Kritish Dadu

The ex-Bangladesh PM’s return following a death sentence imposed in absentia brings renewed attention to the International Crimes Tribunal’s troubled record on fair trial guarantees, retrospective criminalization and capital punishment, while raising difficult questions for India over extradition.

The finding by the Commission headed by Justice S. Murlidhar provide a substantial evidentiary basis for investigating war crimes and crimes against humanity and, more controversially, reopen the debate on the interpretation of genocide in contemporary international law.

The victims of the 2024 Bangladesh violence deserve genuine accountability. But the proceedings against Sheikh Hasina raise cumulative concerns about the Bangladesh International Crimes Tribunal’s constitutional foundation, judicial independence, evidentiary scrutiny and appellate safeguards. India must note that its refusal to extradite need not mean abandonment of accountability.