INTRODUCTION
This article explores the controversial appointment of Muhammad Tajul Islam as the new Chief Prosecutor of the International Crimes Tribunal of Bangladesh (ICT-BD). Following Bangladesh’s independence in 1971, the government enacted the International Crimes (Tribunal) Act in 1973 to prosecute Pakistani military personnel for wartime atrocities. However, no prosecutions were pursued at the time. In 2009, the Awami League government revived the 1973 law to establish the ICT-BD, shifting its focus to Bangladeshi nationals accused of collaborating with the Pakistani army.
In September 2024, the interim government appointed Tajul Islam to lead the ICT-BD and oversee prosecutions related to the July–August 2024 protest crackdown. The appointment sparked controversy due to his past role as a defence lawyer for Jamaat-e-Islami leaders, despite his public denial of any political motive. This article explores the legal and political implications of his nomination and its impact on the ICT-BD’s perceived legitimacy and impartiality.
THE APPOINTMENT OF TAJUL ISLAM: CONTEXT AND FACTS
A Tribunal at a Turning Point: Political Change and Legal Reform
2.1.1 A Surge in Complaints After the 2024 Protests
The appointment of a new Chief Prosecutor to the ICT-BD occurred amid a surge of complaints related to the July 2024 protests. These mass demonstrations, led primarily by students, erupted in response to allegations of government corruption, economic mismanagement, and authoritarian overreach under the administration of former Prime Minister Sheikh Hasina. By late 2024, formal complaints naming Hasina, along with several members of her former cabinet and party, had been submitted to the tribunal.
Although the ICT-BD was originally established to prosecute crimes committed during the 1971 Liberation War, the interim government expanded the tribunal’s jurisdiction to include crimes against humanity allegedly committed during the state’s violent crackdown on the 2024 protests.
2.1.2 Structural Reforms and New Prosecutorial Appointments
Bergman, D. (2025, February 20). A second life for Bangladesh’s International Crimes Tribunal? Justice Info.
Ayas, A. (2024, August 7). Nation in turmoil: The economic roots of Bangladesh unrest. Al Majalla.
Jamaat leaders’ lawyer Tajul Islam made ICT chief prosecutor. (2025, September 7). New Age.
Bangladesh bans activities of ousted PM Hasina’s party following protests. (2025, May 11). Reuters.
This major reform led to a significant increase in the tribunal’s caseload, prompting the interim government to introduce structural changes, including the expansion of the number of judges at the ICT-BD, to manage the growing volume of complaints. It was in this context that the interim government of Bangladesh, which took power after the resignation of former Prime Minister Hasina in August 2024, appointed Tajul Islam as the new Chief Prosecutor of the ICT-BD. Four additional lawyers were appointed as prosecutors: Mizanul Islam, Gazi Monawar Hossain Tamim, BM Sultan Mahmud and Abdullah Al Noman.
- A Contested Professional Background
2.2.1 Tajul Islam’s Professional Background and Political Affiliation
Islam’s nomination as the new Chief Prosecutor of the ICT-BD has sparked controversy because of his professional background. He previously served as a defence counsel for senior leaders of Jamaat-e-Islami (JEI) in cases prosecuting war crimes under the Hasina-led Awami League governments. Notably, in 2013, he represented Abdul Quader Mollah, a JEI leader sentenced to life imprisonment for crimes against humanity. Fakir Shah, a Bangladeshi journalist, pointed out “the irony in selecting the former defence counsel for Jamaat leaders as the Chief Prosecutor tasked with prosecuting Hasina, the daughter of Sheikh Mujib, the hero of 1971”.
It is also worth noting that until August 2024, Tajul Islam was a joint convener of Amar Bangladesh Party (AB Party), which publicly condemned the Awami League’s brutal suppression of the 2024 July protests. Islam’s affiliation with a party that rejects the very crackdown he is now tasked with prosecuting raises serious concerns about the perception of impartiality in the tribunal’s proceedings.
