ICC hasn't ordered case against Bangladesh govt's chief adviser Muhammad Yunus

What is the claim?

Amid the ongoing tension between Awami League and Bangladesh's interim government, a Facebook post claimed that the “international court” ordered a case against 62 Bangladeshi leaders, including Muhammad Yunus, the interim government's chief adviser. An archived version of the post can be seen here. 

Sharing a photo of Yunus, the post, in its caption in Assamese, wrote, “The current Prime Minister of Bangladesh and the so-called Nobel laureate Yunus Khan will be sued in the International Court on charges of carrying out genocide against Hindus. The International Court has ordered prosecution of 61 leaders of Bangladesh including Yunus Khan.”

Screenshot of the viral post. (Source: Facebook/Screenshot)

The post surfaced after a leader of Awami League reportedly filed a complaint against Yunus and 61 others at the International Criminal Court (ICC) in the Netherlands.

However, this claim is misleading. While the Awami League leader filed a petition against Yunus and others at the International Criminal Court, no such development about the case filing has been reported from the ICC's side. Approaching the ICC and filing a complaint is not the same as the court filing a case.  

Did the ICC order a case against Yunus and others?

According to multiple reports from November 10 and 11, former mayor of Shylet and Awami League leader Anwaruzzaman Chowdhury filed a complaint against Yunus and 61 others under Article 15 of the Rome Statute at the ICC in The Hague. 

In a video (archived here) shared on the official Facebook page of the political party on November 9, 2024, Chowdhury brought allegations of “genocide and crimes against humanity” against Yunus and others following the student uprising that ousted the Sheikh Hasina government in Bangladesh. However, according to a report by The Times of India, Yunus's legal adviser dismissed the plea as an attempt to "mislead global opinion." “This is not a case. It is just a petition. Any person can do that,” TOI quoted him as saying.

We found no reports since November 11 with an update on the complaint filed by Chowdhury or a statement that the ICC has filed a case against Yunus and others.

The workings of the International Criminal Court

We checked the website of the ICC and found that it says that the Office of the Prosecutor (OTP) must determine "whether there is sufficient evidence of crimes of sufficient gravity falling within the ICC’s jurisdiction, whether there are genuine national proceedings, and whether opening an investigation would serve the interests of justice and of the victims." 

"If the requirements are not met for initiating an investigation, or if the situation or crimes are not under the ICC’s jurisdiction, the ICC’s Prosecution cannot investigate," the page adds, making it clear that the submission of a complaint does not mean the filing of a case by the ICC.

Logically Facts also contacted international human rights lawyer Maitreyi Gupta for clarification on the claim. Gupta said, "No, the court has not ordered a case," directing us to the OTP website, which says that under Article 15 of the Rome Statute, any individual, group, State, or intergovernmental or non-governmental organization can submit a claim through the portal or by post. 

The same page also noted that a claim or petition can also be rejected. "Upon completing its assessment, if the OTP concludes that the information provided does not fall within the jurisdiction of the Court or otherwise does not provide a reasonable basis for an investigation, the OTP will inform the Article 15 communication sender in writing," it says. 

Further, the Prosecutor may initiate an investigation on his own initiative, upon request from a state party, or upon a United Nations Security Council (UNSC) referral for an act of aggression. However, Awami League is not the state party. All this evidence suggests that filing a complaint at the ICC is not the same as the ICC ordering a case.

Tension between Awami League and the interim government

During a hearing by a special tribunal in Bangladesh on November 18, several ex-Bangladeshi ministers of Awami League were charged with “enabling massacres” during the mass uprising that ousted Sheikh Hasina's government, Al Jazeera reported. The report noted that Bangladesh’s International Crimes Tribunal has asked the investigators to complete the probe against the fugitive, former Prime Minister Hasina, and submit a report by December 17, 2024.

Moreover, the interim government reportedly said that it will seek Interpol’s help to extradite Hasina and her Awami League allies by issuing arrest warrants against them through the International Crimes Tribunal. 

The verdict

The viral claim is misleading. While an Awami League leader has filed a complaint against Muhammad Yunus in the International Criminal Court, no such development has been reported from the ICC’s side. Filing a complaint at ICC is not the same as the court ordering a case.