Mr. Mustakim Md RAHMAN

Research Student

Working toward a PhD in Laws, expected 2024

Mr. Mustakim Rahman is a PhD researcher in the Law Department at the Chinese University of Hong Kong. Prior to pursuing his doctoral studies, he served as an assistant professor and lecturer at Notre Dame University Bangladesh from 2016 to 2020. In 2019, he was honoured with the Marburg International Doctorate Travel Scholarship and the CICOPS Research Fellowship, which provided him with opportunities to collaborate with esteemed academics at the Philipps University of Marburg, Germany, and the University of Pavia, Italy. Before joining Notre Dame University, Mr. Rahman worked as a research assistant at the Bangladesh Institute of Law and International Affairs. He holds LL.M. (Public International Law, 2014) and LL.B. (Hons, 2012) degrees from Nottingham Trent University, UK, and a Foundation Degree in Arts (2010) from New College Nottingham, where he received the Best International Student Award. During his studies in England, he worked as a General Adviser at the Nottingham and Nottinghamshire Refugee Forum (NNRF).

THESIS TOPIC

Towards an Analytical Framework for Prosecuting Temporally Distant Atrocity Crimes: Equitable Justice for Old Offences in Light of New Realties, co-supervised by Professors Gregory GORDON and Ryan MITCHELL.

RESEARCH INTERESTS AND AIMS
  • International criminal law
  • Public international law
  • International human rights law

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 that 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 applying 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 offences charged are only quasi-international (or are domestic crimes arising out of the same nucleus of operative facts as international crimes), should those offences 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.

