Toby Cadman urges interim government to refer July massacres to ICC, calls for tribunal reforms

Toby Cadman, special advisor to the chief prosecutor of the International Crimes Tribunal, or ICT, has urged the interim government to refer the July-August massacre cases to the International Criminal Court in The Hague.

Cadman, an international criminal law specialist with experience working on war crimes cases in Bosnia, Kosovo, Rwanda, Yemen, Syria, and Ukraine, made this recommendation during a meeting with Chief Advisor Muhammad Yunus at the State Guest House Jamuna in Dhaka on Thursday.

According to a media statement from the Chief Advisor's Office, the discussions centred around how Bangladesh could work with the Hague-based ICC.

 “The discussions revolved around the potential for international cooperation and the roles and responsibilities of the court in relation to Bangladesh's quest for justice,” the statement read.

It was noted that some accused have sought refuge in foreign countries, obstructing the judicial process.

Therefore, close collaboration with the ICC is necessary to ensure that “perpetrators” are brought to justice, it read.

The meeting also addressed the progress and challenges faced by the ICT in addressing crimes committed during the previous regime, particularly during the student-led uprising in July-August 2024.

Cadman, also the head of G37 Chambers, suggested amendments to the ICT legal and regulatory framework, including the important issue of changing the name of the institution "to demonstrate a clear departure from the previous autocratic regime."

Other important issues discussed included reconsidering the death penalty and revising the rules for the acceptance of evidence to ensure fair trials and due process, according to the statement.

“Yunus appreciated the work of the ICT prosecution team, saying they must uphold the highest international standards to ensure a fair trial and justice,” it read.

“The chief advisor also said Bangladesh would soon decide whether it would refer the July ‘atrocities’ to the Hague-based ICC since the UN fact-finding mission last month reported that potential ‘crimes against humanity’ were committed during the uprising,” it added.

"It is important that the world should know who ordered the massacres of 1,400 students, protesters, and workers during the July uprising and who were the main perpetrators. The UN fact-finding mission has done a splendid job by unmasking the real face of the (Sheikh Hasina) regime. Now we must hold the culprits to account and serve justice," said Yunus.

The meeting also focused on how to provide sufficient resources to the tribunal and prosecution, ensuring witness protection, safeguarding the accused's rights to a fair trial, and ensuring transparency for the public in the judicial process.

Another major point of discussion was the seizure of stolen assets by the previous regime, it said.

The attendees deliberated on the legal and procedural measures needed to recover and repatriate these assets to Bangladesh, it added.

At the end of the meeting, Yunus presented Cadman with a copy of the book "Art of Triumph: Graffiti of Bangladesh’s New Dawn," symbolising the hope and resilience of the Bangladeshi people in “their new era”.