The President on Trial

Prosecuting Hissène Habré

Inbunden, Engelska, 2020

AvWEILL ET AL,Weill Et Al,Sharon Weill,Kim Thuy Seelinger,Kerstin Bree Carlson,Paris) Weill, Sharon (Assistant Professor, The American University of Paris and Senior Lecturer in International Law and Associate Researcher, Assistant Professor, The American University of Paris and Senior Lecturer in International Law and Associate Researcher, Sciences-Po,Washington University in St. Louis) Thuy Seelinger, Kim (Research Associate Professor at the Brown School, Visiting Professor of Law, and Director of the Center for Human Rights, Gender, and Migration, Research Associate Professor at the Brown School, Visiting Professor of Law, and Director of the Center for Human Rights, Gender, and Migration,University of Southern Denmark) Carlson, Kerstin Bree (Associate Professor in the Law Department, Associate Professor in the Law Department

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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.

Produktinformation

Utgivningsdatum2020-05-28
Mått179 x 252 x 33 mm
Vikt988 g
FormatInbunden
SpråkEngelska
Antal sidor460
FörlagOUP OXFORD
ISBN9780198858621

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Dr. Sharon Weill is Assistant Professor at The American University of Paris and a Senior Lecturer in international law and associate researcher at Sciences-Po, Paris (PSIA/CERI). Her particular field of interest is the relationship between international and domestic law, the politics of international law and the role of courts- topics on which she has published several articles and book chapters. Her post-doctoral research on the Guantanamo Bay military commissions was conducted at the Center for the Study of Law and Society, University of California, Berkeley (2015-2016). Prior to that, she participated in the European research project "Security in Transition" led by Professor Mary Kaldor (London School of Economic), and was a research fellow at the Geneva Academy of International Humanitarian and Human rights law for several years. She received her PhD in international law from the University of Geneva in 2012.Kim Thuy Seelinger, JD, is Research Associate Professor at the Brown School and Visiting Professor of Law, Washington University in St. Louis, where she is also the inaugural director of the cross-disciplinary Center for Human Rights, Gender, and Migration under the Institute of Public Health. From 2010-2019, Seelinger served as the founding Director of the Sexual Violence Program at the Human Rights Center at the University of California, Berkeley, School of Law, where she remains a Research Fellow. In 2015, she co-authored an amicus curiae brief on sexual violence under customary international law in the Habré case. Seelinger received her JD from New York University School of Law and is a member of the New York bar.Dr Kerstin Bree Carlson is Associate Professor in the Law Department of the University of Southern Denmark, where she teaches in the Masters of International Security and Law program. She is also affiliated with The American University of Paris and iCourts at the University of Copenhagen. Carlson began her work on the Habré trial in 2015 as a post-doctoral researcher at iCourts at the University of Copenhagen, and did extensive field research in Dakar. Carlson received her JD and PhD degrees from the University of California, Berkeley.

