Former Bangladesh Prime Minister Sheikh Hasina has been sentenced to death. Let's explore her options and whether the ICC's decision could avert her death sentence.
Sheikh Hasina: What can the ICC do about the death penalty?
The death sentence handed down by the International Crimes Tribunal to former Bangladesh Prime Minister Sheikh Hasina has sent shockwaves across South Asia. The biggest question now is whether this verdict is final or can it be challenged in an international court. Specifically, can the International Criminal Court (ICC) in The Hague grant Hasina a stay of her sentence and grant her relief? Let's find out.
What are the options for Haseena now?
The death sentence handed down to Sheikh Hasina by the International Crimes Tribunal (ICT) of Bangladesh has sparked renewed debate at the political, constitutional, and international levels. The most pressing question since the verdict is what options are available to Hasina to challenge the sentence and whether the International Criminal Court (ICC) can intervene in any way.
Right to appeal to the Supreme Court.
First, it's important to understand what Bangladesh's legal process entails in this matter. Under Section 21 of the ICT Act, 1973, a convicted person has the right to appeal any ICT decision directly to the Bangladesh Supreme Court. This appeal is typically filed within 30 to 60 days. Even if an accused is convicted in absentia, an authorised lawyer can file an appeal on their behalf.
What is the other way?
Furthermore, the President of Bangladesh also has the power under the Constitution to grant pardons, commute sentences, or commute sentences, known as Clemency Power. This means that the first and most direct route after an ICT verdict is through domestic judicial and constitutional processes. The role of international institutions becomes important only when domestic remedies are completely exhausted.
Can the ICC overturn this decision?
As for the ICC, it does not have the power to overrule or quash the verdicts of any national court. Its role is expressly in new international criminal investigations, not in appeals of ongoing or completed cases within a country.
The ICC can intervene in a case under three circumstances:
The country concerned should itself refer the matter to the ICC.
The UN Security Council should refer it to the ICC.
The ICC prosecutor should take suo motu cognisance and initiate an investigation.
