Young enthusiasts discussed ‘International Law, Justice, and Research’ with Prof M Rafiqul Islam at CSGJ

In an otherwise sultry noon, a good crowd of young researchers and students from several universities gathered to discuss 'International Law, Justice, and Research' with Prof M Rafiqul Islam at the Center for the Study of Genocide and Justice (CSGJ), Liberation War Museum on 7 June 2023. Prof Islam is an Emeritus Professor of Law at Macquarie University, Australia.
After applauding the work and development of the Liberation War Museum, Prof Islam began the discussion by enunciating that "International Law is in crisis." While unfolding many parts of international law, he stated that international law is mostly Eurocentric. Referring to the Treaty of Peace of Westphalia of 1648, he said that international law was engineered and developed to represent and reflect the strategic interest of Europe. Due to being colonies, we were not regarded as subjects and personalities of international law. In consequence, our values, expectations, traditions, and interests were not reflected anywhere in what we know as 'international law' today. This made the attendees understand that this is now our responsibility to make international law more inclusive and universal.
Prof Islam criticised the present form of international law stipulating, that the international legal system does not have a judiciary. The ICJ is not a judiciary of international law, but an organ of the United Nations that is politically dominated. "This eurocentric monocultural legal system is thus profoundly incapable of meeting the needs of the present multiracial, rural international community," he regretted. He thus urged to address this drawback and suggested that third-world countries be participatory in international law to bring substantial changes.
Besides, genocide is another issue that he believed has not been sufficiently researched nationally and internationally. Even though the mental element of criminal intent in genocide is quite difficult to establish in the courts, he, however, believed Bangladesh is an exception as the charges of the 1971 atrocities clearly amount to the crime of genocide. In line with that, the national trials of international crimes in Bangladesh have a legacy in international criminal law.
To counter the present negative waves of international law, he believed the way out is twofold – the judiciary should establish, and the academics and researchers must carry out extensive analysis to highlight important facts of the 1971 genocide in Bangladesh. Referring to the cases of the Nuremberg trial and the ICJ genocide cases/ICTY, he appealed to the international community to recognise the 1971 genocide of Bangladesh.
He also drew attention to the future of international law research in Bangladesh. Law graduates have to be equipped with international knowledge by incorporating contemporary global issues in their studies, and teaching manuals must be revised biannually as the frontiers of international law are constantly expanding.
Emraan Azad, Coordinator of the CSGJ, convened the discussion session, which had begun with reading a biography of Prof Islam; while Mofidul Hoque, Director of the CSGJ, proposed his vote of thanks. In the end, Prof Islam donated a copy of the international edition of his book titled 'National Trials of International Crimes in Bangladesh: Transitional Justice as Reflected in Judgments' (Brill/Martinus Nijhoff, Leiden/Boston, 2019) to the library of Liberation War Museum.
The event was covered by Tabassum Niger Oishi, Research Assistant, CSGJ, Liberation War Museum.
Comments