Saturday, February 21, 2009

Belgium institutes proceedings against Senegal at the ICJ

BelgiumSenegal  On February 19, Belgium instituted proceedings against Senegal at the International Court of Justice (ICJ) alleging that Senegal has breached its obligation to prosecute the former President of Chad, Hissene Habre, or to extradite him to Begium for criminal proceedings on allegations of torture and crimes against humanity.  Belgium has also requested the indication of provisional measures.  Habre has been living in exile since 1990.  Belgium claims that Senegal's duty to prosecute or extradite arises under both the Convention Against Torture (CAT) Icj and customary international law.  Belgium founds jurisdiction on the basis of the parties' respective declarations accepting the Court's compulsory jurisdiction under Article 36 of the Statute of the Court and the dispute resolution clause of CAT.  With respect to provisional measures, Belgium requests the Court order Senegal to take appropriate measures to keep Habre under its control and surveillance until the international legal issues are resolved.  Click here to read more.

(cgb)

http://lawprofessors.typepad.com/international_law/2009/02/belgium-institu.html

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