The First Steps of the Extraordinary African Chambers. A New Mixed Criminal Tribunal?

On 8 February 2013, the Extraordinary African Chambers (EAC) were established in Senegal with the mandate of prosecuting the former Chadian dictator, Hisse' ne Habre¤ , for international crimes allegedly committed in his country more than 20 years ago. This article outlines the distinctive features of the EAC, as a court whose background is fully regional, unrelated to the United Nations’ (UN) post-conflict peace-building activities. The author examines the roles of the African Union (AU), the Court of Justice of the Economic Community of West African States and the International Court of Justice in the creation of the EAC. The EAC forms part of the Senegalese judicial system. It could be viewed as a measure taken by Senegal to comply with certain international obligations enshrined in the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment of 10 December 1984 (CAT). As the custodial state, Senegal’s acts were based on universal jurisdic- tion, given the incapacity of the primarily responsible state party to the CAT (Chad), which is also a member of the same regional organization supporting Senegal’s action (AU), to try Habre¤ . The author argues that the EAC constitutes a novel body, having no long-term spillover effects within the territorial state. It is thus not a mixed criminal tribunal proper and is meant to pursue new uses and purposes