Foreword, Denis Mukwege, 2018 Nobel Peace Prize Co-recipientHissène 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 ActorsEditors' IntroductionA. 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 Commission3: Documenting Crimes and Organizing Victims in Chad, Souleymane Guengueng, Founder of the Association of Victims of Political Repression in Chad4: 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 justice5: 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 Judge7: In His Own Words: An Interview with Hissène Habré, Excerpted interview from La Gazette, Dakar, 2011B. Establishing the Court8: 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 Rights9: Arresting Habré, Marcel Mendy, Coordinator of the EAC Communications Unit10: Investigations in Senegal and Chad: Cooperation and Challenges, Judge Jean Kandé, Investigating judge at the EAC11: Managing the EAC, Amadou Mokhtar Seck, EAC Administration and Finance Office12: Professionalizing a Political Trial: A Clerk's Perspective, Abouly Ba, clerk at the EACC. The Trial13: Prosecuting International Crimes in Senegal, Mbacke Fall, EAC Prosecutor14: Defending Habré, Mounir Ballal, court-appointed defense lawyer before the EAC15: From Victim to Witness and the Challenges of Sexual Violence Testimony, Jacqueline Moudeina, Victims' Legal Counsel before the EAC16: Supporting Victims at Trial: Civil Parties' Perspective, Alain Werner and Emmanuelle Marchand, Legal consultants for Civil Parties during the trial17: Can we be friends? Offering an Amicus Curiae Brief to the EAC, Kim Thuy Seelinger, Naomi Fenwick, Khaled Alrabe, UC Berkeley18: 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 Prosecutor19: The Habré Appeals Decision: A Summary of the Appeal Decision of the EAC, Elise Le Gall20: Reflections on the Habré Appeals Decision, Judge Ouagadeye Wafi, EAC Appeals Chamber21: The Real Fight Begins; Victims Struggle for an Effective Right to Reparation, Gaëlle Carayon and Jeanne Sulzer (Redress/FIDH)D. Beyond the Courtroom22: A Donor's Perspective, Sarah Valentina Fall, Human Rights and Human Security program, Swiss Embassy in Dakar23: Outreach for the EAC: An Extraordinary Experience, Franck Petit, team leader for the Outreach Consortium on the EAC24: Covering Habré: The Diary of a Local Journalist, Ngoundji Dieng, Senegalese Journalist for Senegalese daily, The Quotidien25: Prosecutions in Chad, Henri Thulliez, Senior coordinator for Human Rights Watch26: Academia as Partner in the Habré Trial, Érick Sullivan and Fannie Lafontaine, The Clinic for International Criminal and Humanitarian Law (CDIPH), Laval University, CanadaPart II. Reflections on the Significance of the Habré Case and BeyondEditors' IntroductionA. Portraits, Positionality, Paradigms27: Africa Against Global Justice? Stakes for Building a Political Sociology on the Futures of International Criminal Justice, Sara Dezalay28: The Habré trial and the Malabo Protocol: An Emerging African Criminal Justice?, Ndeye Amy Ndiaye29: Expertise in the Bench? The Dis-Embeddedness of International Criminal Justice, Julien Seroussi30: Hybrid Justice and the Rights of the Defence: Existence at the Periphery, Dov JacobsB. Institutions, Norms, and Pillars31: Hybrid: A Spectrum of Possibilities, Mark Kersten and Kirsten Ainley32: "Civil Law" v. "Common Law" Criminal Procedure: The Key or the Lock for ICL Success, Leila Bourguiba33: 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 Baiesu34: Victims as a Third Party at the ICCL Empowerment of Victims?, Liesbeth ZegveldC. Capturing the Judicial Process: Actors and Dynamics35: "We Will Not Go Away": The Participation of Victims in International Criminal Tribunals, Eric Stover and Stephen Cody36: Reparations and the Habré Trial in Context, Christophe Sperfeldt37: Hybrid Courts and Amicus Curiae Briefing, Sarah Williams38: "Sexualized Slavery" and Customary International Law, Patricia Sellers and Jocelyn Kestenbaum39: Witness Protection, Nancy CombsD. The Political and its Interaction: Captured Institutions?40: Hissène Habré, the Little Bird on the Brance, and the Challenges of International Criminal Justice, Pierre Hazan41: The ICC and Africa, Richard Goldstone42: The 'Habré Effect', Universal Jurisdiction and Courts in Africa, Mia Swart43: Main Challenges and the Future of International Criminal Law, William Schabas

Ultimately, The President on Trial is a distinctive and timely read on an emblematic case. It captures the current preoccupations and hopes of advocates and practitioners of international criminal justice, at a time marked by a much - discussed African backlash against the International Criminal Court. The book looks back on the history of the Habré trial but remains rooted in the present and turned towards to the future, aiming to explore - and perhaps challenge - assumptions that the trial is doomed to be a precedent with no future.