Bangladesh’s interim government has enacted a landmark amendment to the International Crimes (Tribunals) Act, 1973, barring any individual formally charged with crimes against humanity from holding or contesting public office.
The ordinance, issued on October 6, introduces a new provision — Section 20(c) — which explicitly disqualifies anyone facing formal charges before the International Crimes Tribunal (ICT) from becoming or continuing as a Member of Parliament, local government representative, mayor, chairman, commissioner, administrator, or from holding any position in the government or public institutions.
Officials described the amendment as a step toward restoring accountability and integrity in Bangladesh’s governance. Yet political analysts warn that the decision could profoundly alter the nation’s political landscape as the interim government prepares to oversee national elections in February.
“The message is clear,” said a senior official involved in the legislative process. “Those accused of grave human rights violations will no longer be able to hide behind political office or use their influence to obstruct justice.”
By linking ICT charges to electoral disqualification, the government appears intent on drawing a firm line between justice and politics, a former member of the Law Commission observed.
The ordinance takes immediate effect and will remain in force unless repealed or amended by an elected government in the future. The Election Commission is expected to issue updated eligibility guidelines reflecting the new disqualification clause ahead of any electoral process.
Political analysts believe the amendment could significantly alter candidate rosters across major parties, particularly affecting the Awami League and its allies, many of whose senior members are now under investigation or facing formal charges.
In essence, the ordinance represents a turning point in Bangladesh’s legal and political accountability framework — signalling a decisive effort by the interim government to separate governance from impunity and to institutionalize justice before politics.
The move follows a September 4 meeting of the Council of Advisers chaired by Chief Adviser Professor Muhammad Yunus, where the decision to amend the law was unanimously endorsed.
Chief Adviser’s Press Secretary Shafiqul Alam later told reporters that the amendment aligns with Section 9(1) of the ICT Act, which empowers the tribunal to prosecute and try individuals accused of genocide, war crimes, and crimes against humanity.
He emphasized that “individuals formally charged under such grave offences should not be allowed to influence public institutions or hold authority until their cases are resolved.”
Government sources confirmed that formal charges have been accepted against several prominent figures from the previous Awami League administration, including ousted fugitive former Prime Minister Sheikh Hasina, former Home Minister Asaduzzaman Khan Kamal, and several senior bureaucrats and police officials implicated in crimes allegedly committed during the past decade.
The ICT has also received charge sheets against Jatiya Samajtantrik Dal (JaSaD) President Hasanul Haq Inu and Awami League Joint General Secretary Mahbubul Alam Hanif, among others. Trials for several of these accused are reported to be underway.
Legal analysts note that the new clause effectively extends the ICT’s impact beyond prosecution to governance and eligibility, ensuring that no accused individual — even before conviction — can wield state authority or influence policymaking.
The amendment marks the first substantial revision to the International Crimes (Tribunals) Act, 1973 since the law was revived in 2010 under the Awami League-led government.
While the original framework focused solely on wartime offences during 1971, the current interim government has expanded its scope to cover crimes against humanity committed in subsequent periods, including alleged political persecutions, extrajudicial killings, enforced disappearances, and systematic corruption.
Legal experts argue that the disqualification provision mirrors standards seen in international jurisdictions, where individuals indicted for crimes against humanity are suspended from public duties until acquittal. However, some caution that the rule must be applied transparently to avoid perceptions of political retaliation.
“The move is both legally sound and politically significant,” said a former law commission member. “It upholds the principle that those accused of the gravest crimes should not exercise power while under trial, but the credibility of the process depends on judicial independence and adherence to due process.”
Observers see the amendment as part of the Yunus administration’s broader anti-impunity and reform agenda, which seeks to restore public trust in state institutions following years of alleged abuse of power.
The interim government has already initiated parallel inquiries into illegal wealth accumulation, police brutality, and election manipulation during the Awami League’s tenure.
