The International Criminal Court may exercise jurisdiction in a situation where genocide, crimes against humanity or war crimes were committed on or after 1 July 2002 and:

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• the crimes were committed by a State Party national, or in the territory of a State Party, or in a State that has accepted the jurisdiction of the Court; or

• the crimes were referred to the ICC Prosecutor by the United Nations Security Council (UNSC) pursuant to a resolution adopted under chapter VII of the UN charter.

 

​As of 17 July 2018, a situation in which an act of aggression would appear to have occurred could be referred to the Court by the Security Council, acting under Chapter VII of the United Nations Charter, irrespective as to whether it involves States Parties or non-States Parties.

 

In the absence of a UNSC referral of an act of aggression, the Prosecutor may initiate an investigation on her own initiative or upon request from a State Party. The Prosecutor shall first ascertain whether the Security Council has made a determination of an act of aggression committed by the State concerned. Where no such determination has been made within six months after the date of notification to the UNSC by the Prosecutor of the situation, the Prosecutor may nonetheless proceed with the investigation, provided that the Pre-Trial Division has authorized the commencement of the investigation. Also, under these circumstances, the Court shall not exercise its jurisdiction regarding a crime of aggression when committed by a national or on the territory of a State Party that has not ratified or accepted these amendments. 

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The ICC is intended to complement, not to replace, national criminal systems; it prosecutes cases only when States do not are unwilling or unable to do so genuinely.

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Preliminary Examinations:

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Bangladesh is a State Party to the Rome Statute, so the first condition is met. However, it is ultimately up to the ICC Prosecutor to determine if there is a sufficient evidential basis to warrant an investigation and prosecution.  If the ICC Prosecutor determines there is a sufficient evidential basis to show that crimes within its jurisdiction may have been committed by persons that fall within its jurisdiction, the Prosecutor may open a preliminary examination and thereafter request a Pre-Trial Chamber to authorise the opening of an investigation and the issuance of arrest warrants.

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Any individual, group or State can send information to the Office of the Prosecutor (OTP) regarding alleged crimes falling under the jurisdiction of the Court. To date, the OTP has received more that 12,000 of such communications, which can form the initial basis of the Office's preliminary examinations.

 

The OTP conducts a preliminary examination to decide whether there is a reasonable basis to initiate an investigation.

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In doing so, the OTP is required to assess and verify a number of legal criteria. These include, among others: if the crimes were committed after 1 July 2002, the date of the entry into force of the Rome Statute, the Court's founding treaty; if the crimes took place in the territory of a State Party or were committed by a national of a State Party (unless the situation was referred by the UN Security Council); if they amount to war crimes, crimes against humanity or genocide; the gravity of these crimes; if there are no genuine investigations or prosecutions for the same crimes at the national level; and if opening an investigation would not serve the interests of justice and of the victims.

 

National authorities bear the primary responsibility, in the first instance, to investigate and prosecute those most responsible for the commission of mass crimes. The Court will initiate investigations, in accordance with the legal criteria set by the Rome Statute, only when the national authorities have failed to uphold this primary responsibility and in the absence of genuine national proceedings.

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There are no timelines provided in the Rome Statute for bringing a preliminary examination to a close. Depending on the facts and circumstances of each situation, the Prosecutor may decide either to: (i) decline to initiate an investigation; (ii) continue to collect information on crimes and relevant national proceedings in order to make a determination; or (iii) initiate the investigation, subject to judicial authorisation as appropriate.

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Preliminary examinations also provide an opportunity to the OTP to encourage national authorities to fulfil their primary responsibility to carry out national investigations and prosecutions themselves. In applying the Rome Statute criteria, should the OTP determine it needs to open an investigation, it will do so without hesitation. Political considerations never form part of the Office's decision making.

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Investigations:

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To conduct its investigations, generally, the OTP sends missions – usually composed of investigators, cooperation advisers, and if necessary, prosecutors – to concerned countries, collects and examines different forms of evidence, and questions a range of persons, from those being investigated to victims and witnesses. To undertake these activities, the OTP relies on the assistance and cooperation of States Parties, international and regional organisations, as well as civil society.

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In the process of gathering evidence, the OTP identifies the gravest incidents and those most responsible for these crimes. The OTP has an obligation to gather both incriminating and exonerating evidence, in order to establish the truth about a given situation. The exonerating information will be disclosed to the Defence teams as part of the proceedings.

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Arrest Warrants:

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Based on the evidence it gathers during an investigation, the OTP can submit a request to the ICC judges, asking them to issue arrest warrants or summonses to appear.

 

Why this website: 

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This website is to seek assistance in collecting evidence of human rights violations and other crimes committed by Bangladesh State Officials, Members of the Bangladesh Security Forces, Bangladesh Security and Intelligence Services and Bangladesh Armed Forces.

 

We believe that by working together, we can bring those responsible for these atrocities to justice and hold them accountable for their actions.

We are calling on everyone, including victims of such abuses, family members, civil society actors, state officials, insiders, journalists, whistle-blowers, and national and international human rights groups to submit any information that they may have of such crimes. This includes photos, videos, messages, government documents, victim statements, statements of victim's families, and any other relevant information.

By submitting this information through email, Signal (+44 7472 179344) and Facebook page, we can help build a comprehensive case to be presented to the International Criminal Court (ICC) in order to seek justice for the victims of these crimes. The ICC is an independent international court that investigates and prosecutes individuals accused of international crimes.

Your submission of information is vital to this process. It can help establish the facts of the case, identify those responsible for these crimes, and help bring them to justice. It can also help ensure that these crimes are not repeated in the future, and that the victims receive the justice they deserve.

We understand that coming forward with evidence can be a difficult and perilous decision, but we assure you that we will take all necessary steps to protect your identity and the International Criminal Court (ICC) ensures as part of its core mandate that witnesses are protected and not subject to retaliation or reprisals. Your safety and privacy are our utmost concern.

We urge you to take this opportunity to make a difference and help us seek justice for those who have been wronged. Together, we can work towards a better future for all.

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