ICT investigators, prosecutors receive authority to arrest Uprising crime suspects without warrant

The International Crimes Tribunal (ICT) of Bangladesh has amended its rules of procedure to allow investigators and prosecutors to arrest suspects accused of crimes against humanity during the July Uprising without prior approval or a warrant from the tribunal.

The authority, formalised through a government gazette on Thursday, marks a significant expansion of powers for the tribunal.

Previously, investigators had to seek permission from the tribunal before any arrest could be made.

The revised rules—approved by a three-member panel comprising Justice Mohammad Golam Mortuza Majumdar, Justice Shafiul Alam Mahmud, and Judge M Mohitul Haque Enam Chowdhury—were issued under Section 22 of the International Crimes (Tribunals) Act, 1973. A total of 44 amendments were made to 25 sections of the ICT’s 2010 rules of procedure.

Under the new provisions, if an arrest warrant is issued against a suspect, law-enforcing officers, prosecutors, and investigators can all execute the arrest.

In addition, investigators may now detain suspects even in the absence of a warrant, a major departure from previous rules.

Section 1 of the amended Clause 34 mandates that any person arrested must be produced before the tribunal or a magistrate within 24 hours.

“This change eliminates the delays that often enabled suspects to escape after learning about pending warrants,” said Tribunal Prosecutor Gazi MH Tamim. “Now investigators can act immediately, closing that loophole.”

The amendments also expand the powers of the Chief Prosecutor. According to newly added Section 18(1A), the Chief Prosecutor can decide whether a formal complaint should be filed and may refer cases to lower courts if necessary.

In complex cases involving multiple suspects, the prosecutor may also file more than one complaint.

For the first time, the rules introduce a procedure for prosecuting political parties or organisations. Section 30 states that if a case is accepted against an organisation, the tribunal may issue a summons to its president or general secretary.

Other key changes include:

• Mandatory recording of witness statements by judicial magistrates when requested by an ICT investigator.

• Authority to request documents from any court or tribunal in Bangladesh, excluding the Supreme Court, under Section 18(1C).

• Gender-inclusive language: All official forms and rules will now use gender-neutral pronouns. For example, “he” is to be replaced with “he or she”.

Three existing sections—22, 23, and 63(A)—have been repealed.

Originally established in 2010 by the Awami League government to prosecute war crimes committed during the 1971 Liberation War, the ICT has undergone a dramatic transformation since the July Uprising that led to the fall of that government.

The interim administration is now using the tribunal to pursue cases against Awami League leaders and their allies, effectively repurposing an institution that once targeted the Jamaat-e-Islami’s top leadership.