Bangladesh Court Orders Arrest of Sheikh Hasina for Crimes Against Humanity; Extradition from India Uncertain

A Bangladesh court has issued an arrest warrant for former Prime Minister Sheikh Hasina, demanding her appearance before the court on November 18 to face charges of crimes against humanity. Mohammad Tajul Islam, the chief prosecutor of the International Crimes Tribunal (ICT), announced an order on Thursday, stating that Hasina was responsible for massacres and widespread killings during violent unrest in Bangladesh between July and August. 

“Sheikh Hasina was at the helm of those who committed massacres, killings, and crimes against humanity during unrest this summer,” Islam told reporters. Bloodshed, which erupted following student-led protests against government job quotas, marked a deadliest period in Bangladesh since its independence in 1971, with over 1,000 people killed, according to the interim health ministry’s August report. 

Now 77, Hasina has not been seen publicly since fleeing Bangladesh, with her last known location being a military airbase near Delhi, India. Initial expectations were that her stay in India would be temporary, but attempts to seek asylum elsewhere have reportedly failed. Her presence in India now poses a diplomatic challenge for Delhi, which must navigate its relations with Bangladesh’s new interim government. 

The situation is further complicated by a bilateral extradition treaty between Bangladesh and India. Although the treaty allows for Hasina’s extradition, a clause permits refusal if the offense is deemed to be of a “political character.” The treaty’s interpretation will be key to determining where Hasina will be returned to face trial in Bangladesh. 

International Crimes Tribunal, originally established by Hasina’s government in 2010 to investigate war crimes from the 1971 independence conflict, has faced international criticism. Many rights groups and the United Nations expressed concerns over its procedural flaws, arguing it was being used to target political adversaries. The tribunal, now reconstituted under interim government, resumed its proceedings on Thursday. However, we are concerned about the lack of judges with international legal experience. 

Hasina’s son, Sajeeb Wazed, defended his mother in a recent interview, insisting that she is ready to face trial. “My mom has done nothing wrong,” Wazed told Reuters, standing firm against charges accusing Hasina of orchestrating mass murder during violent protests. 

With Sheikh Hasina’s future uncertain and her potential extradition hanging in balance,  unfolding legal proceedings are likely to have significant implications for both Bangladesh and India. The outcome could redefine the political landscape in Bangladesh and test diplomatic ties between the two neighboring nations.