Belgium Takes Senegal to ICJ for Failure to Prosecute

Belgium has filed a request for an order of provisional measures from the International Court of Justice against Senegal for that country’s failure to prosecute former Chad dictator Hissene Habre.  The press release describing Belgium’s application lays out the legal theory, which boils down to: The Convention Against Torture and general international customary law.  

Belgium contends that under conventional international law, “Senegal’s failure to prosecute Mr. H. Habré, if he is not extradited to Belgium to answer for the acts of torture that are alleged against him, violates the [United Nations] Convention against Torture [of 10 December 1984], in particular Article 5, paragraph 2, Article 7, paragraph 1, Article 8, paragraph 2, and Article 9, paragraph 1”. It adds that, under international custom, “Senegal’s failure to prosecute Mr. H. Habré, or to extradite him to Belgium to answer for the crimes against humanity which are alleged against him, violates the general obligation to punish crimes against international humanitarian law which is to be found in numerous texts of derived law (institutional acts of international organizations) and treaty law”.

Interestingly, if the ICJ eventually reaches this issue, it might opine on the debate Kevin Heller and others in the blogosphere have had over the obligation to prosecute contained in CAT Article 7, paragraph 1.  The application’s reference to a “general obligation to punish crimes against international humanitarian law…” cries out for more elaboration.  What in the world are those general obligations? So a case worth keeping track of.