Editing Hissène Habré (section)

===Trial in Senegal===
The Senegalese government added an amendment in 2008, which would allow Habré to be tried in court. Senegal later changed their position, however, requesting 27 million euros in funding from the international community before going through with the trial. This prompted Belgium to pressure the [[International Court of Justice]] (ICJ) to force Senegal to either extradite Habré to Belgium or to proceed with the trial.<ref name="Savadogo 2014 105–127"/> The ICJ declined to force extradition, finding that prosecution is an international obligation the violation of which is a wrongful act engaging the responsibility of the State, while extradition is an option offered to the State. Senegal was found to have failed international obligations by 1.) failing to make immediately a preliminary inquiry into the fact relating to the alleged crimes; and 2.) failing to submit the case to its competent authorities for prosecution (obligations according to UN Convention on Torture and Other Cruel, inhuman or Degrading Treatment or Punishment (1984) that Senegal had bound itself to).<ref>{{cite web |url=http://jurist.law.pitt.edu/paperchase/2009/05/icj-denies-belgium-request-to-force.php |title=ICJ denies Belgium request to force extraditon of Chad ex-president Habre |author=Andrew Morgan |date=28 May 2009 |work=Jurist |access-date=3 July 2012 |url-status=dead |archive-url=https://web.archive.org/web/20120901183417/http://jurist.law.pitt.edu/paperchase/2009/05/icj-denies-belgium-request-to-force.php |archive-date=1 September 2012}}]</ref> The ICJ rejected Senegal Defenses of insufficient funds and opposition by domestic law, instead unanimously ordering Senegal to submit the case to authorities for prosecution or extradite him without delay.<ref>{{Cite web|url=https://www.icj-cij.org/en/case/144|title=Latest developments {{!}} Questions relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal) {{!}} International Court of Justice|website=www.icj-cij.org|access-date=8 October 2019}}</ref>

In November 2010, the court of justice of the [[Economic Community of West African States]] (ECOWAS) ruled that Senegal could not hold trial in the matter through local court only,<ref name="Savadogo 2014 105–127"/> and asked for the creation of a special tribunal on the matter of Habré's prosecution.<ref name="Savadogo 2014 105–127"/> In April 2011, after initial reticence, Senegal agreed to the creation of an ''ad hoc'' tribunal in collaboration with the African Union, the Chadian state and with international funding.<ref name="Savadogo 2014 105–127"/><ref>{{cite web |url=http://hrbrief.org/2011/04/bringing-hissene-habre-to-justice-senegal-to-create-a-special-tribunal-in-compliance-with-ecowas-court-judgment/ |title=Bringing Hissène Habré to Justice: Senegal to Create a Special Tribunal in Compliance with ECOWAS Court Judgment |author=Christopher Tansey |date=25 April 2011 |work=The Human Rights Brief |access-date=3 July 2012}}</ref>

Senegal changed their position again however, walking out during discussions on establishing the court on 30 May 2011 without explanation.<ref name="Savadogo 2014 105–127"/> The African union commission on Habré, in preparation for their next summit on 30 June, published a report which urged pressing Senegal to extradite Habré to Belgium.<ref>{{cite web |url=http://www.vadvert.co.uk/international/15017-african-union-press-senegal-to-extradite-habre.html |title=African Union: Press Senegal to Extradite Habré |date=29 June 2011 |publisher=vadvert.co.uk |access-date=3 July 2012 |archive-url=https://web.archive.org/web/20120315094243/http://www.vadvert.co.uk/international/15017-african-union-press-senegal-to-extradite-habre.html |archive-date=15 March 2012 |url-status=dead}}</ref>

On 8 July 2011, Senegalese officials announced that Habré would be extradited to Chad on 11 July,<ref>{{cite web |url=https://www.bbc.co.uk/news/world-africa-14097937 |title=Senegal urged to halt ex-Chad leader Habre extradition |date=10 July 2011 |publisher=BBC News |access-date=3 July 2012}}</ref> but this was subsequently halted.<ref>{{cite news |url=https://www.bbc.co.uk/news/world-africa-14101258 |title=Senegal suspends Hissene Habre's repatriation to Chad |date=10 July 2011 |publisher=BBC News |access-date=3 July 2012}}</ref> In July 2012, the ICJ ruled that Senegal must start Habré's trial "without delay".<ref name="Savadogo 2014 105–127"/> [[Amnesty International]] called on Senegal to abide by the ICJ's ruling, calling it "a victory for victims that's long overdue".<ref>{{Cite news|author=Staff|date=20 July 2012|title=Hissene Habre: ICJ rules Senegal must try ex-Chad leader immediately|publisher=BBC News|url=https://www.bbc.co.uk/news/world-africa-18920422|access-date=20 July 2012}}</ref> A trial by the [[International Criminal Court]] (ICC) was ruled out, because the crimes took place before the ICC was fully established in 2002, and its jurisdiction is limited to events that took place after that date.<ref>{{Cite news|url=https://www.nytimes.com/2016/05/31/world/africa/hissene-habre-leader-chad-war-crimes.html|title=Hissène Habré, Ex-President of Chad, Convicted of War Crimes|last=Searcey|first=Dionne|date=30 May 2016|newspaper=The New York Times|issn=0362-4331|access-date=30 May 2016}}</ref>

