International Judicial Monitor
Published by the International Judicial Academy, Washington, D.C., with assistance from the
American Society of International Law

Summer 2015 Issue
 

International Tribunal Spotlight

 

Extraordinary African Chambers in Senegal 

International Court of Arbitration 

By: T’Aria Reynolds, Intern, International Judicial Academy

Towards the end of the 1990s hybrid criminal courts emerged in the international law. Hybrid courts have the unique ability to blend the application of international and domestic law to prosecute individuals for serious violations of international criminal laws. Hybrid courts are created to address specific political and historical situations for a limited amount of time.

In 1990, Chadian President Hissene Habre was overthrown from office and fled to Senegal. Habre’s presidency of Chad, a former French colony, was characterized by widespread human rights atrocities. His successor, Idress Deby, created a special commission to investigate crimes during the presidency of Habre. This commission in 1992 recommended the initiation of legal proceedings against Habre.

After a long period thereafter efforts were made to prosecute Habre  in Senegal and also Belgium. The International Court of Justice (ICJ) finally ordered Senegal in 2012 to prosecute Habre for his serious human rights violations. That same year the African Union and the Government of the Republic of Senegal agreed to form a hybrid special court in Senegal. A special Senegal Statute adopted in January, 2013 authorized the establishment of a special court within the judicial system of Senegal, which was completed and carried out in February, 2013. The Chambers jurisdiction covers the prosecution of any “person or persons most responsible for crimes and serious

 

violations of international law, customary international law and international conventions ratified by Chad, committed in the territory of Chad during the period from June 7, 1982 to December 1, 1990.”

The Extraordinary African Chambers exists within the Senegalese court structure in Dakar. The Chamber consists of four levels: the Investigative Chamber with four Senegalese judges, the Indicting Chamber with three Senegalese judges, the Trial Chamber, and the Appeals Chamber. Two Senegalese judges and a president from another African Union member state sit in the Trial Chamber and the Appeals Chamber. The Chambers jurisdiction is limited to the following international crimes: genocide, crimes against humanity, war crimes, and torture.

The non-judicial aspects of the Extraordinary African Chambers are delegated to the Administrator. The Administrator is responsible for managing the human resources and public relations with the international community. In addition, the Administrator assists with establishing judicial cooperation between Senegal and other States.

A year after its creation the Chambers opened to prepare a case against Hissene Habre for the political killing and systematic torture of thousands of persons during his term. On February 13, 2015 the tribunal found sufficient evidence for Habre to stand trial. Habre is charged with crimes against humanity, torture, and war crimes.

The Extraordinary African Chambers is unique because it is the first court created for the specific purpose of prosecuting another state’s former leader.  Thus, it is possible that the Extraordinary African Chambers may prosecute only a single individual before its dissolution.

ASIl & International Judicial AcademyInternational Judicial Monitor
© 2015 – The International Judicial Academy
with assistance from the American Society of International Law.

Editor: James G. Apple.
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