Questions Relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal)

International Court of Justice

2012 I.C.J. 422

Relevant factsFree

Belgium (plaintiff) sought to compel Senegal (defendant) to prosecute or extradite former Chadian president Hissene Habre, accused of torture and crimes against humanity, based on the United Nations Convention against Torture and customary international law.

IssueFree

Whether the prohibition of torture is jus cogens.

Holding & reasoning

The court resolved the question by applying the controlling rule to the facts and explaining precisely why the outcome followed. Its reasoning ties the doctrine to the record so you can reproduce the analysis on an exam.

Procedural history, concurrence & dissent

This section traces the case from the trial court through appeal and lays out how each opinion lands. Separate writings sharpen the majority's limits and flag the arguments most likely to resurface in class.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Start free Log in

Related cases

Jurisdictional Immunities of the State (Germany v. Italy: Greece Intervening)2012 I.C.J. 99 Regina v. Bartle, Bow Street Stipendiary Magistrate & Commissioner of Police, Ex Parte Pinochet2 W.L.R. 827, 38 I.L.M. 581 (1999)The Michael Domingues Case: Report of the Inter-American Commission on Human RightsMichael Domingues/United States, Oct. 22, 2002 Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States) (Merits)1986 I.C.J. 14 Committee of U.S. Citizens Living in Nicaragua v. Reagan859 F.2d 929 (1988)