Author
Mr Fahim Abrar Abid
Organisation/Institution
University of Glasgow
Country
BANGLADESH
Panel
International Law
Title
Breaking the Monolith: Incorporating Epistemically Diverse Perspectives in International Criminal Law
Abstract
The development of international criminal law predominantly reflects European perspectives, with European values and legal frameworks often regarded as the default standard. On multiple occasions, the focus has been directed towards World War I (WWI) and World War II (WWII), emphasising the contributions of Western nations while downplaying the involvement of Asian countries. Since WWI, some Asian countries have actively contributed to the development of international criminal law. However, this involvement is often overlooked or under-represented. There is a significant deficiency in scholarly discourse concerning Japan's involvement in the Commission on War Responsibility in 1919 as well as the impact of the Tokyo Tribunal—particularly in relation to Justice Radhabinod Pal's dissenting opinion. Furthermore, hybrid tribunals, such as the Extraordinary Chambers in the Courts of Cambodia (ECCC), alongside purely domestic tribunals like the International Crimes Tribunals (ICTB), significantly contribute to the development of international criminal law. Overall, the paper discusses how several Asian countries – while some powerful Asian states remain outside of the International Criminal Court- actively participate in the ICC and apply the principles of international criminal law within their domestic frameworks, thereby contributing to the development and conceptualisation of international criminal law.
Biography
Fahim Abrar Abid is a Public International Lawyer from Bangladesh. He is the Founder of the Bangladesh Society of International Law and an Erasmus Mundus Scholar of International Law of Global Security, Peace and Development at the University of Glasgow (UK), IBEI - Barcelona (Spain) and the University of Tartu (Estonia) — specialising in human rights. Fahim has authored 10+ articles and book chapters published in Journal of Conflict and Security Law (Oxford University Press), Harvard International Law Journal, Cambridge International Law Journal, Asian Yearbook of Human Rights and Humanitarian (Brill), Routledge, Springer and Sage, with forthcoming publications in the European Yearbook on Human Rights, the Asian Journal of International Law (Cambridge University Press) and Bloomsbury. As a practitioner, he has provided Expert Opinion in 15+ cases before the UK Immigration & Asylum Tribunals and the US Immigration and Citizenship Services. He is the Managing Editor of the Bangladesh Blog of International Law, a Rapporteur of Oxford International Organizations, the Country Contributor (Spain) for the Oxford Yearbook of International Environmental Law, a Board Member of Poliscope Institute Think Tank, and an Editor of the University of Tartu Journal of International Law and Human Rights. Previously, he worked as the Coordinator of the Bangladesh Campaign at Global Human Rights Defence (Netherlands), and in academic roles at the Global Campus of Human Rights (Italy), University of Colombo (Sri Lanka), and Open Society University Network (USA). Graduated with High Distinction from BRAC University (Bangladesh), Fahim has received diplomas in international law, critical theory, and conflict-related sexual violence from LMU Munich (Germany), Birkbeck (UK), and Tilburg (the Netherlands). Fahim is currently co-editing a Springer volume, "Bangladesh, International Law, and Security in post-July 2024."