2.2.2 The Backgrounds of the Other Newly Appointed Prosecutors
Tajul Islam’s appointment was part of a broader reshuffle at the tribunal; four additional prosecutors were also nominated to support the ICT-BD’s expanded mandate. Two of the newly appointed prosecutors share a similar professional background to Tajul Islam’s. Mizanul Islam previously served as defence counsel for Delawar Hossain Sayedee, a senior Jamaat-e-Islami leader who was convicted by the ICT-BD in 2013 for crimes against humanity. Gazi Tamim also acted as a defence lawyer for Jamaat leaders during the war crimes trials.
Probes, trials of war crimes cases stalled. (2025, December 15). New Age.
ICT gets new chief prosecutor, 4 prosecutors. (2024, September 8). The Daily Star.
Jamaat leaders’ lawyer Tajul Islam made ICT chief prosecutor. (2025, September 7). New Age.
Chakravarty, A. A. (2024, October 29). The Dhaka trials: Bangladesh’s International Crime Tribunal – A renewed pursuit or a judicial overreach? Chintan India Foundation.
Shah, F. (2024, September 13). The Irony and Risks of Tajul Islam as Chief Prosecutor of ICT in Bangladesh.
ICT gets new chief prosecutor, 4 prosecutors. (2024, September 8). The Daily Star.
Bangladesh Trial Observer. (2012, December 27). 27 December 2012: Sayedee Retrial Arguments.
ICT gets new chief prosecutor, 4 prosecutors. (2024, September 8). The Daily Star.
This series of appointments has drawn criticism from observers who argue that it underscores the politicisation of the ICT-BD and further exacerbates longstanding concerns over its compliance with due process standards.
THE ICT-BD UNDER SCRUTINY: POLITICAL AND LEGAL CONCERNS
Persistent Allegations of Politicisation
3.1.1 A Politicised Tribunal?
The ICT-BD has long faced accusations of being politically motivated, with critics pointing to a pattern of conduct that undermines its credibility as a neutral judicial body. One emblematic case is that of Abdul Quader Molla, a senior JEI leader who was executed following a trial widely criticised for procedural shortcomings and a lack of appellate safeguards. Moreover, JEI has consistently accused the ICT-BD of selectively targeting its members for prosecution. While several JEI leaders were convicted for alleged collaboration during the 1971 Liberation War, no Pakistani officers or other alleged collaborators have been tried. This selective justice has fuelled perceptions that the tribunal serves as a political tool of the Awami League to suppress opposition and sustain inter-party conflict in Bangladesh.
More recently, the Awami League, which held power until August 2024, made a series of contentious appointments of judges, prosecutors, and members who were fervent followers of the party. These nominations became even more controversial when the Supreme Court observed that substantial public funds had been allocated to investigators and prosecutors at the ICT-BD, but “they did not handle and investigate the cases properly”. As journalist Fakir Shah remarked: “The appointment feels like a gift to the very regime the people just deposed”. Rather than breaking with the past, the interim government seems to be perpetuating the same patterns of politicisation, thereby further eroding the tribunal’s perceived legitimacy at a critical juncture.
3.1.2 New Appointments and the Risk of Perceived Bias
The appointment of Tajul Islam, who previously served as legal counsel for JEI leaders and was affiliated with the AB Party, raises concerns about the ICT-BD’s perceived impartiality.
Amnesty International. (2013, September 17). Bangladesh: Death sentence without right to judicial appeal defies human rights.
Ahmad, T. (2013, July 22). The unmaking of Bangladesh. Al Jazeera.
Roy, N. (2023, April 4). Politicisation and abuse of memory: The genocide in Bangladesh and the failure of the International Crimes Tribunal. Cafedissensus.
Billah, M, Mahbub, F. & Nisa, T. B. (2022). The Impact of the Political Interference on Prosecuting International Crimes: An Experience from the International Crimes Tribunal Bangladesh. Hong Kong Journal of Social Sciences, 58 (1), 610 ; Shah, F. (2024, September 13). The Irony and Risks of Tajul Islam as Chief Prosecutor of ICT in Bangladesh.
Jamaat leaders’ lawyer Tajul Islam made ICT chief prosecutor. (2025, September 7). New Age.
Shah, F. (2024, September 13). The Irony and Risks of Tajul Islam as Chief Prosecutor of ICT in Bangladesh.
