The recent sentencing of former Prime Minister Sheikh Hasina to death by the International Crimes Tribunal-Bangladesh (ICT-BD) on November 17, 2025, represents a dramatic and historically unprecedented moment in the domestic transitional justice system. The tribunal convicted her of crimes against humanity for her role as the ‘mastermind and principal architect’ by initially giving an incitement order and her specific failure to take preventive and punitive measures, which resulted in the deaths of up to 1,400 people.
The verdict, issued following a months-long trial, was delivered in absentia as Hasina remains in exile in India. Alongside her, the former Home Minister, Asaduzzaman Khan Kamal, was also convicted of crimes against humanity and sentenced to death in absentia. In contrast, the third co-accused, former Inspector General of Police (IGP) Chowdhury Abdullah Al-Mamun, was also found guilty but received a five-year prison sentence. The tribunal noted that Mamun’s presence for the verdict, along with his guilty plea, influenced the court to issue a lenient sentence. This differentiation in sentencing highlights the tribunal’s attempt to apply distinct levels of individual criminal responsibility based on each accused’s role and legal conduct, such as Al-Mamun becoming an approver in the case helped the prosecution strengthen the case.
However, this pursuit of justice is immediately entangled in profound legitimacy questions. Hasina and her now-banned Awami League party have vehemently rejected the process, labeling the tribunal a ‘kangaroo court’ and a ‘politically motivated charade’. The foundation of this prosecution rests on the International Crimes (Tribunals) Act, 1973, a domestic law that grants the ICT-BD jurisdiction over genocide, war crimes, and crimes against humanity. While the tribunal was originally established to prosecute historical atrocities from the 1971 Liberation War, its application to the 2024 political violence establishes a significant domestic legal precedent for holding former Heads of Government accountable for systematic human rights abuses committed while in office. The jurisdiction of the tribunal to prosecute this case lies within section 3 of this Act. To ensure the legitimacy of the charges, the ICT Act defines Crimes Against Humanity in alignment with global standards, stating that the tribunal “shall apply the definitions set out in Article 7(2) of the Rome Statute of the International Criminal Court”. This statutory alignment demonstrates the tribunal’s adherence to the substantive definitions recognised under international law. The court successfully established that the elements constituting CAH: murder, extermination, torture, and other inhumane acts were fulfilled by demonstrating that the violence was a widespread or systematic attack directed against any civilian population. The tribunal found that Hasina authorized the use of specialized, lethal military hardware, including ‘drones, helicopters and lethal weapons’, which was critical in establishing a high degree of state calculation and coordination, thereby confirming the systematic nature of the policy of extermination and linking it directly to her being the chain of command. The tribunal was also satisfied that the audiotape of her direction to use lethal weapons was genuine, and not fake or fabricated by using AI.
The most controversial element of the proceedings is the issuance of a death sentence following a trial conducted entirely in the absence of the primary accused. International law, particularly the International Covenant on Civil and Political Rights (ICCPR), generally prohibits trials in absentia, especially for capital cases as it goes against the principle of natural justice audi alterem partem (hear the other side).
However, the legal basis for the ICT-BD’s procedure rests on Bangladesh’s specific reservation to Article 14(3)(d) of the ICCPR. This reservation permits trials to be held in the absence of the accused if they are deemed a ‘fugitive offender’. Hasina, having fled to India and defied court orders to return despite the issuance of warrant and even notice published in newspapers to appear before the tribunal to contest, was declared a fugitive, which provided the necessary domestic legal cover for the tribunal to proceed. The court itself noted that the abscondence of Hasina and Kamal, despite multiple notices, could be seen as an admission of their guilt.
Following the verdict, the judgment is not immediately final. The standard legal procedure in Bangladesh provides that the convicted persons have the right to appeal the judgment to the Appellate Division of the Supreme Court of Bangladesh. After exhausting the appeal process, the final recourse available is to seek a presidential pardon.
However, the execution of the sentence is entirely contingent upon Sheikh Hasina’s capture and bringing her back to the country. Scholars opined that the imposition of the death penalty significantly strengthens Sheikh Hasina’s position for obtaining continued protection or political asylum in India. The interim government has formally requested her extradition from India, citing the 2013 India-Bangladesh Extradition Treaty and the ICT-BD’s arrest warrants. India, while technically obligated under the treaty, has legal grounds to refuse the request, citing the possibility that the accusation was not made in good faith in the interests of justice or that the prosecution is intrinsically political. This creates a major geopolitical tension in South Asia. Ultimately the decision seems to be more of a political than legal one.
References
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17. Extradition of Sheikh Hasina: Legal Challenges and India’s Diplomatic Dilemma – Vajiram & Ravi, https://vajiramandravi.com/current-affairs/extradition-of-sheikh-hasina/
18. Bangladesh Tribunal Indicts Ousted Prime Minister Hasina Over Deaths of Protesters, https://www.ictj.org/latest-news/bangladesh-tribunal-indicts-ousted-prime-minister-hasina-over-death
Aparajita Debnath, Advocate, Dhaka Judge Court
