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184 Chapter 7 This brief essay examined the Ethiopian process in light of the Chicago Principles of Post–Conflict Justice which provide a holistic and interdisciplinary approach to the business of transitional justice. Seen in light of this framework, Ethiopia’s endeavor is found wanting. In its favour it may be said, however, that the Ethiopian experience represents a homemade, albeit legalistic, response to a legacy of human rights abuses. Despite the trials’ shortcomings, it is fitting to say ‘better late than never’. Furthermore, no two wrongs make a right. Some have been tempted to delve into a comparison of the incumbent regime’s bad human rights record with that of Mengistu’s to downgrade the symbolic significance of the Red Terror trials both for Ethiopia and Africa. Despite the fact that the Ethiopian judiciary had to deal with this novel issue, it wasted an ideal opportunity for dialogue with the burgeoning jurisprudence of international criminal courts. In fact, it could be said that the courts progressively lost touch with international and comparative materials as the trials progressed. While the Federal High Court in its first ruling on preliminary issues in 1995 engaged with substantive international law, albeit in favour of the prosecution’s case, its decision on merit in 2006 as well as the decision of the Federal Supreme Court in 2008, are both found wanting with respect to their legal rigour and international comparative significance. Nevertheless, it is important to note that the Ethiopian courts have rendered an important contribution to the law on genocide, especially at the domestic level.
CHAPTER 8 1 Introduction THE TRIAL OF HISSÈNE HABRÉ IN SENEGAL AND ITS CONTRIBUTION TO INTERNATIONAL CRIMINAL LAW * LL.B (Nd’jamena); LL.M (Pretoria); Legal Officer, Institute for Human Rights and Development in Africa, Banjul, The Gambia. I am grateful to Humphrey Sipalla for his comments on an earlier draft of this chapter. 1 The Coup d’Etat was led by one of his close commanders, Colonel Idriss Déby Itno, who 185 Kameldy Neldjingaye* Hissène Habré, former President of the Republic of Chad, ruled the country from 1982 until he was overthrown in 1990. 1 During his tenure as President of Chad, Hissène Habré instituted an autocratic rule characterised by a single party system and massive human rights violations. He ordered the collective arrests and mass murders of several Chadian ethnic groups when he believed that their leaders posed a threat to his regime. The Documentation and Security Directorate (DDS), a political police created by him and placed under his direct authority, 2 perpetrated cruelty of almost inconceivable magnitude against thousands of individuals suspected of not supporting his regime. After being deposed, Hissène Habré fled to Senegal where he resides today. On 26 January 2000, a complaint was for the first time filed against him by seven Chadian victims and the Chadian Association of Victims of Political Repression and Crime (AVCRP) 3 before the Dakar Tribunal 2 3 since then became President of the Republic of Chad. The Documentation and Security Directorate was created by the Decree 005/PR of 6 January 1983. Art 1 of the Decree provides that the DDS is ‘directly responsible to the office of the President of the Republic because of the confidential nature of its activities’. A National Commission of Inquiry set up by the Chadian government after Habré’s downfall from power underlined the dependence of the DDS on Hissène Habré by quoting one of his former closest collaborator who stated that ‘… everything concerning the DDS is reserved for the president and no person of that time, regardless of his rank or post, can interfere in the business of that office’; quoted from Amnesty International Chad: The Habré legacy (2001) 12. The French version of the complaint is available at http://www.hrw.org/legacy/ french/themes/habre-plainte.html (accessed 4 March 2010).
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Prosecuting International Crimes in
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1 2 TABLE OF CONTENTS FOREWORD ix C
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6 7 8 6 Relevance of the jurisprude
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12 13 14 4 Conclusion 246 PART IV:
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FOREWORD I write this foreword with
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CONTRIBUTORS Benson Olugbuo is a So
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1 INTRODUCTION Chacha Murungu* & Ja
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Introduction 3 The commission of in
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Introduction 5 Apart from internati
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Introduction 7 resort. The conclusi
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PART I: GENERAL ISSUES IN THE PROSE
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12 Chapter 1 oblige states to prose
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14 Chapter 1 3 The obligation to pr
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16 Chapter 1 perpetrators of these
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18 Chapter 1 namely, national, ethn
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20 Chapter 1 the International Crim
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22 Chapter 1 amnesties for serious
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24 Chapter 1 payment of compensatio
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26 Chapter 1 punish international c
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28 Chapter 1 notorious violations o
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30 Chapter 1 in the case of the cou
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CHAPTER 2 1 Introduction IMMUNITY O
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Immunity of state officials and pro
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PART II: INTERNATIONAL COURTS AND P
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64 Chapter 3 evidentiary areas of i
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66 Chapter 3 pioneering effort in a
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68 Chapter 3 particular group, the
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70 Chapter 3 Indisputably, the abse
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72 Chapter 3 The Akayesu judgment,
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74 Chapter 3 particularly in light
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76 Chapter 3 for the destruction of
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78 Chapter 3 being of persons, in p
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80 Chapter 3 conflict - the ‘war
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82 Chapter 3 Chamber had itself fou
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84 Chapter 3 found in the first pla
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86 Chapter 3 of the Statute than
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88 Chapter 3 The majority’s appro
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90 Chapter 3 duties as a superior e
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92 Chapter 3 present at the trial,
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94 Chapter 3 international crimes.
