The Obligation to Extradite or Prosecute (aut dedere aut judicare) and the New Mixed Criminal Tribun

Jurisprudence 4/2014 Section: Articles Page: 12-16

Keywords: aut dedere aut judicare - crimes under international law - Extraordinary African Chambers - International Court of Justice

Abstract: The article deals with the judgment of the International Court of Justice in case Questions relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal). The ICJ found Senegal, because of its failure to try or extradite the former president of Chad Hissène Habré, in violation of the 1984 Convention against Torture. This judgment contributed to the establishment of the Extraordinary African Chambers within the courts of Senegal (in February 2013), competent to prosecute international crimes committed in Chad between June 1982 and December 1990. The article presents the Statute of the Extraordinary African Chambers. They are not just another example of mixed (hybrid) criminal tribunals but they appear, in the context of the criticism of the African Union on both the International Criminal Court and universal jurisdiction, as an Africa-based way towards prosecution of heinous crimes in Africa, including those committed by political leaders.

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