The Chambres Africaines Extraordinaires (CAE), ad hoc chambers operating under the auspices of the Dakar municipal courts, were constructed to try Hissène Habré. In targeting Habré, the CAE was designed to appease Chadian calls for justice (from Habré’s victims, on one hand, and the Déby regime, on the other), resolve Senegal’s impasse over the legality of Habré’s culpability and allow the African Union to meet its leadership obligations. To this tall order, the CAE was required to exercise legitimate judicial authority in the contested sphere of international criminal law (ICL), where content is pluralist and political. |
African Journal of International Criminal Justice
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In Memoriam |
In Memoriam: M. Cherif Bassiouni (1937-2017) |
Editorial |
Note to Readers |
Article |
Joint Criminal Enterprise before the Chambres Africaines ExtraordinairesHissène Habré’s Direct and Indirect Criminal Liability |
Keywords | International criminal law, joint criminal enterprise, complicity, Chambres Africaines Extraordinaires / Extraordinary African Chambers, hybrid tribunals |
Authors | Kerstin Bree Carlson |
AbstractAuthor's information |
The Extraordinary African Chambers (CAE) within the courts of Senegal were created by the Agreement between the Republic of Senegal and the African Union of 22 August 2012 to prosecute international crimes committed in Chad between 7 June 1982 and 1 December 1990. The Chambers are governed by a Statute. For those cases not provided for in the Statute, the Chambers shall apply Senegalese law. Both laws, one of international or conventional nature and the other one national, could be applied to a trial in compliance with international standards. However, the Statute has priority over Senegalese legislation. It is indeed the Statute that is asked to settle all questions that may arise and that has made specific selective references and for any other point that it could not have foreseen. |
Article |
Le jugement de Hissène HabréUne justice réparatrice exemplaire? |
Keywords | Restorative justice / justice réparatrice, victim / victime, reparation / réparation, Trust Fund for Victims / Fonds au profit des victimes, compensation / indemnisation |
Authors | Etienne Kentsa |
AbstractAuthor's information |
The ruling of the African Extraordinary Chamber of Appeal in the Habré case is a resounding precedent, particularly in the area of reparations for victims of serious violations of international law. This article focuses on the process of identifying victims or beneficiaries of reparations and the reasons that led judges to favor compensation as a form of reparation. Moreover, the modalities for the implementation of reparations awarded are of paramount importance since, in the absence of effective remedies, the interest of the procedure would be considerably diminished. The implementation of reparations will certainly be the ultimate battle of the victims. Funding for the Trust Fund for Victims (FPV) is still expected. The Fund is expected to play a key role in implementing reparations for victims, the final judgment in this case is already an important precedent. Not only does it contribute to the consolidation of some advances in international criminal law in the field of restorative justice, but it also symbolizes Africa’s ability to prosecute and try the most serious international crimes committed in the region. |
Legal Documents |
Arrêt Le Procureur General c. Hissein HabréChambre Africaine Extraordinaire d’Assises d’Appel |