UN rights chief suggests pursuing ICC, universal jurisdiction to bring back offenders

The brutal response to the student-people movement in July and August last year was a calculated and well-coordinated strategy by the former government to hold onto power, said Volker Türk, the United Nations high commissioner for human rights. 

While disclosing a fact-finding report on human rights violations and abuses in the July-August uprising on Wednesday, he also noted that these acts were carried out with the knowledge, coordination and direction of the former political leadership and senior security officials. 

To hold the responsible ones accountable, particularly for those staying abroad, he mentioned that there are accountability avenues at the international level that can be considered such as universal jurisdiction as well as a referral by Bangladesh of this situation to the International Criminal Court (ICC). 

Universal jurisdiction is a specific form of extraterritorial jurisdiction. It is based on the idea that some crimes are so serious that all states have the obligation to prosecute offenders, even if the offender is not a national of that state and even if the crime was committed elsewhere. As per rules, all states should prosecute perpetrators of war crimes in their own courts or hand them over to another state that will prosecute them.

The report is based on a comprehensive investigation undertaken by an interdisciplinary team of investigators from the UN human rights office, including a forensic specialist and weapons expert. 

Volker Türk said, “Among our key findings: There are reasonable grounds to believe that officials of the former government, its security and intelligence apparatus, together with violent elements associated with the former ruling party, committed serious and systematic human rights violations. These include hundreds of extrajudicial killings, extensive arbitrary arrest and detention, and torture and ill-treatment, including of children, as well as gender-based violence.”

He also noted that “These violations were carried out with the knowledge, coordination and direction of the former political leadership and senior security officials, with the specific goal of suppressing the protests and keep the former government’s grip on power. Women and girls were at the forefront of the early protests and our report details they were specifically subjected to gender-based violence by security forces and Awami League supporters. There are reasonable grounds to believe that certain crimes against humanity have been committed, directed against protesters and their supporters." 

Over the trial of the incidents, the high commissioner said, “Efforts to ensure accountability have begun, with many cases being lodged, including before Bangladesh’s domestic International Crimes Tribunal. There are major challenges and deficiencies in the current legal system, and significant steps need to be undertaken to ensure compliance with international standards of due process and fair trial.”

Ousted prime minister Sheikh Hasina, who is accused of human rights violations, is now staying in India. Asked about potential avenues to bring her back, Volker Türk noted that the universal jurisdiction mechanism can be used if an offender stays abroad. However, the host country needs to agree to try crimes of severe human rights violations.

Besides, Bangladesh may pursue the ICC in this regard, he added.