Journalist Fakir Shah draws a comparison to the United Kingdom (UK) case against Augusto Pinochet, where a judge’s undisclosed ties to Amnesty International led to a ruling being overturned due to perceived bias. Similarly, installing a figure with both political affiliations and a prior defence history that may be viewed as partisan, risks creating an appearance of prosecutorial bias that could undermine the integrity of future proceedings against Hasina.
In response to concerns over his appointment, Tajul Islam has publicly asserted that his role is intended solely “to ensure justice for the brutalities that occurred […] without any political ambitions”. However, given the context of his prior affiliations and the tribunal’s politically charged context, Islam’s appointment may well be interpreted as a signal that the trials under the new interim government risk being shaped by political agendas, which would critically undermine the tribunal’s ability to meet the fundamental standards of fairness and impartiality.
Long-standing Concerns Over Due Process
3.2.1 Structural and Procedural Deficiencies
The ICT-BD has faced sustained criticism for its lack of due process safeguards and the weak protection of defence rights. Most notably, the Bangladesh Constitution explicitly denies individuals accused before the ICT-BD access to constitutional remedies before the Supreme Court, including essential protections related to arrest, investigation, and trial.
Beyond these structural deficiencies, the ICT-BD’s practices have raised serious concerns. Some verdicts were delivered by judges who had not heard all the evidence, and the tribunal allows convictions in absentia, including death sentences, without guaranteeing retrials. Moreover, defence counsels have been routinely granted inadequate time to prepare their cases, while allegations of prohibited communications between judges and prosecutors, along with reports of political interference, further call into question the tribunal’s impartiality.
3.2.2 Islam’s Appointment in Light of Fair Trial Guarantees
Shah, F. (2024, September 13). The Irony and Risks of Tajul Islam as Chief Prosecutor of ICT in Bangladesh.
ICT Chief Prosecutor: Genocide case defendants can hire foreign lawyers. (2024, September 9). Dhaka Tribune.
Chakravarty, A. A. (2024, October 29). The Dhaka trials: Bangladesh’s International Crime Tribunal – A renewed pursuit or a judicial overreach? Chintan India Foundation.
Chopra, S. (2015). The International Crimes Tribunal in Bangladesh: Silencing Fair Comment. Journal of Genocide Research, 17(2), 213.
Chopra, S. (2015). The International Crimes Tribunal in Bangladesh: Silencing Fair Comment. Journal of Genocide Research, 17(2), 17(2), 213.
Chopra, S. (2015). The International Crimes Tribunal in Bangladesh: Silencing Fair Comment. Journal of Genocide Research, 17(2), 213.
Human Rights Watch. (2016, March 22). Bangladesh: War crimes verdict based on flawed trial.
Chopra, S. (2015). The International Crimes Tribunal in Bangladesh: Silencing Fair Comment. Journal of Genocide Research, 17(2), 214.
The appointment of Tajul Islam as the new Chief Prosecutor of the ICT-BD does not contradict critiques that point out the lack of fair trial and due process standards. As noted by David Bergman, “The most basic characteristic of a fair trial should be uncertainty about whether the person accused will be found guilty or innocent”. Tajul Islam’s political alignment with the AB party raises significant concerns about his impartiality in prosecuting Hasina, the former Awami League leader. Hasina fled to India in August 2024 following her ouster amid mass protests. She now faces an extradition request from Bangladesh to stand trial before the ICT-BD and could credibly invoke this perceived bias in contesting her extradition.
CONCLUSION: BETWEEN POLITICAL EXPEDIENCY AND JUDICIAL INTEGRITY
The appointment of Muhammad Tajul Islam as Chief Prosecutor of the ICT-BD has reignited longstanding concerns about the tribunal’s impartiality and political instrumentalisation. Owing to his previous capacity as defence counsel for JEI and other political affiliations, Islam would be inadvertently and/or otherwise, subject to perceived bias and scrutiny. This may especially arise as he is now tasked with prosecuting figures from the former ruling party.
This situation reflects a broader risk: that the ICT-BD may once again serve political ends rather than the impartial pursuit of justice. As demonstrated by past international justice controversies, perceptions of neutrality are as crucial as legal outcomes. Without clear guarantees of judicial independence and due process, the tribunal risks reinforcing rather than resolving Bangladesh’s political divisions.
BIBLIOGRAPHY
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