Evolution of the extradite or prosecute clause through the Hissène Habré Case

Abstract

Criminal proceedings against former Chadian dictator go back to the year 2000, with the filing of the first complaint by a group of victims before the Senegalese tribunals. This event triggered a long pilgrimage around domestic courts, international and regional organisms which seems to have come to an end with the International Court of Justice’s decision on July, 20, 2012. The main goal of this article is to study the way in which this case has contributed to model modern international criminal law, mainly from a procedural point of view, in order to eradicate the impunity gap from which the ex dictator has been benefitting since he escaped his country in 1990. Contributions of the various African and international organisms in the setting up of the Extraordinary African Chambers are also analysed, being this the first African criminal tribunal exclusively created to prosecute human rights violations perpetrated under the Hissène Habré regime between 1982 and 1990.