Generally, crimes against humanity and genocide are perpetrated by a natural person, not by a legal entity. Therefore, establishing each element of a specific criminal act against an individual is crucial to prove such crimes’ guilts. However, the International Crimes Tribunal Bangladesh (ICTB), which was created by the current government of Bangladesh in 2010, trying and penalizing the offenders of international crimes committed in the Liberation War of Bangladesh in 1971 by persons, individuals, and political organizations. Hence, this study analyzes the jurisdiction ratione personae of the ICTB according to contemporary international criminal law and the ICTB Statute. By applying a qualitative approach, this study first outlines the latest international law developed by international criminal law and tribunals on personal jurisdictions. Secondly, this study examines ICTB’s personal jurisdiction to know whether it applies specific requirements to identify real criminals based on the personal jurisdictional capacity enshrined by international criminal law and tribunals. Thirdly, this study examines any legal failure ascertained by the ICTB to figure out the original culprits who committed crimes against humanity, and genocide. Lastly, this study recommends some ways forward; otherwise, the ICTB would be considered the victor’s justice type of initiative to suppress the alleged perpetrators, mainly from the opposition political party of Bangladesh, who are being prosecuted nowadays.
Maruf Billah (Sat,) studied this question.