Conflict of Interest Surrounding Chief Prosecutor of International Crimes Tribunal: Whose Side Is He On—War Criminals or the State?

Staff Reporter

In an unprecedented development in Bangladesh’s legal arena, questions have been raised regarding the Chief Prosecutor of the International Crimes Tribunal (ICT), Mohammad Tajul Islam, due to his alleged conflict of interest in the review petition hearing of ATM Azharul Islam, a convicted war criminal and leader of Jamaat-e-Islami, who was sentenced to death for crimes against humanity. The controversy stems from Tajul Islam’s previous role as a defense lawyer for Azharul Islam in the same case.

On February 23, 2025, a three-member bench of the Appellate Division, led by Senior Justice Md. Ashfaqul Islam, scheduled the hearing of Azharul Islam’s review petition for February 25. The review petition was initially brought to light by Chief Prosecutor Tajul Islam. However, his involvement has been questioned because he previously represented Azharul Islam as a defense lawyer at the beginning of the case.

Tajul Islam was appointed as the Chief Prosecutor of the ICT on September 5 by the interim government. Since his appointment, allegations of a conflict of interest have surfaced, given his prior role as a defense lawyer in the same case. Several Supreme Court lawyers have expressed concerns over this matter.

Senior Supreme Court lawyer Shahdeen Malik stated, “A lawyer cannot switch sides in a case. If a lawyer has previously represented one party, representing the opposing party later is a violation of professional ethics.” He added, “In sensitive cases like those at the International Crimes Tribunal, greater caution should have been exercised.”

The Bangladesh Bar Council regulates the professional conduct and ethics of lawyers. According to Chapter 2, Section 2 of the Bar Council’s Professional Conduct and Etiquette Rules, “If a lawyer possesses confidential information about a case, they cannot represent the opposing party in that case.”

This raises the question: Has Tajul Islam violated professional ethics and etiquette by participating in the review petition hearing of Azharul Islam while serving as Chief Prosecutor? Many lawyers have demanded that the Bar Council investigate this matter.

This incident has sparked a new debate within Bangladesh’s judiciary, with experts emphasizing the need for greater caution in enforcing professional conduct and ethical rules for lawyers in the future.

Background on Tajul Islam:
Questions have also been raised about the qualifications and impartiality of judges and prosecutors at the International Crimes Tribunal. Tajul Islam’s legal career includes working alongside Barrister Abdur Razzaq, a former assistant secretary-general of Jamaat-e-Islami. On August 1, 2013, the High Court canceled Jamaat-e-Islami’s registration and declared it ineligible for elections.

In 2019, reformists within Jamaat formed a new platform called “Jonokanthar Bangladesh.” A year later, in 2020, they announced the formation of the “AB (Amar Bangladesh)” party, with Tajul Islam elected as its joint convener. After being appointed Chief Prosecutor of the ICT, Tajul Islam resigned from his position in the party.

Notably, the Chief Prosecutor acts as the plaintiff in cases at the International Crimes Tribunal. Therefore, even if Tajul Islam does not formally participate in Azharul’s review hearing, he is automatically the plaintiff in this case. In other words, for cases at the ICT where he previously represented the defense, he is now the lead prosecutor for the plaintiff after his appointment as Chief Prosecutor.