Journal of Politics and Law; Vol. 13, No. 3; 2020 ISSN 1913-9047 E-ISSN 1913-9055 Published by Canadian Center of Science and Education Non-retroactivity in Prosecuting Crimes against Humanity and International Crimes Tribunal Bangladesh Maruf Billah1 1 Graduate School of International Development, Nagoya University, Nagoya, Japan Correspondence: Maruf Billah, Graduate School of International Development, Nagoya University, Nagoya, Furo- Cho, Chikusa-Ku, Nagoya 464-8601, Japan. E-mail:
[email protected];
[email protected] Received: July 18, 2020 Accepted: August 10, 2020 Online Published: August 30, 2020 doi:10.5539/jpl.v13n3p180 URL: https://doi.org/10.5539/jpl.v13n3p180 Abstract The International Crimes Tribunal Bangladesh (ICTB) was set up by Bangladesh through the adaptation of the International Crimes Tribunal Act 1973, as an internal mechanism trying to prosecute and punish Bangladeshi perpetrators who committed international crimes in Bangladesh liberation war in 1971. After a long disappearance from the public eye, the Tribunal was reemerged in 2010. The recent cases decided by the Tribunal have revealed that the international crimes; namely, crimes against humanity, were allegedly committed in 1971, while the relevant Statute was enacted in 1973, and was implemented in 2010. Recently, the ICTB is prosecuting crimes against humanity retroactively, which might have violated the prohibition of penalizing certain conducts committed by the perpetrators before the enforcement of such conduct as a law banning such demeanor as an offense. Therefore, this study firstly analyzes the rule against retroactivity in international criminal law. Secondly, it investigates the justification of the retroactive criminalization of crimes against humanity at the first International Military Tribunal, Nuremberg, and its crystallization into the regional and international legal instruments.