61-957: Delwar Hossain Sayeedi (2 February 1940 – 14 August 2023) was a Bangladeshi Islamic leader, politician, public speaker, and convicted war criminal , who served as a Member of Parliament representing the Pirojpur-1 constituency from 1996 to 2006. In 2013, the International Crimes Tribunal (ICT) in Bangladesh found him guilty on eight out of twenty counts, which included murder, rape, and religious persecution. The verdict, which condemned him to death, generated significant domestic and international attention, leading to both support and criticism. The verdict subsequently led to public protests and clashes between his supporters, opponents, and law enforcement agencies, resulting in
122-524: A war of aggression , or a war in violation of international treaties, agreements, or assurances. Because the definition of a state of "war" may be debated, the term "war crime" itself has seen different usage under different systems of international and military law. It has some degree of application outside of what some may consider being a state of "war", but in areas where conflicts persist enough to constitute social instability. The legalities of war have sometimes been accused of containing favoritism toward
183-413: A Shura member of Majlis in 1989. In 1996, he became a member of the executive council of Jamaat. He served as Naib Amir of Bangladesh Jamaat-e-Islami from 2009 till his death. Having gained recognition, Delwar Hossain Sayeedi was elected as a member of parliament for constituency Pirojpur-1 in the 1996 and 2001 national elections of Bangladesh . On 22 March 2012, the Bangladesh government established
244-523: A duty to prevent" criminal behaviour by a military force. Despite having argued that he had obeyed superior orders , von Hagenbach was convicted, condemned to death , and beheaded. The Hague Conventions were international treaties negotiated at the First and Second Peace Conferences at The Hague , Netherlands, in 1899 and 1907, respectively, and were, along with the Geneva Conventions, among
305-833: A football club, Muktijoddha Sangsad KC , named after itself. After the Partition of India , East Bengal (present Bangladesh) became a province of Pakistan , later named East Pakistan . The relation between East and West Pakistan deteriorated after the partition. In 1970 Pakistan general election was won by the East Pakistan-based Awami League which was led by Sheikh Mujibur Rahman. The Pakistan Military government refused to handover power to Sheikh Mujibur Rahman. On 25 March 1971 Pakistan military launched Operation Searchlight in East Pakistan, attacking political opponents in East Pakistan and starting
366-658: A legal basis and framework for the conduct of war under international law. Every single member state of the United Nations has currently ratified the conventions, which are universally accepted as customary international law , applicable to every situation of armed conflict in the world. The Additional Protocols to the Geneva Conventions adopted in 1977 containing the most pertinent, detailed and comprehensive protections of international humanitarian law for persons and objects in modern warfare are still not ratified by several states continuously engaged in armed conflicts, namely
427-480: A military objective are governed under principles such as of proportionality and military necessity and can be permissible. Military necessity "permits the destruction of life of ... persons whose destruction is incidentally unavoidable by the armed conflicts of the war; ... it does not permit the killing of innocent inhabitants for purposes of revenge or the satisfaction of a lust to kill. The destruction of property to be lawful must be imperatively demanded by
488-474: A plan or policy or as part of a large-scale commission of such crimes". To date, the present and former heads of state and heads of government that have been charged with war crimes include: War crimes are serious violations of the rules of customary and treaty law concerning international humanitarian law , criminal offenses for which there is individual responsibility. Colloquial definitions of war crime include violations of established protections of
549-475: A series of riots and unrest. In September 2014, the Supreme Court commuted his sentence to life imprisonment . His trial was criticized by several international organizations including Human Rights Watch and Amnesty International . Sayeedi died on 14 August 2023 at the age of 83 due to a cardiac arrest. Sayeedi received his first primary religious education at his local village madrassa , which
