Prosecuting wartime sexual violence crimes under the 1973 Act (Bangladesh)

Section 3(2)(a) of the International Crimes (Tribunals) Act of 1973 lists rape, enslavement, torture and other inhumane acts (which might be considered as sexual violence crimes too) as “crime against humanity.” The 1973 Act does not, however, mention rape or sexual violences in its list of “war crimes” contained in section 3(2)(d), but does leave room for the crime to be so included. Further, since, the definition of genocide as provided under the 1973 Act is similar to Article 2 of the Genocide Convention and Article 6 of the Rome Statute, rape and other sexual violence crimes may well constitute as genocide under the 1973 Act too.