In 2009, the Kingdom of Belgium filed an Application with the International Court of Justice (ICJ) against the Republic of Senegal, alleging Senegal had a duty to prosecute or extradite Hissène Habré under the Convention Against Torture and Other Cruel, Inhumane, or Degrading Treatment or Punishment (1984), and failed to uphold that duty. Both parties had entered this treaty in February of 1985. 

Hissène Habré, the former President of Chad, is accused by Belgium of committing war crimes including murder, torture and other serious crimes during his Presidency. After being overthrown, Habré fled to Senegal, where he was granted political asylum by the Senegalese Government and lived in exile. In 2005, alleged victims, including Belgian citizens, filed a criminal complaint in Belgium, whereafter Habré was indicted and his extradition was requested. Belgium’s application to the Court states that by Senegal’s failure to extradite him to Belgium, paired with their continual delay in prosecution, Senegal’s in violation of the the Convention Against Torture. 

Belgium argued that Senegal was legally obligated to either prosecute Habré or extradite him to Belgium, where he could face trial, breaching International Obligations. Belgium also pointed to various procedural shortcomings in Senegal’s handling of the case, arguing that Senegal had not taken adequate measures to ensure Habré was prosecuted effectively, thus failing to meet the standards required under international law.

Senegal countered Belgium’s argument, claiming the Convention Against Torture did not necessarily impose an immediate duty to prosecute. Additionally, Senegal questioned Belgium’s right to demand the extradition of Habré, claiming it to be “unjustified.” The State asserted that it was addressing the issue of prosecution within its domestic legal framework, arguing that their legal system was developing and implementing the legal reforms that are necessary to deal with serious cases like Habré’s. Senegal claimed that it was acting in good faith, taking significant steps to address the situation, stating that the prosecution of Habré required methodical legal and procedural considerations.

Thus, the Court must consider whether it has jurisdiction to issue a decision under conventional and customary international law, including the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. If the Court finds that they do have jurisdiction, the Court must interpret the obligations under international law regarding the duty to prosecute or extradite individuals accused of certain serious crimes, such as crimes against humanity and war crimes. Finally, the Court must analyze the concept of State responsibility to determine whether Senegal had failed in its obligations.