3. ¹[(1) A Tribunal shall have the power to try and punish any individual or group of individuals, ²[or organisation,] or any member of ³[any disciplined force, auxiliary force or intelligence agency, who, irrespective of his nationality, commits or has committed, within or beyond the territory of Bangladesh], whether before or after the commencement of this Act, any of the crimes mentioned in sub-section (2).]

(2) The following acts or any of them are crimes within the jurisdiction of a Tribunal for which there shall be individual responsibility, namely:-

⁴[(a) Crimes against Humanity: namely, murder, extermination, enslavement, deportation or forcible transfer of population, imprisonment, abduction, confinement, torture, rape, sexual exploitation, enforced disappearance, human trafficking, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or other inhumane acts when committed as part of a widespread or systematic attack directed against any civilian population with knowledge of the attack or persecutions on political, racial, ethnic or religious grounds, whether or not in violation of the domestic law of the country where perpetrated;

“Explanation:—For the purposes of defining the terms “attack”, “persecution” “enforced disappearance”, “sexual slavery”, “enforced prostitution”, “forced pregnancy”, “enforced sterilization” a Tribunal shall apply the definitions set out in Article 7(2) of the Rome Statute of the International Criminal Court, which Bangladesh has ratified on 23 march, 2010;]

(b) Crimes against Peace: namely, planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;

(c) Genocide: meaning and including any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial ⁵[or religious group], such as:

(i) killing members of the group;

(ii) causing serious bodily or mental harm to members of the group;

(iii) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(iv) imposing measures intended to prevent births within the group;

(v) forcibly transferring children of the group to another group;

(d) War Crimes: namely, violation of laws or customs of war which include but are not limited to murder, ill-treatment or deportation to slave labour or for any other purpose of civilian population in the territory of Bangladesh; murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages and detenues, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity;

(e) violation of any humanitarian rules applicable in armed conflicts laid down in the Geneva Conventions of 1949;

(f) any other crimes under international law;

(g) attempt, abetment ⁶[, conspiracy or incitement] to commit any such crimes;

(h) complicity in or failure to prevent commission of any such crimes.

⁷[(3) For the purpose of determining liability under sub-section (2), a Tribunal shall have regard to the Elements of Crime of the International Criminal Court (ICC), as adopted pursuant to Article 9 of the Rome Statute of the International Criminal Court, to the extent that they are not inconsistent with the provisions of this Act.]