CASE NOTE ON CASE CONCERNING QUESTIONS RELATING TO THE OBLIGATION TO PROSECUTE OR EXTRADITE (BELGIUM V. SENEGAL)
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Abstract
The International Court of Justice (ICJ) issued on July 20, 2012 a long awaited judgment in a case brought by Belgium against Senegal regarding the latter’s failure to prosecute former Chadian dictator Hissène Habré confirming the obligation of states parties to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 (“UNCAT”) to either prosecute alleged perpetrators or extradite them to another country with jurisdiction for prosecution. The desire to prosecute Mr. Habré for crimes of torture committed during his eight year presidency of Chad has led to a stream of national and international litigation. The Convention adopted under the auspices of the United Nations in 1984 currently has 151 states parties who are required to take effective measures to prevent torture and hold accountable those who engage in torture.
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