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Habré v. Republic of Senegal

Court of Justice of the Economic Community of West African States (ECOWAS).  14 May 2010 ; 18 November 2010 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International tribunals — Court of Justice of the Economic Community of West African States (“ECOWAS”) — Preliminary objections — Jurisdiction — Admissibility — Article 10(d) of ECOWAS Supplementary Protocol, 2005 — Requirement of non-anonymity of applications — Requirement that no parallel proceedings before another international court — African Union decision

Human rights — Treaties — Senegal’s obligations under international human rights treaties — Senegal’s constitutional and legislative amendments — Hypothetical violations of human rights — Reasonable and convincing evidence — Mandate of the African Union — Standing to invoke non-compliance of Member States under ECOWAS Protocol on Democracy and Good Governance, 2001

Treaties — Interpretation — Universal Declaration of Human Rights, 1948 — International Covenant on Civil and Political Rights, 1966 — African Charter on Human and Peoples’ Rights, 1981 — ECOWAS Protocol on Democracy and Good Governance, 2001 — Non-retroactivity of criminal law — Right to effective remedy — Whether right to constitutional appeal — Res judicata — Equality before the law and before the courts — Independence of judiciary — Separation of powers — Right to a fair trial — Principle of constitutional convergence

International organizations — African Union — Powers — Mandate for trial of former President of Chad

Type
Case Report
Copyright
© Cambridge University Press 2018

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