Comments
Bangladesh’s interim government has enacted a landmark amendment to the International Crimes (Tribunals) Act, 1973, barring any individual formally charged with crimes against humanity from holding or contesting public office.
The ordinance, issued on October 6, introduces a new provision — Section 20(c) — which explicitly disqualifies anyone facing formal charges before the International Crimes Tribunal (ICT) from becoming or continuing as a Member of Parliament, local government representative, mayor, chairman, commissioner, administrator, or from holding any position in the government or public institutions.
Officials described the amendment as a step toward restoring accountability and integrity in Bangladesh’s governance. Yet political analysts warn that the decision could profoundly alter the nation’s political landscape as the interim government prepares to oversee national elections in February.
“The message is clear,” said a senior official involved in the legislative process. “Those accused of grave human rights violations will no longer be able to hide behind political office or use their influence to obstruct justice.”
By linking ICT charges to electoral disqualification, the government appears intent on drawing a firm line between justice and politics, a former member of the Law Commission observed.
The ordinance takes immediate effect and will remain in force unless repealed or amended by an elected government in the future. The Election Commission is expected to issue updated eligibility guidelines reflecting the new disqualification clause ahead of any electoral process.
Political analysts believe the amendment could significantly alter candidate rosters across major parties, particularly affecting the Awami League and its allies, many of whose senior members are now under investigation or facing formal charges.
In essence, the ordinance represents a turning point in Bangladesh’s legal and political accountability framework — signalling a decisive effort by the interim government to separate governance from impunity and to institutionalize justice before politics.
The move follows a September 4 meeting of the Council of Advisers chaired by Chief Adviser Professor Muhammad Yunus, where the decision to amend the law was unanimously endorsed.
Chief Adviser’s Press Secretary Shafiqul Alam later told reporters that the amendment aligns with Section 9(1) of the ICT Act, which empowers the tribunal to prosecute and try individuals accused of genocide, war crimes, and crimes against humanity.
He emphasized that “individuals formally charged under such grave offences should not be allowed to influence public institutions or hold authority until their cases are resolved.”
Government sources confirmed that formal charges have been accepted against several prominent figures from the previous Awami League administration, including ousted fugitive former Prime Minister Sheikh Hasina, former Home Minister Asaduzzaman Khan Kamal, and several senior bureaucrats and police officials implicated in crimes allegedly committed during the past decade.
The ICT has also received charge sheets against Jatiya Samajtantrik Dal (JaSaD) President Hasanul Haq Inu and Awami League Joint General Secretary Mahbubul Alam Hanif, among others. Trials for several of these accused are reported to be underway.
Legal analysts note that the new clause effectively extends the ICT’s impact beyond prosecution to governance and eligibility, ensuring that no accused individual — even before conviction — can wield state authority or influence policymaking.
The amendment marks the first substantial revision to the International Crimes (Tribunals) Act, 1973 since the law was revived in 2010 under the Awami League-led government.
While the original framework focused solely on wartime offences during 1971, the current interim government has expanded its scope to cover crimes against humanity committed in subsequent periods, including alleged political persecutions, extrajudicial killings, enforced disappearances, and systematic corruption.
Legal experts argue that the disqualification provision mirrors standards seen in international jurisdictions, where individuals indicted for crimes against humanity are suspended from public duties until acquittal. However, some caution that the rule must be applied transparently to avoid perceptions of political retaliation.
“The move is both legally sound and politically significant,” said a former law commission member. “It upholds the principle that those accused of the gravest crimes should not exercise power while under trial, but the credibility of the process depends on judicial independence and adherence to due process.”
Observers see the amendment as part of the Yunus administration’s broader anti-impunity and reform agenda, which seeks to restore public trust in state institutions following years of alleged abuse of power.
The interim government has already initiated parallel inquiries into illegal wealth accumulation, police brutality, and election manipulation during the Awami League’s tenure.
Comments