610-529: Is a legitimate ruse of war , though fighting in combat or assassinating individuals behind enemy lines while so disguised is not, as it constitutes unlawful perfidy . Attacking enemy troops while they are being deployed by way of a parachute is not a war crime. Protocol I, Article 42 of the Geneva Conventions explicitly forbids attacking parachutists who eject from disabled aircraft and surrendering parachutists once landed. Article 30 of
671-419: Is called scorched earth policy for the military purpose of denying the use of ground for the enemy. The German troops retreating from Finnish Lapland believed Finland would be occupied by Soviet troops and destroyed many settlements while retreating to Norway under the command of Rendulic. He overestimated the perceived risk but argued that Hague IV authorized the destruction because it was necessary to war. He
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#1732775332402732-472: Is part of the command structure who orders any attempt to committing mass killings including genocide or ethnic cleansing , the granting of no quarter despite surrender, the conscription of children in the military and flouting the legal distinctions of proportionality and military necessity . The formal concept of war crimes emerged from the codification of the customary international law that applied to warfare between sovereign states , such as
793-569: Is unlawful. For aerial strikes, pilots generally have to rely on information supplied by external sources (headquarters, ground troops) that a specific position is in fact a military target. In the case of former Yugoslavia , NATO pilots hit a civilian object (the Chinese embassy in Belgrade ) that was of no military significance, but the pilots had no idea of determining it aside from their orders. The committee ruled that "the aircrew involved in
854-586: The Awami League , Hindu community, and supporters of the Liberation War at Parerhat Bazar under Pirojpur Sadar; (d) leading an operation, accompanied by Pakistan Army, to burn 25 houses of the Hindu community at Umedpur village (under the jurisdiction of Indurkani Police Station); (e) leading the group who abducted three women from the house of Gouranga Saha of Parerhat Bandar and handing them over to
915-721: The Bangabandhu Sheikh Mujib Medical University after experiencing a cardiac arrest. Following his death, thousands of mourners and supporters assembled outside the hospital premises in a rally. War criminal A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war , torture , taking hostages , unnecessarily destroying civilian property , deception by perfidy , wartime sexual violence , pillaging , and for any individual that
976-802: The Bangladesh Liberation war . The Mukti Bahini was formed by Bengali personal of Pakistani security forces and civilians to fight for the Independence of Bangladesh and was commanded by the Mujibnagar government, the Bangladesh government in exile. Bangladesh became an independent country on 16 December 1971 through the signing of Pakistani Instrument of Surrender . During the 9 months' struggling, Bangladesh became independent on 16 December 1971 . About 3 million people had died and about 0.3 million women were raped by Pakistan military and allied paramilitaries. Muktijoddha Sangsad
1037-602: The Bangladesh Supreme Court , led by Chief Justice Md Muzammel Hossain and comprising a five-member bench, delivered a verdict reducing Sayeedi's sentence from the death penalty to life imprisonment for war crimes. The judgment reflected varying opinions among the judges. In 2004, the United States of America Terrorist Screening Center (TSC) added Sayeedi to its No Fly List , established to prevent suspected radicals and terrorists from flying into
1098-453: The International Crimes Tribunal (Bangladesh) to hear cases resulting from investigations of war crimes during the struggle for independence. It was an effort to "provide justice for victims of atrocities in the 1971 war of independence." In the lead up to the hearing, Sayeedi's eldest son and mother died and he suffered a heart attack . This delayed his trial by a month in 2012. Sayeedi was accused of involvement in numerous crimes, including
1159-939: The Lieber Code (1863) of the Union Army in the American Civil War and the Hague Conventions of 1899 and 1907 for international war. In the aftermath of the Second World War, the war-crime trials of the leaders of the Axis powers established the Nuremberg principles of law, such as that international criminal law defines what is a war crime. In 1949, the Geneva Conventions legally defined new war crimes and established that states could exercise universal jurisdiction over war criminals. In
