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The President on Trial: Prosecuting Hissene Habre

Edited by: Sharon Weill, Kim Thuy Seelinger, Kerstin Bree Carlson

ISBN13: 9780198858621
Published: May 2020
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £130.00



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During the 1980s, thousands of Chadian citizens were detained, tortured, and raped by then-President Hissène Habré's security forces. Decades later, Habré was finally prosecuted for his role in these atrocities not in his own country or in The Hague, but across the African continent, at the Extraordinary African Chambers in Senegal. By some accounts, Habré's trial and conviction by a specially built court in Dakar is the most significant achievement of global criminal justice in the past decade. Simply creating a court and commencing a trial against a deposed head of state was an extraordinary success. With its 2016 judgment, affirmed on appeal in 2017, the hybrid tribunal in Senegal exceeded expectations, working to deadlines and within its budget, with no murdered witnesses or self-dealing officials.

This book details and contextualizes the Habré trial. It presents the trial and its impact using a novel structure of first-person accounts from 26 direct actors (Part I), accompanied by academic analysis from leading experts on international criminal justice (Part II). Combined, these views present both local and international perspectives through distinct but inter-locking parts: empirical source material from understudied actors both within and outside the court is then contextualized with expert analysis that reflects on the construction and work of: the Extraordinary African Chamber (EAC) as well as wider themes of international criminal law. Together with an introduction laying out the work and significance of the EAC and its trial of Hissène Habré, the book is a comprehensive consideration of a history-making trial.

Subjects:
International Criminal Law
Contents:
Foreword, Denis Mukwege, 2018 Nobel Peace Prize Co-recipient
Hissène Habré on Trial: Mapping the Long Road to Justice (Sharon Weill, Kim Thuy Seelinger, and Kerstin Carlson)
Part I. The Trial as Told by its Actors
Editors' Introduction
A. Early Prosecution Attempts (1982-2012)
1: The 'Archives of Terror', Olivier Bercault, Human Rights Watch coordinator of the case (2000- 2008).
2: The Making of Chad's Truth Commission, Judge Abakar Mahamat Hassan, President of the Chadian Truth Commission
3: Documenting Crimes and Organizing Victims in Chad, Souleymane Guengueng, Founder of the Association of Victims of Political Repression in Chad
4: Tenacity, Perseverance, and Imagination in the 'Private International Prosecution' of Hissène Habré, Reed Brody, Senior Counsel with Human Rights Watch and architect of Chadian victims' long campaign for justice
5: Defending Habré in Senegal During the Early Years, Hélene Cissé, member of Habré's defence team in the first domestic proceedings in Senegal (1999-2001)
6: The Belgian Investigation of the Habré Regime, Excerpt of EAC trial testimony of Daniel Fransen, Belgian Investigating Judge
7: In His Own Words: An Interview with Hissène Habré, Excerpted interview from La Gazette, Dakar, 2011
B. Establishing the Court
8: Creating the EAC in Senegal: Perspectives from the African Union, Ben Kioko, Former Legal Counsel to the Commission of the African Union and judge on the African Court on Human and People's Rights
9: Arresting Habré, Marcel Mendy, Coordinator of the EAC Communications Unit
10: Investigations in Senegal and Chad: Cooperation and Challenges, Judge Jean Kandé, Investigating judge at the EAC
11: Managing the EAC, Amadou Mokhtar Seck, EAC Administration and Finance Office
12: Professionalizing a Political Trial: A Clerk's Perspective, Abouly Ba, clerk at the EAC
C. The Trial
13: Prosecuting International Crimes in Senegal, Mbacke Fall, EAC Prosecutor
14: Defending Habré, Mounir Ballal, court-appointed defense lawyer before the EAC
15: From Victim to Witness and the Challenges of Sexual Violence Testimony, Jacqueline Moudeina, Victims' Legal Counsel before the EAC
16: Supporting Victims at Trial: Civil Parties' Perspective, Alain Werner and Emmanuelle Marchand, Legal consultants for Civil Parties during the trial
17: Can we be friends? Offering an Amicus Curiae Brief to the EAC, Kim Thuy Seelinger, Naomi Fenwick, Khaled Alrabe, UC Berkeley
18: The Habré Trial Judgement: A Summary of the First Instance Judgements of the EAC, Elise Le Gall, International Criminal Law expert with the EAC Office of the Prosecutor
19: The Habré Appeals Decision: A Summary of the Appeal Decision of the EAC, Elise Le Gall
20: Reflections on the Habré Appeals Decision, Judge Ouagadeye Wafi, EAC Appeals Chamber
21: The Real Fight Begins
Victims Struggle for an Effective Right to Reparation, Gaëlle Carayon and Jeanne Sulzer (Redress/FIDH)
D. Beyond the Courtroom
22: A Donor's Perspective, Sarah Valentina Fall, Human Rights and Human Security program, Swiss Embassy in Dakar
23: Outreach for the EAC: An Extraordinary Experience, Franck Petit, team leader for the Outreach Consortium on the EAC
24: Covering Habré: The Diary of a Local Journalist, Ngoundji Dieng, Senegalese Journalist for Senegalese daily, The Quotidien
25: Prosecutions in Chad, Henri Thulliez, Senior coordinator for Human Rights Watch
26: Academia as Partner in the Habré Trial, Érick Sullivan and Fannie Lafontaine, The Clinic for International Criminal and Humanitarian Law (CDIPH), Laval University, Canada
Part II. Reflections on the Significance of the Habré Case and Beyond
Editors' Introduction
A. Portraits, Positionality, Paradigms
27: Africa Against Global Justice? Stakes for Building a Political Sociology on the Futures of International Criminal Justice, Sara Dezalay
28: The Habré trial and the Malabo Protocol: An Emerging African Criminal Justice?, Ndeye Amy Ndiaye
29: Expertise in the Bench? The Dis-Embeddedness of International Criminal Justice, Julien Seroussi
30: Hybrid Justice and the Rights of the Defence: Existence at the Periphery, Dov Jacobs
B. Institutions, Norms, and Pillars
31: Hybrid: A Spectrum of Possibilities, Mark Kersten and Kirsten Ainley
32: "Civil Law" v. "Common Law" Criminal Procedure: The Key or the Lock for ICL Success, Leila Bourguiba
33: The ICJ's Senegal v. Belgium Judgment and the Obligation to Prosecute or Extradite Alleged Torturers: The Case of Al Bashir and the ICC, Manuel Ventura and Victor Baiesu
34: Victims as a Third Party at the ICCL Empowerment of Victims?, Liesbeth Zegveld
C. Capturing the Judicial Process: Actors and Dynamics
35: "We Will Not Go Away": The Participation of Victims in International Criminal Tribunals, Eric Stover and Stephen Cody
36: Reparations and the Habré Trial in Context, Christophe Sperfeldt
37: Hybrid Courts and Amicus Curiae Briefing, Sarah Williams
38: "Sexualized Slavery" and Customary International Law, Patricia Sellers and Jocelyn Kestenbaum
39: Witness Protection, Nancy Combs
D. The Political and its Interaction: Captured Institutions?
40: Hissène Habré, the Little Bird on the Brance, and the Challenges of International Criminal Justice, Pierre Hazan
41: The ICC and Africa, Richard Goldstone
42: The 'Habré Effect', Universal Jurisdiction and Courts in Africa, Mia Swart
43: Main Challenges and the Future of International Criminal Law, William Schabas