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ICTB

The document discusses relevant constitutional provisions regarding retrospective effect of laws in Bangladesh. It discusses Article 35(1) and 47(3) of the Bangladesh Constitution regarding crimes committed and laws in effect at the time. It also mentions the International Crimes (Tribunals) Act of 1973 and jurisdiction of the International Crimes Tribunal of Bangladesh.

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36 views2 pages

ICTB

The document discusses relevant constitutional provisions regarding retrospective effect of laws in Bangladesh. It discusses Article 35(1) and 47(3) of the Bangladesh Constitution regarding crimes committed and laws in effect at the time. It also mentions the International Crimes (Tribunals) Act of 1973 and jurisdiction of the International Crimes Tribunal of Bangladesh.

Uploaded by

sami016law
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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 Relevant Constitutional Provisions:

According to article 35(1) of the Bangladesh Constitution, no person shall be


convicted of any offence except for violation of a law in force at the time of the
commission of the act charged as an offence, nor be subjected to a penalty greater
than, or different from, that which might have been inflicted under the law in force at
the time of the commission of the offence.
But Article 47(3) deals with retrospective effect which means laws are laws passed
today, that change what was legal or illegal yesterday. In other words, they are made
ex post facto – after the fact – to change what people's rights and responsibilities
were in the past.
Article 47(3) of the Bangladesh Constitution says that,
Notwithstanding anything contained in this Constitution, no law nor any provision
thereof providing for detention, prosecution or punishment of any person, who is a
member of any armed or defence or auxiliary forces 3[or any individual, group of
individuals or organisation] or who is a prisoner of war, for genocide, crimes against
humanity or 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.

[Chief Prosecutor Versus Abdul Quader Molla, 2013] a case of ICTB.


 The International Crimes (Tribunals) Act, 1973

 Jurisdiction of ICTB:

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