1220-880: The Nuremberg Trials and Tokyo Trials have been convened. Recent examples are the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda , which were established by the UN Security Council acting under Chapter VIII of the UN Charter . Under the Nuremberg Principles , war crimes are different from crimes against peace . Crimes against peace include planning, preparing, initiating, or waging
1281-645: The U.N. Security Council adopted Resolution 1820 , which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide"; see also wartime sexual violence . In 2016, the International Criminal Court convicted someone of sexual violence for the first time; specifically, they added rape to a war crimes conviction of Congo Vice President Jean-Pierre Bemba Gombo . War crimes also included deliberate attacks on citizens and property of neutral states , such as
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#17327753324021342-587: The laws of war , but also include failures to adhere to norms of procedure and rules of battle, such as attacking those displaying a peaceful flag of truce , or using that same flag as a ruse to mount an attack on enemy troops. The use of chemical and biological weapons in warfare are also prohibited by numerous chemical arms control agreements and the Biological Weapons Convention . Wearing enemy uniforms or civilian clothes to infiltrate enemy lines for espionage or sabotage missions
1403-761: The "Lieber Code." A small number of German military personnel of the First World War were tried in 1921 by the German Supreme Court for alleged war crimes. The modern concept of war crime was further developed under the auspices of the Nuremberg trials based on the definition in the London Charter that was published on August 8, 1945 (see Nuremberg principles ). Along with war crimes the charter also defined crimes against peace and crimes against humanity , which are often committed during wars and in concert with war crimes. Also known as
1464-698: The 1907 Hague Convention IV – The Laws and Customs of War on Land explicitly forbids belligerents to punish enemy spies without previous trial . The rule of war, also known as the Law of Armed Conflict , permits belligerents to engage in combat. A war crime occurs when superfluous injury or unnecessary suffering is inflicted upon an enemy. War crimes also include such acts as mistreatment of prisoners of war or civilians . War crimes are sometimes part of instances of mass murder and genocide though these crimes are more broadly covered under international humanitarian law described as crimes against humanity . In 2008,
1525-422: The 1971 murder of Bali's brother. The tribunal found Sayeedi guilty in 8 of the 20 charges, including mass killing, rape, arson, looting and force minority Hindus to convert to Islam during 1971. On 28 February 2013, the tribunal sentenced him to death by hanging for two charges among the eight committed during the Liberation War of Bangladesh in 1971. As per the verdict, Sayeedi was awarded capital punishment for
1586-695: The Blitz as well as the indiscriminate attacks on Allied cities with V-1 flying bombs and V-2 rockets , nor the Japanese for the aerial attacks on crowded Chinese cities. Controversy arose when the Allies re-designated German POWs (under the protection of the 1929 Geneva Convention on Prisoners of War ) as Disarmed Enemy Forces (allegedly unprotected by the 1929 Geneva Convention on Prisoners of War), many of which were then used for forced labor such as clearing minefields . By December 1945, six months after
1647-780: The British journalist Martin Bright released a documentary called Who Speaks For Muslims? It included Sayeedi and identified him as having extreme views. Sayeedi has a large following within the British Bangladeshi community. He was invited to speak at the East London Mosque on 14 July 2006; the then-secretary general of the Muslim Council of Britain , Muhammad Abdul Bari , supported his invitation. On 14 August 2023 at 8:40 PM, Sayeedi, aged 83, died at
1708-611: The Chamber Judge that Sayeedi had opposed the independence of Bangladesh in 1971. He argued that if Sayeedi was not barred from foreign travel, he might work against the government's efforts to bring justice for war crimes during that conflict. On 21 March 2010, Syed Rejaul Haque Chandpuri, secretary general of the Bangladesh Tarikat Federation , filed a case accusing Delwar Hossain Sayeedi and five other Jamaat leaders of hurting religious sentiments. He
1769-883: The Field (Lieber Code) was written by Franz Lieber , a German lawyer , political philosopher , and veteran of the Napoleonic Wars . Lincoln made the Code military law for all wartime conduct of the Union Army . It defined command responsibility for war crimes and crimes against humanity as well as stated the military responsibilities of the Union soldier fighting the Confederate States of America . The Geneva Conventions are four related treaties adopted and continuously expanded from 1864 to 1949 that represent
