Habre: prosecute or extradite

“We are expecting a lot from the International Court of Justice (ICJ),” declares Reed Brody of Human Rights Watch (HRW) as he greets journalists in The Hague. This is the first real “victim-driven” case before the World Court – the UN’s highest legal body, he informs us ahead of hearings on Monday. Brody is flanked by Chad victim Souleymane Guengueng and victims’ lawyer Jacqueline Moudeina.

By Geraldine Coughlan, The Hague
[related-articles]Prosecute or extradite
They kick off with the ‘Pinochet principle’ - the basis for their claim: prosecute or extradite. The case pits Belgium against Senegal. Belgium, under the principle of universal jurisdiction, wants to try the former Chadian leader Hissene Habre for alleged atrocities under the UN Convention against Torture while in power from 1982 to 1990. The ICJ deals generally with cases between UN member states and has no jurisdiction to prosecute individuals. But its rulings can be legally binding on states.
Senegal – No Way
Habre was first indicted in Senegal, where he lives in exile, in 2000. But according to HRW, after interference by the Senegalese government, the country’s courts said he could not be tried there. His victims then filed a case in Belgium.
After four years of investigation, a Belgian judge requested his extradition in September 2005. A Senegalese court ruled that it lacked jurisdiction to decide on the extradition request.
Soap opera
The most recent ruling by the Dakar appeals court in January rejected Belgium’s third extradition request on procedural grounds, including that "the copy of the international arrest warrant submitted to the dossier was not authentic". Nobel Peace Prize winner Bishop Desmond Tutu described the case as an “interminable political and legal soap opera” for the victims.
Senegal is under growing pressure to allow Habre to face justice, with the African Union recently urging it to either try the former leader itself or send him to a country that would.
Binding legal order
HRW said it hopes the ICJ case will finally result in a “binding legal order compelling Senegal to extradite Habre to Belgium if it does not prosecute him.”
Senegalese officials, meanwhile, including President Wade, have publicly ruled out putting Habre on trial, although he was sentenced to death in a Chadian court in 2008 for crimes against the state. Habre was tried, along with eleven rebel commanders, in absentia. The court issued no warrants for the defendants and they mounted no legal defence during the hearings.
Moral conscience
Habre's case has been a source of turmoil in the international community. With the ICJ now placed at the centre of the continuing legal battle between Belgium and Senegal, diplomatic eyes will be focused on The Hague on Monday, waiting to see whether the first ‘victim-driven’ case before the World Court under universal jurisdiction will live up to current expectations. But as the ICJ has no police force to ensure adherence to its rules – it is up to the moral conscience of countries like Belgium and Senegal, to respect the judges’ final and legally binding decisions.