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Questions relating to the Obligation to Prosecute or Extradite

International Court of Justice.  28 May 2009 ; 20 July 2012 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International Court of Justice — Provisional measures — Criteria for indication of provisional measures — Prima facie basis for jurisdiction — Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984, Article 30 — Whether dispute between Parties regarding interpretation or application of the Convention — Procedural conditions of negotiation and arbitration — Requirement of urgency — Risk of irreparable prejudice to rights of Parties

International Court of Justice — Jurisdiction — Dispute — Definition of dispute — Change of original scope of dispute — Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984, Article 30 — Failure of negotiations — Failure to agree on organization of arbitration — No need to consider Statute of the International Court of Justice, Parties’ declarations under Article 36(2) — Customary international law

International Court of Justice — Admissibility — Standing — Special interest of Belgium — Obligations erga omnes partes under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984

Treaties — Interpretation — Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984, Articles 5(2), 6(1) and 7(2) — Whether Senegal established jurisdiction over crimes of torture in its domestic law — Whether Senegal conducted preliminary inquiry — Whether Senegal submitted Mr Habré’s case to its competent authorities for the purpose of prosecution — Extradition as an option, not an obligation

Type
Case Report
Copyright
© Cambridge University Press 2018

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