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