A Bangladeshi court has issued an arrest warrant for former Prime Minister Sheikh Hasina and 45 other members of her government, accusing them of crimes against humanity. This development comes amid a backdrop of political turmoil and violence that led to Hasinas ouster.

According to Bangladeshs interim health ministry, over 1,000 people were killed during the student protests that culminated in Hasinas removal from power. The last known location of Hasina was the Hindon airbase near New Delhi. Initially, she was expected to stay in India briefly, but her attempts to seek asylum elsewhere have failed. With the arrest warrant now in place, questions arise about whether Dhaka can seek her extradition.

Extradition Treaty Between India and Bangladesh

India and Bangladesh signed an extradition treaty in 2013, which was amended in 2016 to streamline the process of exchanging fugitives. The treaty stipulates that both countries must extradite individuals charged with or convicted of an extraditable offense, which includes crimes punishable by at least one year of imprisonment. The principle of dual criminality applies, meaning the offense must be punishable in both countries.

The treaty allows for the refusal of extradition if the offense is of a political nature. However, this exemption is limited. The list of offenses that cannot be deemed political includes murder, manslaughter, assault, and terrorism-related activities. Given the severity of the charges against Hasina, including murder, torture, and genocide, it is unlikely that these would be considered political offenses.

However, Article 7 of the treaty states that extradition may be refused if the person can be tried for the same offense in the requested state. This does not apply to Hasinas case. However, Article 8 provides multiple grounds for refusal, such as accusations not made in good faith or military offenses not recognized under general criminal law. India could potentially deny Hasinas extradition citing the good faith clause but also risks strained ties with Bangladeshs interim government.

On August 13, Hasina was charged with the murder of a grocery store owner who died in police firing. The following day, she faced charges of enforced disappearance for allegedly kidnapping a lawyer in 2015. By August 15, she was accused of murder, torture, and genocide in a third case. The 2016 amendment to the extradition treaty removed the requirement for the requesting country to provide evidence of the offense, simplifying the process to an arrest warrant issued by a competent court.

Hasina and the International Crimes Tribunal

Hasina is wanted by Bangladeshs International Crimes Tribunal (ICT), a domestic war crimes tribunal established in 2009 to prosecute those responsible for atrocities during the 1971 Liberation War. The tribunal has convicted several high-profile individuals, mainly from the Jamaat-e-Islami party and the Bangladesh Nationalist Party (BNP). Many of these individuals were convicted of war crimes and sentenced to death or life imprisonment.

During the 1971 war, the Pakistan Army and their local collaborators, including the Razakars, Al-Badr, and Al-Shams, were involved in widespread atrocities, including genocide, war crimes, and crimes against humanity. The tribunal was set up under the International Crimes (Tribunals) Act of 1973, which was amended in 2009 by the Hasina government to update its provisions and ensure it met international standards.

The amendment allowed for trials in absentia, meaning that individuals could be tried even if they were not physically present in court. This was particularly relevant for prosecuting those who had fled the country.

The tribunal has also faced criticism. Human rights organizations and international legal experts have raised concerns about the fairness and transparency of the trials, as well as allegations of political bias

Hasinas continued presence in India complicates Delhis relationship with the new interim government in Dhaka. Many in Bangladesh are angered by Indias sheltering of Hasina, viewing it as interference in their internal affairs. Maintaining good relations with Bangladesh is crucial for India, particularly for border security and regional stability. Considering that the interim government has revoked Hasinas diplomatic passport, it is increasingly likely to formally request Sheikh Hasinas extradition.