1830-554: The International Crimes Tribunal (ICT). Furthermore, Human Rights Watch said the proceedings of the trial fell short of international standards and urged a retrial. The Economist criticised the trial, stating that the presiding judge had resigned and Sayeedi's death sentence was handed down by three men who had not heard all the witnesses. On 17 September 2014, the Appellate Division of
1891-607: The International Crimes Tribunal allegedly by the Bangladesh Police . Human rights group believed it to be a case of forced disappearance . Later, Bali was handed over to India's Border Security Force . "The apparent abduction of a witness in a trial at the ICT is a cause for serious concern about the conduct of the prosecution, judges and government," said a spokesperson for Human Rights Watch. Bali had been expected to counter prosecution allegations about Sayeedi's involvement in
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1952-482: The Japanese attack on Pearl Harbor . As the attack on Pearl Harbor happened while the U.S. and Japan were at peace and without a just cause for self-defense, the attack was declared by the Tokyo Trials to go beyond justification of military necessity and therefore constituted a war crime. War crimes are significant in international humanitarian law because it is an area where international tribunals such as
2013-581: The Madhya Masimpur bus-stand to the Pakistan Army, and leading the Army there, where 20 unnamed people were killed by shooting; (b) abducting and killing of government officials (deputy magistrate – Saif Mizanur Rahman, sub-divisional police officer – Foyezur Rahman Ahmed, and sub-divisional officer – Abdur Razzak) of Pirojpur; (c) identifying and looting the houses and shops of people belonging to
2074-561: The Pakistan army for raping. Sultan Ahmed Howlader, the fourth prosecution witness in the trial, testified that, during the liberation war, Sayeedi and his associate Moshleuddin confined Bipod Shaha's daughter Vanu Shaha at Parerhat, Pirojpur district and regularly raped her. Another witness testified that Sayeedi had organised the Razakar militia, a paramilitary force that aided the Pakistan army at Pirojpur. The trial saw 28 witnesses for
2135-510: The Pirojpur senior judicial magistrate's court in Zianagar . The war crime trials of Sayeedi began on 20 November 2011 at the International Crimes Tribunal in Bangladesh. The tribunal charged him with twenty counts of crimes against humanity , including murder, rape and arson, during the liberation war. Some of the charges were (a) passing secret information on the gathering of people behind
2196-736: The Tokyo Trial, the Tokyo War Crimes Tribunal or simply as the Tribunal, it was convened on May 3, 1946, to try the leaders of the Empire of Japan for three types of crimes: "Class A" (crimes against peace), "Class B" (war crimes), and "Class C" (crimes against humanity), committed during World War II . On July 1, 2002, the International Criminal Court (ICC), a treaty-based court located in The Hague , came into being for
2257-566: The US. In July 2006, Sayeedi travelled to the UK to address rallies in London and Luton ; his entry was cleared by the foreign office . Many British MPs considered his admission to the country to be controversial. In leaked emails reported by The Times , an adviser, Eric Taylor, said that Sayeedi's "previous visits to the UK have been reportedly marred by violence caused by his supporters." On 13 July 2006,
2318-399: The United States, Israel, India, Pakistan, Iraq, Iran, and others. Accordingly, states retain different codes and values about wartime conduct. Some signatories have routinely violated the Geneva Conventions in a way that either uses the ambiguities of law or political maneuvering to sidestep the laws' formalities and principles. The first three conventions have been revised and expanded, with
2379-478: The attack should not be assigned any responsibility for the fact they were given the wrong target and that it is inappropriate to attempt to assign criminal responsibility for the incident to senior leaders because they were provided with wrong information by officials of another agency". The report also notes that "Much of the material submitted to the OTP consisted of reports that civilians had been killed, often inviting
2440-418: The conclusion to be drawn that crimes had therefore been committed. Collateral casualties to civilians and collateral damage to civilian objects can occur for a variety of reasons." The Rendulic Rule is a standard by which commanders are judged. German General Lothar Rendulic was charged for ordering extensive destruction of civilian buildings and lands while retreating from a suspected enemy attack in what
