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Can Sheikh Hasina Appeal Her Death Sentence For Crimes Against Humanity’?

November 18, 2025

05:20

Can Sheikh Hasina Appeal Her Death Sentence For Crimes Against Humanity’?

Bangladesh has entered a historic and deeply divisive moment following the International Crimes Tribunal’s decision to sentence former Prime Minister Sheikh Hasina to death for “crimes against humanity.” The verdict, linked to the handling of student protests in August 2024, has triggered sharp political reactions, legal debate, and questions about what happens next.

This article breaks down the legal, political, and constitutional pathways ahead and explains whether Hasina can appeal the ruling, how the appellate process works, and why the case is likely to shape Bangladesh’s future governance conversation.

What triggered the death sentence against Sheikh Hasina?

Bangladesh’s International Crimes Tribunal (ICT) found Sheikh Hasina guilty of crimes against humanity for actions taken during the 2024 student protests. The tribunal held that:

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  • The former government failed to address student demands.
  • Hasina used derogatory language against protesters, calling them “Razakars.”
  • She allegedly ordered drones, helicopters, and law enforcement units to track gatherings and fire on demonstrators.
  • Her aides, former Home Minister Asaduzzaman Khan Kamal and former Police Chief Chowdhury Abdullah Al-Mamun, acted in connivance.

The tribunal pardoned Mamun after he issued a public apology, but Hasina and Khan received death penalties.

Hasina denounced the verdict immediately, calling it “biased and politically motivated.” In her statement, she argued that leaders “acted in good faith” during the unrest and that the violence was not a planned assault on citizens.

Does Bangladesh’s law allow Sheikh Hasina to appeal the death sentence?

Yes, Bangladesh’s legal framework allows a convicted individual to appeal a death penalty at the Supreme Court.

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How the appeal process works

Under Bangladeshi law:

  1. A death-row convict may submit an appeal to the Appellate Division of the Supreme Court.
  2. The appeal must usually be filed within a designated period (commonly 30 days).
  3. The Supreme Court has the authority to uphold, overturn, or modify the verdict.
  4. The decision is final unless a review petition is later permitted under constitutional provisions.

This pathway applies to individuals convicted by the International Crimes Tribunal as well.

Will Hasina file an appeal?

Legally, she is entitled to. Politically, her camp has suggested otherwise.

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Sajeeb Wazed, Hasina’s son and adviser, told Reuters before the verdict that they would not file an appeal unless a “democratically elected government” is in power and the Awami League is allowed to participate.

This condition signals:

  • A protest against the legitimacy of the present regime.
  • A strategic move to frame the verdict as politically driven.
  • A bid to use the appeal as leverage for political negotiations.

This stance does not remove Hasina’s legal right to appeal—it simply means she may choose not to exercise it under current political circumstances.

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Why the appeal pathway matters for Bangladesh’s political landscape

The question of appeal is not merely procedural. It is central to Bangladesh’s broader political crisis and the future of governance in the country.

It determines whether the verdict becomes final

Without an appeal, the tribunal’s verdict could proceed to confirmation stages, bringing the country closer to irreversible consequences.

It shapes international response

Foreign governments, rights groups, and international legal bodies often scrutinize death penalty cases—especially when linked to political leaders.
A pending appeal can slow international pressure; a lack of appeal accelerates it.

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It affects political legitimacy at home

For Hasina’s supporters, an appeal process would be a forum to challenge the credibility of the tribunal.
For her opponents, the appeal could offer a chance for affirmation of the verdict.

It influences civil stability

Bangladesh has seen repeated waves of student-led and opposition-led protests. If Hasina skips the appeal, it could fuel political martyrdom narratives and mobilize larger street movements.

What are the legal complexities surrounding this case?

This verdict is unprecedented because:

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The ICT was originally set up for the 1971 war crimes

Its use for alleged crimes linked to the 2024 protests raises debate about jurisdiction and scope.

Political context is inseparable from legal context

Opposition groups argue the tribunal has previously been used for political ends.
Hasina’s supporters now claim the same is happening to her.

The apology-based pardon adds unusual legal dynamics

The former police chief’s pardon after an apology raises questions about consistency and legal precedent.

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Appeals could open the door to constitutional review

Supreme Court judges may examine not only the charges but also issues such as:

  • Due process standards in ICT trials
  • Political neutrality of the tribunal
  • Use of wartime legal frameworks for peacetime protests

These broader questions will likely shape how future governments modify or retain the tribunal’s mandate.

What happens if Hasina does not appeal?

If she chooses not to appeal, several outcomes become possible:

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  • The state may proceed toward execution once procedural confirmations are completed.
  • Her legal team may attempt alternative petitions (e.g., constitutional review or presidential mercy).
  • Political actors may escalate pressure domestically and internationally to halt the process.

However, historically, high-profile death penalty cases in Bangladesh—especially with political overtones—have involved multiple layers of legal and diplomatic intervention.

What could a future democratically elected government change?

If a new government takes office and Hasina files an appeal, it could:

  • Modify the tribunal’s structure
  • Reopen procedural pathways
  • Initiate legislative reforms to address concerns over the ICT’s jurisdiction
  • Temporarily suspend executions until legal reviews are complete

A democratically elected government could also choose to grant clemency or alter the implementation timeline.

Why this case will define Bangladesh’s political future

The verdict against Sheikh Hasina is not just a legal ruling—it is a defining chapter in the country’s political evolution.
It raises foundational questions about:

  • The boundaries of executive power
  • The use of special tribunals
  • The balance between justice and political neutrality
  • The accountability of governments during civil unrest

Regardless of whether Hasina appeals, Bangladesh is now on a collision course between law, politics, and public sentiment.

TL;DR

  • Sheikh Hasina has been sentenced to death by the International Crimes Tribunal for crimes against humanity linked to 2024 student protests.
  • She can appeal the verdict at the Bangladesh Supreme Court.
  • Her family says she will not appeal unless a democratically elected government takes office.
  • The appeal process is crucial for legal, political, and international reasons.
  • The case is set to influence Bangladesh’s future political landscape and institutional balance.