Practice Relating to Rule 158. Prosecution of War Crimes
Bangladesh’s Constitution (1972), as amended to 2011, states:
Notwithstanding anything contained in this Constitution, no law nor any provision thereof providing for [the] detention, prosecution or punishment of any person, who is a member of any armed or defence or auxiliary forces or any individual, group of individuals or organisation or who is a prisoner of war, for … war crimes and other crimes under international law shall be deemed void or unlawful, or ever to have become void or unlawful, on the ground that such law or provision of any such law is inconsistent with, or repugnant to, any of the provisions of this Constitution.
Bangladesh’s International Crimes (Tribunal) Act (1973) provides:
(1) A Tribunal shall have the power to try and punish any person irrespective of his nationality who, being a member of any armed, defence or auxiliary forces commits or has committed in the territory of Bangladesh, whether before or after the commencement of this act, any of the following crimes.
(2) The following acts or any of them are crimes within the jurisdiction of a Tribunal for which there shall be individual responsibility, namely: –
(a) Crimes against Humanity …
(b) Crimes against Peace …
(c) Genocide …
(d) War Crimes …
(e) Violation of any humanitarian rules applicable in armed conflicts laid down in the Geneva Conventions of 1949 …
(f) Any other crimes under international law;
(g) Attempt, abetment or conspiracy to commit any such crimes;
(h) Complicity in or failure to prevent commission of any such crimes.
In 2010, during a debate in the UN Security Council on the protection of civilians in armed conflict, the Counsellor of the Permanent Mission of Bangladesh stated: “My delegation condemns all violations of international humanitarian and human rights law and stresses the need to combat impunity”.
In 2010, in a statement before the UN General Assembly, the Prime Minister of Bangladesh stated:
Bangladesh has established an International Crimes Tribunal to try persons responsible for war crimes and crime[s] against humanity, including genocide, arson and rape committed during our war of liberation in 1971, and immediately thereafter. This action is in accord[ance] with the rule of law as reflected in the  Rome Statute of the International Criminal Court (ICC), which we have ratified and which aims at bringing perpetrators of war crimes, genocide, and crimes against humanity … to justice. I believe that only justice can heal the unforgivable, deadly wrongs of the past.