In December 2012, the [[Parliament of Senegal]] passed a law allowing for the creation of an international tribunal in Senegal to try Habre. The judges of the tribunal would be appointed by the [[African Union]], and come from elsewhere in Africa.<ref name="autogenerated1"/>

On 30 June 2013, Habré was arrested in Senegal by the Senegalese police.<ref>{{cite news |title=Senegal Detains Ex-President of Chad |url=https://www.nytimes.com/2013/07/01/world/africa/senegal-detains-ex-president-of-chad.html?partner=rss&emc=rss&smid=tw-nytimes&_r=0 |newspaper=The New York Times |date=30 June 2013 |access-date=30 June 2013 |last1=Nossiter |first1=Adam}}</ref> Chadian President Idriss Déby said of his arrest that it was a step towards "an Africa free of all evil, an Africa stripped of all dictatorships." Senegal's court, set up with the African Union, charged him with crimes against humanity and torture.<ref>{{cite web|url=http://www.aljazeera.com/news/africa/2013/07/201372172021789263.html|title=Ex-Chad leader charged over war crimes|access-date=8 March 2015}}</ref> That year he was also [[Capital punishment|sentenced to death]] [[Trial in absentia|in absentia]] for crimes against humanity by a Chadian court.<ref>{{Cite news|url=https://www.bbc.com/news/world-africa-36411466|title=Hissene Habre: Chad's ex-ruler convicted of crimes against humanity|publisher=BBC News|date=30 May 2016|language=en-GB|access-date=30 May 2016}}</ref> The Tribunal that judged Hissène Habré in Sénégal is said to have a huge range of specificities.<ref name="Savadogo 2014 105–127"/>{{clarify|date=May 2021}}

On 20 July 2015 the trial started. Waiting for the trial to open, Habré shouted: "Down with imperialists. [The trial] is a farce by rotten Senegalese politicians. African traitors. Valet of America". After that Habré was taken out of the courtroom and the trial began without him.<ref>{{cite news |author=Aislinn Laing |title='African traitors!' Chad dictator trial in Senegal has a chaotic start |newspaper=[[The Daily Telegraph]] |date=20 July 2015 |url=https://www.telegraph.co.uk/news/worldnews/africaandindianocean/chad/11751047/Former-Chadian-dictator-Hissene-Habre-faces-trial-in-new-African-courtHissene-Habre.html |archive-url=https://web.archive.org/web/20150720215927/http://www.telegraph.co.uk/news/worldnews/africaandindianocean/chad/11751047/Former-Chadian-dictator-Hissene-Habre-faces-trial-in-new-African-courtHissene-Habre.html |url-status=dead |archive-date=20 July 2015 |access-date=20 July 2015}}</ref><ref>{{cite news |title=Chad's Hissene Habre removed from Senegal court |publisher=[[BBC News]] |date=20 July 2015 |url=https://www.bbc.com/news/world-africa-33592142 |access-date=20 July 2015}}</ref> On 21 July 2015 Habré's trial was postponed to 7 September 2015, after his lawyers refused to participate in court.<ref>{{cite news |title=Trial of Chad's ex-dictator Habré adjourned to September 7 |newspaper=[[France 24]] |date=21 July 2015 |url=http://www.france24.com/en/20150721-senegal-trial-chad-ex-dictator-habre-adjourned-september-7 |access-date=24 July 2015}}</ref><ref>{{cite news |title=Chad's Hissene Habre forced to appear in court |quote=The trial has been suspended until 7 September after Mr Habre and his lawyers refused to speak to the judge. |publisher=[[BBC News]] |date=21 July 2015 |url=https://www.bbc.com/news/world-africa-33607843| access-date=24 July 2015}}</ref><ref>{{cite news |author=Diadie Ba |title=Trial of Chad's Habre suspended after boycott by his lawyers |publisher=[[Reuters]] |date=21 July 2015 |url=https://www.reuters.com/article/us-senegal-justice-habre-idUSKCN0PV11K20150721 |access-date=24 July 2015}}</ref><ref>{{cite news |author=Thierry Cruvellier |title=For Hissène Habré, a Trial by Refusal |newspaper=[[The New York Times]] |date=27 July 2015 |url=https://www.nytimes.com/2015/07/28/opinion/for-hissene-habre-a-trial-by-refusal.html |access-date=28 July 2015}}</ref>