EJIL Reports

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Belgium brings case against Senegal in the ICJ over Failure to Prosecute Hissene Habre

Belgium has filed a case in the ICJ against Senegal (see press release) with regard to Senegal's failure to prosecute former Chadian Head of State, Hissene Habre. This is the latest episode in the long running saga regarding the possible prosecution of Habre. Habre is accused of torture and crimes against humanity committed in the 1980s against dissidents and political opponents during his period in office in Chad. Habre has been resident in Senegal since he was overthrown in 1990. Following the Pinochet precedent, attempts were first made in 2000 to institute criminal proceedings in Senegal against Habre. These attempts failed when the Senegalese courts held that Senegal lacked extraterritorial jurisdiction over the crimes because it had not passed the necessary legislation. Thereafter, proceedings against Habre were commenced in Belgium and, in 2005, a Beglian magistrate issued an international arrest warrant for Habre. After the African Union recommended prosecution in Senegal, that country amended its domestic law in order to provide jurisdiction for crimes against humanity, war crimes and genocide. However, no proceedings against Habre have been…

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European Court decides A and others v. United Kingdom

Today the Grand Chamber of the European Court of Human Rights delivered its judgment in A and others v. United Kingdom, App. No. 3455/05, the sequel to the Belmarsh case, [2005] UKHL 71, decided by the House of Lords several years ago. The applicants were detained preventatively as suspected terrorists by UK authorities pursuant to legislation passed by…

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Judge Owada Elected as New ICJ President

Last week, the judges of the International Court of Justice elected Judge Hisashi Owada as the Court’s new President, and Judge Peter Tomka as its new Vice-President, each for a term of three years. The ICJ press release is here. Three new judges have also now assumed their seats on the bench, namely judges Greenwood, Cancado Trinidade…

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ICTY Trial Chamber Suspends Seselj Trial

The most poorly run trial ever before the ICTY – the high profile proceedings against the ultra-nationalist Serbian leader Vojislav Seselj – has entered into what I can only call its metastasis. AP reports that today the Trial Chamber, by 2 votes to 1 (presiding Judge Antonetti dissenting), decided to adjourn the trial indefinitely, for…

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A Lucky Child, by Thomas Buergenthal

I wanted to bring to our readers’ attention a wonderful new book that is not about international law, but is about a great international lawyer. Judge Thomas Buergenthal’s memoir, A Lucky Child, has just been published in the United Kingdom and the United States. It had previously been published in Germany, where it has been a bestseller, and in several…

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