There is a serious dissimilarity between the amended International Crimes (Tribunal) Act 1973 and the constitution. According to Article 47 (3) of the constitution of Bangladesh :
‘Notwithstanding anything contained in this Constitution, no law nor any provision thereof providing for detention, prosecution or punishment of any person, who is a member of any armed or defence or auxiliary forces or who is a prisoner of war, for genocide, crimes against humanity or war crimes and other crimes under international law shall be deemed void or unlawful, or ever to have become void or unlawful, on the ground that such law or provision of any such law is inconsistent with, or repugnant to any of the provisions of this Constitution.’
A new provision inserted into the 2009 amendment to the ICT Act for trying ‘any individual or group of individuals’ no matter whether the person was a member of the auxiliary forces of Pakistani occupation army or not. But according to the constitution, only members of any armed or defence or auxiliary forces or prisoners of war can be tried under the special law for committing genocide, crimes against humanity or war crimes.
Any individual or group of individuals can be tried, if amending the constitution to validate the ICT act immediately.