The Habré Trial and the Malabo Protocol

Abstract

This chapter situates the Extraordinary African Chambers (EAC) among wider Senegalese and African justice initiatives, examining the EAC as a re-appropriation of international criminal justice by African actors. It is obvious that the trial of Hissène Habré took place in the context of conflictual relations between Africa and the International Criminal Court (ICC). Since the arrest warrant issued for Omar Al Bashir, relations between the ICC and the states forming the African Union (AU) went steadily downhill, to such an extent that the AU came to envisage creating a criminal section within the institution. What people appear to be increasingly witnessing is the determination to regionalize African criminal justice, as may be concluded from the recent adoption of the Malabo Protocol and the call to withdraw from the ICC. The chapter then looks at the dynamics of an emerging regional criminal justice system across Africa. It is important to note that the innovative aspect of the Habré trial that has had the most positive impact was its demonstration of an African determination first to fight against impunity, and second to participate in the progressive development of international criminal justice.