The conviction of Hissène Habré by the Extraordinary African Chambers in the Senegalese Courts: Bringing justice in cases of serious human rights violations in Africa

Juan Pablo Perez-Leon-AcevedoAuthor: Juan Pablo Pérez-León-Acevedo
Vice-Chancellor Postdoctoral Fellow, Centre for Human Rights, Faculty of Law, University of Pretoria

Background

On 30 May 2016, the Extraordinary African Chambers in Senegal (EAC) found the former Chadian dictator Hissène Habré criminally responsible for crimes against humanity, war crimes and torture. The EAC condemned Hissène Habré to life in prison. The EAC indicated that the defence would have 15 days to appeal the conviction. Accordingly, the defence lawyers proceeded to appeal the conviction on 10 June 2016. During the trial that started on 20 July 2015 and ended on 11 February 2016, 96 witnesses, victims and experts participated, and 5600 transcript pages and over 56 exhibits were examined. The trial concerned crimes committed in Chad between 7 June 1982 and 1 December 1990, which corresponded to Habré’s rule. The EAC Trial Chamber convicted Habré, as a member of a joint criminal enterprise (involving, among others, directors of his political police aka the Direction de la documentation et de la sécurité (Documentation and Security Directorate (DSS)), of crimes against humanity of rape, sexual slavery, murder, summary execution, kidnapping followed by enforced disappearance, torture and inhumane acts committed against the Hadjerai and Zaghawa ethnic groups, the inhabitants of southern Chad and political opponents. As a member of a joint criminal enterprise, Habré was also convicted of torture. Additionally, the Chamber convicted Habré, under the modality of superior or command liability, of the war crimes of murder, torture, inhumane treatment and unlawful confinement committed against prisoners of war (international armed conflict), and of the war crimes of murder, torture and cruel treatment (non-international armed conflict). War crimes were examined, on the one hand, in the context of the non-international armed conflict between the Forces Armées Nationales du Tchad (National Armed Forces of Chad (FANT)) and the Gouvernment d’Union Nationale de Transition (Transitional Government of National Unity (GUNT)), and, on the other one, in the context of the international armed conflict between Libya, allied to the GUNT, and Chad supported by France and the United States. Nevertheless, the Chamber acquitted Habré of the war crime of unlawful transfer.

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The imminent mass exodus from the ICC by African member states: A turning point for justice in Africa?

 thabang_mokgatleAuthor: Thabang Mokgatle
Candidate Attorney, Rushmere Noach Incorporated, Port Elizabeth, South Africa

This post originally appeared on LinkedIn.

After several months of reading headlines, scholarly articles and opinion pieces about the International Criminal Court (ICC) and its alleged anti-Africa agenda, news that Senegal had taken a decision to prosecute former Chadian leader Hissène Habré for, amongst others, crimes against humanity was welcomed.

Implementing the international law principle of universal jurisdiction, the Extraordinary African Chambers (EAC) were opened in Senegal in 2013, giving the domestic courts of the country the authority to try the former leader for war  crimes committed in Chad from 1982 to 1990. Universal Jurisdiction, and particularly the jurisdiction of the EAC allows for the African member State to prosecute persons responsible for international crimes, irrespective of whether they are a former or sitting Head of State. As Thulasizwe Simelane of ENCA News aptly puts it, the trial is “‘one small step for a country (Senegal) and one giant leap for the continent” .The move is indeed revolutionary for Africa. Revolutionary because one need only refer to media headlines to deduce that the gripe African leaders have with the ICC is underscored by its persistent ‘targeting’ of African leaders in office.

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