The president on trial : prosecuting Hissène Habré
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The president on trial : prosecuting Hissène Habré
Oxford University Press, 2020
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Includes bibliographical references and index
内容説明・目次
内容説明
During the 1980s, thousands of Chadian citizens were detained, tortured, and raped by then-President Hissene Habre's security forces. Decades later, Habre 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, Habre'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 Habre 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 Hissene Habre, the book is a comprehensive
consideration of a history-making trial.
目次
- Foreword, Denis Mukwege, 2018 Nobel Peace Prize Co-recipient Hissene Habre 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 Hissene Habre, Reed Brody, Senior Counsel with Human Rights Watch and architect of Chadian victims' long campaign for justice 5: Defending Habre in Senegal During the Early Years, Helene Cisse, member of Habre's defence team in the first domestic proceedings in Senegal (1999-2001) 6: The Belgian Investigation of the Habre Regime, Excerpt of EAC trial testimony of Daniel Fransen, Belgian Investigating Judge 7: In His Own Words: An Interview with Hissene Habre, 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 Habre, Marcel Mendy, Coordinator of the EAC Communications Unit 10: Investigations in Senegal and Chad: Cooperation and Challenges, Judge Jean Kande, 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 Habre, 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 Habre 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 Habre Appeals Decision: A Summary of the Appeal Decision of the EAC, Elise Le Gall 20: Reflections on the Habre Appeals Decision, Judge Ouagadeye Wafi, EAC Appeals Chamber 21: The Real Fight Begins
- Victims Struggle for an Effective Right to Reparation, Gaelle 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 Habre: 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 Habre Trial, Erick Sullivan and Fannie Lafontaine, The Clinic for International Criminal and Humanitarian Law (CDIPH), Laval University, Canada Part II. Reflections on the Significance of the Habre 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 Habre 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 Habre 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: Hissene Habre, the Little Bird on the Brance, and the Challenges of International Criminal Justice, Pierre Hazan 41: The ICC and Africa, Richard Goldstone 42: The 'Habre Effect', Universal Jurisdiction and Courts in Africa, Mia Swart 43: Main Challenges and the Future of International Criminal Law, William Schabas
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