Mr. Mustakim Rahman is a PhD candidate at Faculty of Law, The Chinese University of Hong Kong. Prior to beginning his doctoral studies, from 2016 through 2020, he worked as a Lecturer in the Department of Law at Notre Dame University Bangladesh. In 2019, he was awarded a CICOPS Research Fellowship, which took him to the University of Pavia, Italy to work with Professor Cristina Campiglio analysing the relationship between the domestic/hybrid international crimes courts in Bangladesh and East Timor. Prior to his work for Notre Dame University, he served as a Research Assistant for Professor Shahdeen Malik, Director (former) of the Bangladesh Institute of Law and International Affairs from January 2015 to April 2016. Mr. Rahman holds LL.M (Public International Law, 2014) and LL.B (Hons, 2012) degrees from Nottingham Trent University, UK. He also earned a Foundation Degree in Arts (2010) from New College Nottingham, where he was the winner of the Best International Student Award. During his studies in England, he worked as a General Adviser at the Nottingham and Nottinghamshire Refugee Forum (NNRF).
I am interested in international criminal law and procedure, including topics touching on the normative and architectural aspects of local, hybrid and transnational tribunals. With my thesis, I plan to investigate the range of empirical circumstances giving rise to tribunals adjudicating international crimes, or related crimes, which are several decades old, such as those in Bangladesh, Cambodia, and Senegal. What are the social, legal, and political factors giving rise to such institutions? In light of those factors, and given the long temporal gap between crime commission and prosecution, what normative and policy considerations should be considered in applying, or not, statutory limitations? Should procedural fairness trump the fight against the culture of impunity when too much time has lapsed? If so, what underlies the procedural fairness calculus vis-à-vis the age of the case? To the extent the offenses charged are only quasi-international in nature (or are domestic crimes arising out of the same nucleus of operative facts as international crimes), should those offenses be treated differently? The 1968 Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity gives us some insights into these questions. But that treaty has been underexamined and its scope is limited. My thesis seeks to provide a global framework that can be consulted to analyze the more marginal cases and the non-core crimes.