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96 Chapter 3 advanced nor argued an
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98 Chapter 4 Unlike the Internation
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100 Chapter 4 years imprisonment wh
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102 Chapter 4 The Prosecutor’s de
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104 Chapter 4 2.3 SCSL and the Trut
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106 Chapter 4 who bear the greatest
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108 Chapter 4 responsibility for in
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110 Chapter 4 population’. 76 The
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112 Chapter 4 2.5.1 Acts of terrori
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114 Chapter 4 and Additional Protoc
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116 Chapter 4 Essentially, there mu
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118 Chapter 4 conscription of child
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120 Chapter 5 The United Nations Se
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122 Chapter 5 There are two main th
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124 Chapter 5 goal of rehabilitatio
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126 Chapter 5 that punitur quia pec
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128 Chapter 5 circumstances of the
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130 Chapter 5 retribution, deterren
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132 Chapter 5 Another argument in t
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Page 152 and 153: 140 Chapter 5 Santigie Borbor Kanu
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Page 158 and 159: 146 Chapter 6 However, with the adv
Page 160 and 161: 148 Chapter 6 2. 1 Africa-ICC relat
Page 162 and 163: 150 Chapter 6 national elections, c
Page 164 and 165: 152 Chapter 6 resolution may be ill
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Page 175 and 176: CHAPTER 7 1 Introduction THE TRIAL
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Page 209 and 210: CHAPTER 9 1 Introduction PROSECUTIN
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Page 213 and 214: Prosecuting international crimes by
Page 233 and 234: CHAPTER 10 1 Introduction GENOCIDE
Page 235 and 236: Genocide as prosecuted by the ICTR
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234 Chapter 11 losses in excess of
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236 Chapter 11 piracy’. 14 In add
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238 Chapter 11 aircraft in accordan
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240 Chapter 11 and it is easy to av
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242 Chapter 11 phone. They took ove
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244 Chapter 11 3.3 Capacity problem
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246 Chapter 11 support us. They did
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CHAPTER 12 Benson 1 Introduction PO
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Positive complementarity and the fi
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278 Chapter 13 international crimin
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280 Chapter 13 Africa’s involveme
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282 Chapter 13 countries has tended
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284 Chapter 13 passed domesticating
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286 Chapter 13 crimes within their
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288 Chapter 13 offences. Procedural
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290 Chapter 13 Constitution, 62 thi
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292 Chapter 13 4.1.3 The law regula
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294 Chapter 13 either reciprocal or
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296 Chapter 13 committed to fightin
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298 Chapter 13 The procedure for th
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300 Chapter 13 trial. While the Rom
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302 Chapter 13 Having draft legisla
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CHAPTER 14 Lee 1 Introduction IMPLE
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Implementation of the Rome Statute
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Books SELECTED BIBLIOGRAPHY Allen,
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Selected bibliography 333 Neier A (
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Selected bibliography 335 Chitiyo,
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Selected bibliography 337 Jalloh, C
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Selected bibliography 339 Roht-Arri
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Selected bibliography 341 Report on
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Table of cases 343 Right of Passage
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Table of cases 345 Prosecutor v Vas
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Table of cases 347 Muhimana v Prose
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Table of cases 349 Prosecutor v Rut
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Table of cases 351 and the Governme
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Table of cases 353 Prosecutor v Ses
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Table of cases 355 GAOR, 45th Sess.
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Table of cases 357 R v Bow Street M
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360 Subject index Domestication ...
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362 Subject index S Selective justi
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