Today’s ICJ judgement - by a majority of 14 to 2 - found that Senegal must “without further delay, submit the case of Mr Hissène Habré to its competent authorities for the purpose of prosecution, if it does not extradite him”.

 

Habré was overthrown on 1 December 1990 after a brutal rule that spanned more than eight years from June 1982. He has been living in Dakar since being granted political asylum by Senegal soon after his overthrow.

 

On 3 February 2000, the Dakar Regional Court indicted the former Chadian leader for “crimes against humanity, acts of torture and barbarity”, but a Court of Appeal later ruled that they did not have jurisdiction to try acts of torture committed by a foreigner outside of its territory. An extradition request from Belgium has been pending since 2005.

 

Amnesty International Law and Policy Director Michael Bochenek said:

 

"This is a victory for victims that’s long overdue, and now it’s high time the courts in Senegal delivered justice. They must immediately comply with this ruling.

 

"The latest judgment of the International Court of Justice brings hope to the many who have been waiting more than a decade for Senegal to take action.”

 

However, the ICJ failed to rule on other aspects of the case including whether the obligation to extradite or prosecute existed under customary international law. It also failed to consider the matter of universal jurisdiction for crimes against humanity, missing out on a unique opportunity to further develop international law in relation to these most serious of crimes.