2501-641: The course of fighting. The United Nations defines war crimes as described in Article 8 of the Rome statute , the treaty that established the International Criminal Court: Under the law of armed conflict (LOAC), the death of non-combatants is not necessarily a violation; there are many things to take into account. Civilians cannot be made the object of an attack, but the death/injury of civilians while conducting an attack on
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2562-530: The first formal statements of the laws of war and war crimes in the nascent body of secular international law . The Lieber Code was written early in the American Civil War and President Abraham Lincoln issued as General Order 100 on April 24, 1863, just months after the military executions at Mankato, Minnesota . General Order 100, Instructions for the Government of the Armies of the United States in
2623-484: The fourth one added in 1949: Two Additional Protocols were adopted in 1977 with the third one added in 2005, completing and updating the Geneva Conventions: Just after WWI, world governments started to try and systematically create a code for how war crimes would be defined. Their first outline of a law was " Instructions for the Government of Armies of the United States in the Field" —also known as
2684-564: The killing of over 50 individuals, arson , rape, looting , and coercion of Hindus to convert to Islam. On 24 July 2009, immigration officials at Zia International Airport prevented Sayeedi from going abroad. He challenged the government's actions by filing a petition with the High Court on 27 July. The appeals court upheld the travel bar 12 August, hours after the High Court declared the government's refusal to allow him to board an overseas flight illegal. The Attorney General stated before
2745-476: The late 20th century and early 21st century, international courts extrapolated and defined additional categories of war crimes applicable to a civil war . In 1474, the first trial for a war crime was that of Peter von Hagenbach , realised by an ad hoc tribunal of the Holy Roman Empire , for his command responsibility for the actions of his soldiers, because "he, as a knight, was deemed to have
2806-406: The legal question of whether the expected incidental harm is excessive may be very subjective. For this reason, States have chosen to apply a "clearly excessive" standard for determining whether a criminal violation has occurred. When there is no justification for military action, such as civilians being made the object of attack, a proportionality analysis is unnecessary to conclude that the attack
2867-489: The necessities of war." For example, conducting an operation on an ammunition depot or a terrorist training camp would not be prohibited because a farmer is plowing a field in the area; the farmer is not the object of attack and the operations would adhere to proportionality and military necessity. On the other hand, an extraordinary military advantage would be necessary to justify an operation posing risks of collateral death or injury to thousands of civilians. In "grayer" cases
2928-411: The offenses as listed in charge numbers 8 and 10. The court refrained from passing any separate sentence of imprisonment for the offences listed in charge numbers 6, 7, 11, 14, 16 and 19 which it said had been proved beyond a reasonable doubt. At the same time, the accused was found not guilty to the offenses of crimes against humanity as listed in charge numbers 1, 2, 3, 4, 5, 9, 12, 13, 15, 17, 18, 20 and
2989-487: The organization neither endorsed the appeals for capital punishment in the case of Delwar Hossain Sayeedi, nor could it affirm that the trials aligned with global benchmarks for impartial legal proceedings. On 2 November 2011, Human Rights Watch released a statement urging the Bangladeshi government to address and investigate instances of intimidation and threats against defense lawyers and witnesses involved in cases at
3050-405: The prosecution and 16 for the defence. In addition, the tribunal received 16 witness statements given to the investigator after the prosecution argued that those witnesses were either dead, or that producing them before the tribunal would incur unreasonable delay or expenditure. On 5 November 2012, Sukhranjan Bali, a prosecution witness who instead testified as a defense witness was abducted outside