Working Papers and Publications
  • Mustakimur Rahman, “Prosecution of Suspects of Atrocity Crimes Committed During the Liberation War of Bangladesh Through the ‘Functional Participation’ Theory Derived from the Demjanjuk Case in Munich,” Journal of International Criminal Law, IRAN, Vol 4, No 2 (2023), DOI: 10.22034/JICL.2023.185357.
  • Mustakimur Rahman, “Has the International Crimes Tribunal Bangladesh (ICT-BD) assisted to Reconcile Society?,” Acta Universitatis Danubius. Juridica, ROMANIA, Vol 19, No 2(2023), ISSN: 1844-8062.
  • Darryl Robinson, Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law, Cambridge University Press, Cambridge: 2020, pp. 326, Polish Yearbook of International Law, POLAND. Vol XLI (2021). DOI: 10.24425/PYIL.2022. [Book Review].
  • A contributor to the book titled “Equality of Opportunity for Sexual and Gender Minorities” Edited by Christian De la Medina Soto, Clifton Cortez, and John Arzinos. This book was published in 2021 by the World Bank. See: https://www.worldbank.org/en/publication/equality-of-opportunity-for-sexual-and-gender-minorities.
  • Mustakimur Rahman and Mohsina Hossain Tushi, “An Assessment of the ‘Lawfulness’ of Use of Force as a Dispute Settlement Method” Brawijaya Law Journal: Journal of Legal Studies, INDONESIA. Vol 6, No 1, (2019), P-ISSN: 2356-4512, E-ISSN: 2503-0841. DOI: https://doi.org/10.21776/ub.blj.2019.006.01.03.
  • Mustakimur Rahman, “Appointment and Removal of the High Court Judges of Bangladesh: A Comparative Study with India and Pakistan”, Bankura University, India. In Associations with Indian Council of Social Science Research [ICSSR], New Delhi, INDIA (2018).
  • Mustakimur Rahman, “Fundamental Rights in Times of Emergency: Ataur Rahman Vs Muhibur Rahman” Brawijaya Law Journal: Journal of Legal Studies, INDONESIA, Vol 5, No 1, (2018), P-ISSN: 2356-4512, E-ISSN: 2503-0841. DOI: http://dx.doi.org/10.21776/ub.blj.2018.005.01.04.
  • Mustakimur Rahman, Victor Paul, Sandra Joseph, George Thadalthil and Senevithna Mahakam, “Schooling in the Slums of India, Sri Lanka, Bangladesh”, International Federation of Catholic Universities [IFCU], FRANCE (2018).
  • Mustakimur Rahman, “Existing Paradox in the Nationality Status of Biharis in Bangladesh: An Appraisal”, International Journal of Law and Policy Review (IJLPR), INDIA, Vol. 6, No: 1 (2017), ISSN (O): 2278-3156.
  • Mustakimur Rahman & Mohsina Hossain, “Transnational Crime in South and South-East Asia: A Route of Labour Trafficking from Bangladesh to Malaysia”, Journal of the Judicial Administration Training Institute (JATI), BANGLADESH, Vol. XVI (2016) ISSN: 2220-6752.
  • Mustakimur Rahman, “Nuremberg Tribunal to the International Crimes Tribunal Bangladesh: A Critical Exploration of the ICT-BD”, Journal of Centre for Criminal Law and Justice, Nirma University, INDIA (2016).
  • Mustakimur Rahman, “‘Marital Rape’ in Marriage: The Need for Reform in Bangladesh”, Bangladesh Journal of Law (BJL), Bangladesh Institute of Law and International Affairs (BILIA), Vol. 15, Nos. 1 & 2 (2015) BANGLADESH, ISSN: 1609-3593.
    Papers Delivered
    • “The Alternative Mechanisms Applied to Deal with The Suspects of International Crimes: Cases of Rwanda and Uganda”, Notre Dame University of Bangladesh (Zoom Presentation), August 2021.
    • “A New Paradigm for Temporally Distant International Crimes? Circumstantial Evidence Model”, 14th Annual McGill Law Graduate Conference (Zoom Presentation), May 2021.
    • “Legal Responsibility of Citizens in Times of the Corona Pandemic: A Bangladesh Perspective”, Indian Society for Legal Research [ISLR] INDIA (Zoom Presentation), August 2020.
    • “Transitional Justice Trials in Bangladesh and East Timor: A Comparative Study Between Domestic and Hybrid Tribunal”, University of Pavia, ITALY, May 2019.
    • “Transitional Justice Trial in Bangladesh: A Comparative Study with East Timor & Cambodia”, University of Marburg, GERMANY, February 2019.
    • “Budgetary Allocation for the Ministry of Law, Justice and Parliamentary Affairs”, Bangladesh Institute of Law and International Affairs, BANGLADESH, June 2018.
    • “Forgotten Bihari Youth in Bangladesh and Their Education”, Notre Dame University Bangladesh, BANGLADESH, February 2018.
    • “Appointment and Removal of the High Court Judges of Bangladesh: A Comparative Study with India and Pakistan”, Department of Law, Bankura University, West Bengal, INDIA, January 2018.
    • “A Comparative Budgetary Study of Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Fisheries and Animal Resources”, Bangladesh Institute of Law and International Affairs [BILIA], BANGLADESH, May 2016.
    • “Transnational Crime in South and South-East Asia: A Route of Labor Trafficking from Bangladesh to Malaysia”, Charles Darwin University, AUSTRALIA, (presented through Skype), March 2016.
      EDUCATION AND AWARDS

      Education

      • LLM in Public International Law, Nottingham Trent University, UK, 2014.
      • Bachelor of Laws (LLB), Nottingham Trent University, UK, 2012.
      • Foundation Degree in Arts, New College Nottingham, UK, 2010.

        Awards

        • CICOPS Fellowship Award, University of Pavia, Italy, 2018/19.
        • MID-C Travel Allowance Scholarship, Philipps-Universität Marburg, Germany, 2018.
        • International Student Scholarship, Nottingham Trent University, United Kingdom, 2012.
        • International Student Scholarship, Nottingham Trent University, United Kingdom, 2010.
        • Best International Student Award, New College Nottingham, United Kingdom, 2010.