21 Mar 2012

ICJ / HISSINE HABRE

The ICJ heard a request this week by Belgium for Senegal to fulfil its obligations under international law – and either prosecute former Chadian President Hissène Habré for atrocities or extradite him to stand trial in Brussels. Senegal maintained that preparations were underway to try Habre, who allegedly tortured and killed thousands of his political opponents from 1982-90. ICJ

Posted at: March 21, 2012 5:50 pm

Duration: 02:51

Available in: SD

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STORY: ICJ / HISSINE HABRE
TRT:  2.51
SOURCE: ICJ
RESTRICTIONS: NONE
LANGUAGE: FRENCH / NATS

DATELINE: 12, 19, 21 MARCH 2012, THE HAGUE, THE NETHERLANDS

SHOTLIST:

12 March 2012, THE HAGUE, THE NETHERLANDS

1. Wide shot, Great Hall of Justice with full ICJ bench
2. Close-up, name-plate of Applicant State (Belgium)
3. Wide shot, all members of the delegation of Applicant State (Belgium)
4. Close-up, name-plate of Respondent State (Senegal)
5. Med shot, three main members of the delegation of Respondent State (Senegal)
6. Reverse shot, full ICJ bench with Belgian Agent speaking

19 MARCH 2012, THE HAGUE, THE NETHERLANDS

7. SOUNDBITE (French) Paul Rietjens, Agent of Belgium:
"Senegal has breached and continues to breach its international obligations under Article 6, paragraph 2, and Article 7, paragraph 1, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and under other rules of international law by failing to bring criminal proceedings against Mr. Hissène Habré for acts characterized in particular as crimes of torture, war crimes, crimes against humanity and crimes of genocide alleged against him as perpetrator, co perpetrator or accomplice, or, otherwise, to extradite him to Belgium for the purposes of such criminal proceedings."

12 March 2012, THE HAGUE, THE NETHERLANDS

8. Med shot, ICJ President Peter Tomka (Slovakia) listening

21 MARCH 2012, THE HAGUE, THE NETHERLANDS

9. SOUNDBITE (French) Cheikh Tidiane Thiam, Agent of Senegal:
"I would ask the Court, on behalf of my country, to find in its favour on the following submissions and to adjudge and declare that: Principally, it cannot adjudicate on the merits of the Application filed by the Kingdom of Belgium because it lacks jurisdiction as a result of the absence of a dispute between Belgium and Senegal."

12 March 2012, THE HAGUE, THE NETHERLANDS

10. Med shot, Belgian team listening

21 MARCH 2012, THE HAGUE, THE NETHERLANDS

11. SOUNDBITE (French) Cheikh Tidiane Thiam, Agent of Senegal:
"Secondly and in the alternative, should it find that it has jurisdiction and that Belgium's Application is admissible, that Senegal has not breached any of the provisions of the 1984 Convention against Torture."

12 March 2012, THE HAGUE, THE NETHERLANDS

12. Med shot, ICJ Judges listening

21 MARCH 2012, THE HAGUE, THE NETHERLANDS

13. SOUNDBITE (French) Cheikh Tidiane Thiam, Agent of Senegal:
"In taking the appropriate measures and steps to prepare for the trial of Mr. Hissène Habré, Senegal is complying with the declaration by which it made a commitment before the Court."

12 March 2012, THE HAGUE, THE NETHERLANDS

14, Wide shot, Court and audience standing up at the end of the day
15. Wide shot, ICJ Judges leaving the Great Hall of Justice at the end of the day

STORYLINE:

The International Court of Justice (ICJ) heard arguments this week between Belgium and Senegal regarding the potential prosecution of the former Chadian President Hissène Habré allegedly torturing and killing thousands of his political opponents from 1982 to 1990.

In its closing argument on Monday (19 March), Belgium petitioned the court to hear its full case that Senegal, where Habré has been living in exile since 1990, is not fulfilling its obligations under international law by failing to bring Habré to trial or to extradite him to Belgium.

SOUNDBITE (French) Paul Rietjens, Agent of Belgium:
"Senegal has breached and continues to breach its international obligations under Article 6, paragraph 2, and Article 7, paragraph 1, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and under other rules of international law by failing to bring criminal proceedings against Mr. Hissène Habré for acts characterized in particular as crimes of torture, war crimes, crimes against humanity and crimes of genocide alleged against him as perpetrator, co perpetrator or accomplice, or, otherwise, to extradite him to Belgium for the purposes of such criminal proceedings."

Senegal argued today (21 March) at the close of the hearing that the Court should decide that it lacked jurisdiction to hear Belgium's case.

SOUNDBITE (French) Cheikh Tidiane Thiam, Agent of Senegal:
"I would ask the Court, on behalf of my country, to find in its favour on the following submissions and to adjudge and declare that: Principally, it cannot adjudicate on the merits of the Application filed by the Kingdom of Belgium because it lacks jurisdiction as a result of the absence of a dispute between Belgium and Senegal."

Failing such a decision, Senegal asked the court to rule that it had not breached international law.

SOUNDBITE (French) Cheikh Tidiane Thiam, Agent of Senegal:
"Secondly and in the alternative, should it find that it has jurisdiction and that Belgium's Application is admissible, that Senegal has not breached any of the provisions of the 1984 Convention against Torture."

Senegal further maintained that the Court should decide that in preparing to try Habré, it was complying with previous commitments.

The ICJ decision on Belgium's petition is not expected for several months.

Senegalese authorities arrested Habré in 2005 but never prosecuted him. It has refused four previous extradition requests by Belgium. In February 2009 Belgium instituted proceedings against Senegal on the grounds that a dispute exists between the two countries regarding Senegal's compliance with its obligation to prosecute Habré or extradite him to Belgium for the purposes of criminal proceedings.

Filed under 01.07.01 - INTERNATIONAL LAW BELGIUM ICJ - International Court of Justice SENEGAL .