3111-539: The prosecution of war crimes committed on or after that date. Several nations, most notably the United States, China, Russia, and Israel, have criticized the court. The United States still participates as an observer. Article 12 of the Rome Statute provides jurisdiction over the citizens of non-contracting states if they are accused of committing crimes in the territory of one of the state parties. The ICC only has jurisdiction over these crimes when they are "part of
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#17327753324023172-536: The time and lived in the New Market area of Jessore . Sayeedi and his family, then fled Jessore looking for safety and stayed at the house of a pir for about two weeks from around 1 April 1971. After that, the Sayeedi family took refuge in another village, Mohiron, under Bagharpara in Jessore at the house of Roushan Ali. He joined Bangladesh Jamaat-e-Islami in 1979. He became a Rukon of Jamaat in 1982 and
3233-417: The war had ended, it was estimated by French authorities that 2,000 German prisoners were still being killed or maimed each month in mine-clearing accidents. The wording of the 1949 Third Geneva Convention was intentionally altered from that of the 1929 convention so that soldiers who "fall into the power" following surrender or mass capitulation of an enemy are now protected as well as those taken prisoner in
3294-472: The war. By afternoon on the day of the primary verdict, clashes had erupted across Bangladesh between Islamic activists and police forces. An estimated 100 protesters died countrywide in a series of protests and crackdowns subsequently. According to the BBC , it marked "The worst day of political violence in Bangladesh in decades". The Amnesty International released a statement on Sayeedi's trial. They noted that
3355-563: The winners (" Victor's justice "), as some controversies have not been ruled as war crimes. Some examples include the Allies ' destruction of Axis cities during World War II , such as the firebombing of Dresden , the Operation Meetinghouse raid on Tokyo (the most destructive single bombing raid in history), and the atomic bombings of Hiroshima and Nagasaki . In regard to the strategic bombing during World War II , there
3416-546: Was acquitted from the said charges. The defendant's lawyers boycotted the trial and have said that the charges against Sayeedi and others were politically motivated. Various groups including BNP and Jamaat questioned the legitimacy of the tribunal and conviction. His defence at the trial argued that this was a case of mistaken identity saying that the original perpetrator was a man named Delwar Hossain Shikdar, who had been apprehended and executed by freedom fighters after
3477-524: Was acquitted of that charge. Under the "Rendulic Rule" persons must assess the military necessity of an action based on the information available to them at that time; they cannot be judged based on information that subsequently comes to light. Muktijoddha Sangsad Muktijoddha Sangsad a non-political welfare association of the combatants during the Bangladesh Liberation War formed on 13 February 1972. The organisation has
3538-602: Was built by his father. Sayeedi attended the Sarsina Alia Madrasah in 1962, followed by the Khulna Alia Madrasah. He was accused of, and later convicted of, committing arson, sexual violence and murder during the Bangladesh Liberation War in 1971. Critics point out that no DNA testing was conducted and some locals denied that he was involved. His family claims that he was not in Pirojpur at
3599-619: Was formed on 13 February 1972, to preserve the memories of the Bangladesh Liberation war and look after the welfare of former Members of the Mukti Bahini. The aim of the organization is to find out living freedom fighters and give them national recognition. It formed the Muktijodda Kalyan Trust was formed to look after the welfare of Mukti Bahini members. It worked to ensure that they were able to access
3660-402: Was no international treaty or instrument protecting a civilian population specifically from attack by aircraft, therefore the aerial attacks on civilians were not officially war crimes. The Allies at the trials in Nuremberg and Tokyo never prosecuted the Germans, including Luftwaffe commander-in-chief Hermann Göring , for the bombing raids on Warsaw , Rotterdam , and British cities during
3721-435: Was subsequently arrested. On 12 August 2009, Manik Poshari filed a war crime case in Pirojpur against Delwar Hossain Sayeedi and four others. His accusations dated to events during the 1971 Bangladeshi war of independence. Mahbubul Alam Howladar, a former freedom fighter, and now a member and deputy commander of the freedom fighters association called Zianagor upazila Muktijoddha Sangsad , filed charges against Sayeedi with
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