Some Colonial Crimes May Amount to Crimes Against Humanity – EJIL: Talk! – Go Health Pro

Some Colonial Crimes May Amount to Crimes Against Humanity – EJIL: Talk! – Go Health Pro

On December 2, 2024, Brussels’ Court of Appeal found the Belgian State guilty of crimes against humanity for the abduction of mixed-race children during the colonial rule in the Democratic Republic of the Congo. The Court ruled in favour of five women born to a black mother and a white father who were forcibly removed from their families and placed in religious orphanages before the Congo’s independence in 1960. Each plaintiff was awarded 50,000 euros in damages for the suffering caused by the loss of ties to their mothers, to their home environment, and their loss of identity.

This decision reversed the first instance judgment of December 8, 2021. In 2019, Belgium’s Prime Minister apologized for the injustice suffered by people of mixed ancestry born during the colonial period. It is estimated that thousands of children were affected by the policy of forced removals during Belgium’s rule over the Democratic Republic of the Congo, Rwanda, and Burundi.

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Trial in Absentia Under the Bangladesh International Crimes (Tribunals) Act 1973 – EJIL: Talk! – Go Health Pro

Some Colonial Crimes May Amount to Crimes Against Humanity – EJIL: Talk! – Go Health Pro

Introduction

Following mass student protests and a violent crackdown that killed at least 1,400 people, Sheikh Hasina’s 15-year authoritarian rule as Prime Minister of Bangladesh ended on 5 August 2024 (here, here, here). Amid unprecedented public outrage, she fled to India, and an interim Government led by Nobel Laureate Dr Muhammad Yunus took charge. The violence was largely triggered by the Government’s shoot-on-sight orders to suppress the protests. Legal proceedings under the International Crimes (Tribunals) Act (ICTA) have since been initiated against Hasina and other Bangladesh Awami League (BAL) leaders for alleged crimes against humanity. Although the International Crimes Tribunal (ICT-BD) has requested her extradition from India, Indian authorities have refused, citing carve-out clauses under the extradition treaty. Special Adviser to the Chief Prosecutor, Toby Cadman, has asserted that the trial will proceed in Hasina’s absence, if necessary. However, this post challenges the legality of conducting such trials in absentia, arguing they lack justification under both the ICTA and international criminal law. This argument gains further weight from the fact that the ICTA prescribes death penalty as its maximum punishment. The post will start by exploring the historical background of the ICTA, then move on to examine its core legal provisions and significant judicial decisions, both domestic and international, complemented by a comparative analysis of the well-established jurisprudence of the UN Human Rights Committee (UNHRC) and the European Court of Human Rights (ECtHR). It ultimately argues that, unless the law is reformed to align with international standards, conducting a trial against Hasina and other defendants in absentia would be inconsistent with established legal norms and would undermine fundamental principles of due process.

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CfP European Yearbook of Constitutional Law; Terrorism, Counter-Terrorism & the Rule of Law Summer Programme; Accountability for International Crimes Conference; Unilateral Sanctions Summer School; Responsibility to Protect in Theory and Practice Conference – EJIL: Talk! – Go Health Pro

Some Colonial Crimes May Amount to Crimes Against Humanity – EJIL: Talk! – Go Health Pro

1, Call for Papers: The European Yearbook of Constitutional Law. The European Yearbook of Constitutional Law (EYCL) is inviting scholars from around the world to submit proposals for its 2026 issue on “Social Rights and Constitutional Justice”. The deadline for proposals is 1 June 2025.

2. Advanced Summer Programme: Terrorism, Counter-Terrorism and the Rule of Law. From 25 – 29 August 2025, the T.M.C. Asser Instituut in cooperation with the International Centre for Counter-Terrorism (ICCT), will host in The Hague the 15th anniversary edition of the Advanced Summer Programme on Terrorism, Counter-Terrorism and the Rule of Law. This programme offers an in-depth look at the challenges associated with understanding and addressing the root causes of extremism and terrorism and the difficulties when adopting and implementing counter-extremism and terrorism measures while ensuring respect for human rights, fundamental freedoms, and the rule of law. Additionally, it provides the opportunity to get familiar with current and emerging threats in countering terrorism and (violent) extremism, such as online radicalisation, the use of AI, and disinformation. For more information and registration see here.

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Holding the Leadership of the Islamic Republic of Iran Accountable for International Crimes in Syria – EJIL: Talk! – Go Health Pro

Some Colonial Crimes May Amount to Crimes Against Humanity – EJIL: Talk! – Go Health Pro

Following the fall of the Assad regime, calls for accountability for international crimes committed under Assad’s rule are gaining momentum. These calls have particularly focused on the brutal crackdown on protests that began in March 2011 and escalated into one of the bloodiest non-state armed conflicts in recent history. The final statement of Syria’s national … Read more

ICC Office of the Prosecutor Releases Draft Policy on Cyber-Enabled Crimes – EJIL: Talk! – Go Health Pro

Some Colonial Crimes May Amount to Crimes Against Humanity – EJIL: Talk! – Go Health Pro

This article is cross-posted at Lawfare. On March 6, the Office of the Prosecutor of the International Criminal Court (ICC) published a draft Policy on cyber-enabled crimes, which is now open for public consultation. States and non-state actors are increasingly using advanced cyber tools, including artificial intelligence (AI), to commit or facilitate crimes against international law. … Read more