Perhaps this should not come as a surprise – but Bangladesh’s new Chief Prosecutor of the International Crimes Tribunal (ICT), a senior advocate of the Appellate Division of the Supreme Court, can hardly be described as non-partisan. Aminul Islam is closely aligned with the governing Bangladesh Nationalist Party (BNP). He served as the central vice president of the BNP Lawyers’ Forum and reportedly sought the party’s nomination for the Habiganj-4 constituency in the recent elections.
Given that the BNP had decided to replace Tajul Islam -who himself had past associations with Jamaat-e-Islami – it would have been preferable to appoint a widely respected, non-partisan figure to lead the prosecution. Such an appointment could have strengthened public confidence in the tribunal’s independence.
As matters stand, decisions taken by the ICT prosecution are likely now to be perceived as decisions influenced by the BNP government. This not only leaves the prosecution vulnerable to allegations that its actions are politically motivated rather than evidence-based, but also places the BNP itself directly in the frame of any controversy surrounding the tribunal’s work.
That said, the new ICT Chief Prosecutor has barely had time to settle into the role. It would be premature to assume how he will perform. Political affiliations do not automatically determine professional conduct, and there remains the possibility that he will approach the office with independence and a clear commitment to due process. We will have to wait and see
