Is Sheikh Hasina liable for crimes against humanity?

Sheikh Hasina was the head of the government during the Quota Reform Movement in July-August 2024, during which more than one thousand students and civilians lost their lives, and many others were injured. According to the Rome Statute of the International Criminal Court (ICC), the ICC has jurisdiction only concerning crimes committed after the Statute’s entry into force. If a state becomes a party to this Statute after it enters into force, the Court may exercise its jurisdiction only concerning crimes committed after the Statute’s enforcement date for that state (Rome Statute, Article-11).
The Rome Statute, which established the ICC, was adopted on 17 July 1998 and came into effect on 1 July 2002. Bangladesh signed the Rome Statute in September 1999 and ratified it on 23 March 2010, becoming the first South Asian country to ratify the Statute (‘Bangladeshi in ICC: In Brief’, Embassy of Bangladesh, Netherlands). Therefore, the ICC has jurisdiction over crimes against humanity committed during the Quota Reform Movement since Bangladesh’s ratification of the Rome Statute on 23 March 2010.
During the violent clashes and unrest sparked by the government service quota reform movement, students and civilians were killed in confrontations with law enforcement agencies, and members of the Bangladesh Awami League (BAL), Jubo League, Bangladesh Awami Swechasebak League, Bangladesh Chhatra League (BCL), and their allies. There are no official statistics on the exact number of deaths, but according to unofficial sources, the death toll ranged between 1,000 and 1,400 (India Today, 5 August 2024). Health and Family Welfare Adviser Noor Jahan Begum reported that over 1,000 people were killed, and more than 400 people lost their eyesight due to the violence during the protests (Daily Jugantor, 30 August 2024).
Many of the victims’ bodies were buried without being taken to hospitals. After brief examinations confirming death, these bodies were returned to relatives, reportedly without full post-mortem investigations. Most of the deceased were students from various educational institutions. Around 78 per cent of the victims were killed by gunfire, while others died in related violence (Daily ProthomAlo, 2 August 2024).
In the final stages of the movement, Sheikh Hasina attempted to retain power by force. She pressured top state officials for about an hour starting at 10:30 a.m. on 5 August 2024. High-level sources reported that the chiefs of the three armed forces and the former Inspector General of Police (IGP) were summoned to the Prime Minister’s residence, Ganabhaban, where Hasina expressed frustration over the inability of security forces to control the protests. She specifically criticized their failure to act against protesters who climbed onto armored and military vehicles and painted them red (Daily ProthomAlo, 5 August 2024).
Sheikh Hasina and her allies are responsible for crimes against humanity committed up until 5 August 2024. They are also liable for the deaths of individuals who later succumbed to injuries sustained during that period. According to the ICC’s definition, the actions taken in July-August 2024 in Bangladesh, while not clearly genocide, appear to constitute crimes against humanity under Article 7 of the Rome Statute.
Crimes Within the ICC’s Jurisdiction
The ICC has jurisdiction over four core crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. However, the Court will only exercise jurisdiction over the crime of aggression once a provision, consistent with the UN Charter, has been adopted (Rome Statute, Article 5, 17 July 1998).
Why Sheikh Hasina and Her Allies Are Liable
Sheikh Hasina sought to retain power through the use of excessive force and mass killings. Before her departure from the country, she pressured top officials of state forces on the morning of 5 August 2024. Therefore, she is responsible for the crimes against humanity committed during the Quota Reform Movement. Ministers and Members of Parliament (MPs) of her government directly ordered state forces to use excessive force, which resulted in the deaths of thousands of students and civilians. Additionally, members of the Bangladesh Awami League, Jubo League, Bangladesh Awami Swechasebak League, and Bangladesh Chhatra League, along with their allies, played a role in the violence and killings.
Law enforcement agencies cannot escape
responsibility, as they followed unlawful orders from various state authorities.
Who Can File a Case with the ICC?
A State Party may refer to the Prosecutor any situation in which one or more crimes within the ICC’s jurisdiction appear to have been committed, requesting an investigation to determine whether charges should be brought against specific individuals. As a member state of the ICC, the current government of Bangladesh has a responsibility to file a case against Sheikh Hasina and her allies for crimes against humanity committed during the Quota Reform Movement in July-August 2024.
Additionally, any State Party to the Rome Statute, the Prosecutor of the ICC, or the United Nations Security Council has the authority to refer cases to the ICC. The Prosecutor may also initiate investigations based on information about crimes within the Court’s jurisdiction (proprio motu). Individuals and organizations cannot directly file a case with the ICC, but civil society groups and human rights organizations can provide evidence to the Prosecutor. Ultimately, it is up to the Prosecutor to decide whether to prosecute. Under the Rome Statute, every state has a duty to exercise its criminal jurisdiction over those responsible for international crimes. The ICC intervenes only when a state is unable or unwilling to genuinely investigate and prosecute perpetrators. The ICC aims to end impunity for those responsible for the most serious crimes of international concern, contributing to the prevention of such crimes.
At least 220 cases have been filed against former Prime Minister Sheikh Hasina and her allies as of 2nd October 2024. Among them, 188 are murder cases. Charges have also been filed against them at the International Crimes Tribunal in Bangladesh.