Friday, February 20, 2009

ICJ: Belgium Institutes Proceedings Against Senegal

Yesterday, Belgium instituted proceedings against Senegal at the International Court of Justice. (Press release here; application not yet available online.) In its application, Belgium requests a declaration that Senegal has a customary international law obligation to prosecute the former President of Chad, Hissène Habré, or, failing that, to extradite him to Belgium to face criminal proceedings for acts of torture and crimes against humanity. Belgium founds the Court's jurisdiction on the unilateral declarations of both countries (here and here) pursuant to Article 36(2) of the Court's Statute, as well as under Article 30 of the Convention Against Torture. Belgium also requests that the Court indicate provisional measures that would require Senegal to take "all the steps within its power to keep Mr. H. Habré under the control and surveillance of the judicial authorities of Senegal so that the rules of international law with which Belgium requests compliance may be correctly applied."