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Guilty Verdict of Bangladesh War Crimes Tribunal on Abdul Quader Molla

Guilty Verdict of Bangladesh War Crimes Tribunal on Abdul Quader Molla

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Published by Tarek Fatah
Abdul Quader Molla was found guilty for his role in the 1971 genocide of Bengali people by the Pakistan Army. The full verdict contains this paragraph:
“The extermination of the Jewish people by the Nazi regime, the atomic crime of Hiroshima and Nagasaki, the massacre of Biafra, the napalm of Vietnam, all the great genocides of humanity have found a new equivalent: East Pakistan."
Abdul Quader Molla was found guilty for his role in the 1971 genocide of Bengali people by the Pakistan Army. The full verdict contains this paragraph:
“The extermination of the Jewish people by the Nazi regime, the atomic crime of Hiroshima and Nagasaki, the massacre of Biafra, the napalm of Vietnam, all the great genocides of humanity have found a new equivalent: East Pakistan."

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Published by: Tarek Fatah on Feb 10, 2013
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06/03/2015

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this question, and it summarily considers existing case law on whether or

not the perpetrator of crimes against humanity must have knowledge of

the context within which the acts are committed. [Prosecutor v. Tadic,

Case No. IT-94-1-T, opinion and judgment, 7 May 1997, para 657]. The

mens rea of the offences was not considered, most likely because Dusko

Tadic offered an alibi defence, which does not raise questions about

intent, and simply denies that the accused was present or involved when

the crime was committed. In the case before us, the accused has taken a

plea of alibi contending that at the relevant time even during the entire

period of war of liberation in 1971 the accused was not in Dhaka and had

been staying at his native village Amirabad, Fairdpur which is far from

the Dhaka city. Thus, significance of proving mens rea loses relevance,

as an element.

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