In July 2010, the tribunal issued its first arrest warrants against four leaders of the Islamist group, Jamaat-e-Islami, which is suspected of having collaborated with Pakistani forces during the war. The accused – Jamaat leader Motiur Rahman Nizami, his deputy, Ali Ahsan Mohammad Mujahid, and two other senior leaders, Muhammad Kamaruzzaman and Abdul Quader Mollah – face charges of crimes against humanity, crimes against peace and genocide [BBC | 26 Jul 2010]. The accused appeared before the tribunal on 2 August 2010 [Jurist | 26 Jul 2010]. 

In August 2010, Kamaruzzaman and Mollah petitioned the High Court to revoke the first amendment to the constitution, which enabled the establishment of the tribunal. They also sought a repeal of some sections of the International Crimes (Tribunal) Act, which they argued are inconsistent with the constitution [BD News 24 | 16 Aug 2010]. The petition was rejected by the High Court on 23 August 2010.

On 15 March 2011, the tribunal asked the authorities to bring before it five detained Jamaat-e-Islami leaders, including Nizami, and summoned the prosecution to submit progress reports on the investigation by 20 April 2011 [Eurasia Review | 22 Mar 2011]. On 5 April 2011, the tribunal authorised the investigation agency to begin the interrogation of Motiur Rahman Nizami [Daily Star | 5 Apr 2011].

On 10 August 2010, a production warrant was issued against another Jamaat-e-Islami leader, Delwar Hossain Sayedee. In February 2011, the tribunal instructed the detention authorities to bring Sayedee before it on 15 March 2011 in connection with war crime charges [Daily Star | 20 Feb 2011].

In November 2010, the tribunal amended its rules of procedure to stipulate that anyone being investigated for crimes against humanity will be considered an accused in order to facilitate their detention. Previously, a person was considered an accused only if formal charges were submitted to the tribunal [Zee News | 2 Nov 2010].

In December 2010, an arrest warrant was issued against a senior Bangladesh Nationalist Party (BNP) leader, Salauddin Quader Chowdhury. Accused of crimes against humanity committed during the 1971 war, Chowdhury was arrested on 16 December 2010 [Daily Star | 19 Dec 2010].

In January 2011, the investigation agency announced that enough evidence of war crimes against yet another Jamaat-e-Islami leader, Ghulam Azam, had been found, and that an arrest warrant would be issued [BD News | 29 Jan 2011]. Azam is suspected of having been involved in the genocide, rape and torture of civilians in Rajshahi [Daily Star | 6 Mar 2011].

On 23 March 2011, an arrest warrant for former BNP lawmaker Abdul Alim was issued. Alim is suspected of having been involved in the killing of more than 10,000 people with the assistance of the Pakistani occupation forces [Daily Star | 27 Mar 2011]. Alim was released on bail on 1 April 2011 [Daily Star | 1 Apr 2011].

On 25 March 2011, the tribunal announced further changes to its rules of procedure to ensure a fair trial for the accused. It also stated that it is considering setting up a witness protection programme [Daily Star | 25 March 2011]. 

According to the Bangladeshi government’s estimates, 1,600 people took part in the atrocities committed in the 1971 war. Fifty suspects, the majority of whom are members of Jamaat-e-Islami, have been prohibited to leave the country pending investigations [Human Rights Brief | 2010].

Despite the tribunal’s accomplishments, serious concerns have been raised, particularly regarding its statute and rules of procedure, which contain several provisions that are contrary to international law and international fair trial standards [Crimes of War | 2010]. Criticism has also been directed at Article 47(3) of the Bangladesh constitution, which provides that any law or provision that charges members of the armed or auxiliary forces with genocide, crimes against humanity, war crimes or other international crimes cannot be challenged as void or unlawful. According to critics, Article 47(3) has the “effect of withdrawing constitutional rights from a particular group of people within Bangladesh society” and violates the right to a fair trial and equality before the law [9 Bedford Row | 2010]. Furthermore, civil society has expressed concern regarding the application of Section 21(2) of the Tribunal Act, which allows for the death penalty to be imposed [HRW | 2009].