Legal analysis of the case concerning the obligation to prosecute or extradite before the international court of justice (Belgium v. Senegal): a case study

Andrew, Howard (2014) Legal analysis of the case concerning the obligation to prosecute or extradite before the international court of justice (Belgium v. Senegal): a case study. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Universal Jurisdiction has lately become a controversial theme in International Law since more and more people who are being accused of gross violations of human rights and other criminal activities are allowed to stay in other countries than their own origin, such as, Sudan, Senegal, Russia and many others. Indeed, Senegal had also been questioned in allowing Hisene Habre, an individual who was accused of gross human rights misconduct including torture that was done when he was a head of state to reside in such country without even facing the possibility of prosecution. Such possibility even existed, owing the fact that Senegal was already a party to Convention against Torture that mandated those who have allegedly committed torture to be prosecuted before the national courts where they reside, or failing that to extradite such individual to any state that prompted the request to extradite. The main issue that arises is on what condition and when a State shall be subjected to the obligation to prosecute those who have committed torture. Different States that have ratified CAT have different national laws to implement the obligation, namely called as aut dedere aut judicare. Thus, it will be challenging to explore and analyze based on International Law on what standard must be required for States to comply with, in order to implement the obligation of aut dedere aut judicare. Another issue on length of State Responsibility also arises, when obligation to prosecute or extradite that is required under a treaty is not fulfilled. This is because State must readily implement the obligation required by a treaty through its national legislation, so that such obligation can be enforceable in a State territory. Thanks to several draft articles and international documents that formulate the standard of state responsibility, States are encouraged to remove any legislation that is incompatible with its obligation required by a treaty. This thesis presents a comprehensive analysis on this particular topic, and suggests for more efforts of codification of this rule into international treaty law.

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