Universal Jurisdiction as a Tool in Promoting Accountability for International Crimes in Africa: Exploring the Significance of Hissene Habre’s Conviction

Abstract

The 2016 conviction of Hissene Habre, the former President of Chad in Senegal for international crimes committed in Chad marked the first-ever conviction based on the principle of universal jurisdiction on the African continent. Universal jurisdiction is an international law principle under which any country can prosecute a foreign national in its own domestic courts for international crimes committed on foreign soil and against foreign victims. The conviction of Hissene Habre has been hailed as a significant milestone in the area of international criminal justice in Africa. Amidst increasing calls for African states to take the leading role in the prosecution of international crimes committed on African soil, Hissene Habre’s conviction carried with it new hope that an African led international criminal justice system was possible. This chapter therefore interrogates the contribution and significance of Habre’s conviction with respect to universal jurisdiction as a tool in promoting accountability for international crimes on the African continent. In framing the discussion on the significance of Habre’s conviction, the chapter sets off by interrogating the concept of universal jurisdiction and also considers the interplay between universal jurisdiction and the seemingly opposing principle of non-intervention in the internal affairs of other states. The chapter further examines how universal jurisdiction was used as a tool in bringing Habre to account for the crimes committed and the legacy of Habre’s conviction with respect to the application of universal jurisdiction in Africa.