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Separate Opinion of Judge A.A. Cançado Trindade in the Case of Questions Relating to the Obligation to Prosecute or Extradite (Belgium versus Senegal, Merits, Judgment of 20.07.2012)

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Chapter Summary

This chapter discusses the present Judgment in the case concerning Questions Relating to the Obligation to Prosecute or Extradite (Belgium versus Senegal), whereby the International Court of Justice (ICJ) has established violations of Articles 6(2) and 7(1) of the 1984 United Nations (UN) Convention against Torture. The author discusses the factual background of the present case: the regime Habré in Chad (1982-1990) in the findings of the Chadian Commission of Inquiry (Report of 1992); the significance of the decision of 2006 of the UN Committee against Torture; the clarifications on the case before the ICJ, in the responses to questions put to the contending parties in the course of the legal proceedings; and the everlasting quest for the realization of justice in the present case. The author discusses rebuttal of a regressive interpretation of the UN Convention against Torture.

Keywords: Belgium; Chadian Commission; International Court of Justice; Senegal; Torture; United Nations



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