Hostname: page-component-cd9895bd7-gxg78 Total loading time: 0 Render date: 2024-12-23T16:44:54.052Z Has data issue: false hasContentIssue false

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

Get access

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)