Bangladesh War Crimes Tribunal first day of charging process

The first day of the process known as framing of the charges at the Bangladesh War Crimes tribunal has ended in the Sayedee case. One of the Judges believes that the ICTY has no requirement for the prosecution to prove a widespread or systematic attack as an element of the offence of crimes against humanity. Has the Judge read the Tadic jurisdiction argument and any of the judgments in all the trials held since?
For a full account of the first days hearing see David Bergman's blog http://bangladeshwarcrimes.blogspot.com/2011/09/4-sep-2011-charge-framing-petition.html?m=1