The President on Trial
Prosecuting Hissene Habre
By: Sharon Weill (Editor), Kim Thuy Seelinger (Editor), Kerstin Bree Carlson (Editor)
Hardcover | 4 June 2020
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464 Pages
24.89 x 17.27 x 3.3
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This book details and contextualizes the Habre trial. It presents the trial and its impact using a novel structure of first-person accounts from 26 direct actors (Part I), accompanied by academic analysis from leading experts on international criminal justice (Part II). Combined, these views present both local and international perspectives through distinct but inter-locking parts: empirical source material from understudied actors both within and outside the court is then contextualized with expert analysis that reflects on the construction and work of the East African Community (EAC) as well as wider themes of international criminal law. Together with an introduction laying out the work and significance of the EAC and its trial of Hissene Habre, the book is a comprehensive consideration of a history-making trial.
Industry Reviews
The President on Trial is a collection rich in material about the inner workings of the EAC and the place it occupies within the ever-expanding universe of hybrid courts ... this edited volume is the most comprehensive resource available on the Habre trial and a must-read for anyone interested in the real-time operation of hybrid courts. * Valerie Arnould, International Criminal Law Review *
... the book is exceptionally readable and engaging, and offers a 360-degree perspective of the court and trial, giving voice to the victims and their representatives, NGO actors, the prosecution, defence counsel, sexual violence experts and advocates, international actors, administrators, journalists, commentators, academics, and even the accused himself. It is one of those rare works that bridge practice and theory, and it should serve as a model for future analyses of courts and institutions. * Alex Whiting, Deputy Specialist Prosecutor, Kosovo Specialist Chambers, The Hague, Journal of International Criminal Justice *
[The President on Trial] should be required reading for any sociolegal scholar. Not just because of its theoretical value, which is impressive, but because of its powerful reflection of a variety of human experiences as the personal and professional lives of the contributors collide with the hard life of the law. * Alexa Koenig, School of Law, University of California, Law and Society Review *
The President on Trial is a tour-de-force. Edited by three distinguished international law scholars, the forty-three chapters of this volume are undoubtedly the definitive work on the trial of Hissene Habre before the Extraordinary African Chambers. A must read for any serious scholar or practitioner of international criminal justice. * Leila Sadat, Professor of International Criminal Law, Washington University in St Louis and Special Adviser on Crimes Against Humanity to the ICC Prosecutor *
A work of hope for accountability: Together, these remarkable essays will surely serve as the first point of reference on the story of Hissene Habre's terrible crimes and the long path to justice. * Philippe Sands, Author of East West Street, Professor of Law and Director of the Centre on International Courts and Tribunals, UCL *
The President on Trial makes an important empirical and methodological addition to the study of international courts. By combining first-person accounts and academic contextualizations, the book provides an encyclopedic account of the construction of a hybrid tribunal to address crimes against humanity committed by Chad's regime as well as a model for how to study new judicial institutions. * Mikael Rask Madsen, Professor and Director of iCourts, Centre of Excellence for International Courts, University of Copenhagen, Denmark *
At a time when we are told that international criminal justice cannot work - this it is too weak, too slow, expensive, too disillusioning - this book stands for the proposition that it can work and has worked. In a novel and innovative study, the three author-editors bring the voices of participants to the fore, and in so doing reveal how it was possible to hold a powerful head of state to account for a multiplicity of heinous crimes. It is at once a moving account of a singularly important trial, and a model of scholarship. * Malcolm M. Feeley, Claire Sanders Clements Dean's Professor Emeritus, Berkeley School of Law26/06/2020. *
Hissène Habré on Trial: Mapping the Long Road to Justice (Sharon Weill, Kim Thuy Seelinger, and Kerstin Carlson)
Part I. The Trial as Told by its Actors Editors' Introduction
A. Early Prosecution Attempts (1982-2012)
1: The 'Archives of Terror', Olivier Bercault, Human Rights Watch coordinator of the case (2000- 2008). 2: The Making of Chad's Truth Commission, Judge Abakar Mahamat Hassan, President of the Chadian Truth Commission 3: Documenting Crimes and Organizing Victims in Chad, Souleymane Guengueng, Founder of the Association of Victims of Political Repression in Chad 4: Tenacity, Perseverance, and Imagination in the 'Private International Prosecution' of Hissène Habré, Reed Brody, Senior Counsel with Human Rights Watch and architect of Chadian victims' long campaign for justice 5: Defending Habré in Senegal During the Early Years, Hélene Cissé, member of Habré's defence team in the first domestic proceedings in Senegal (1999-2001) 6: The Belgian Investigation of the Habré Regime, Excerpt of EAC trial testimony of Daniel Fransen, Belgian Investigating Judge 7: In His Own Words: An Interview with Hissène Habré, Excerpted interview from La Gazette, Dakar, 2011
B. Establishing the Court
8: Creating the EAC in Senegal: Perspectives from the African Union, Ben Kioko, Former Legal Counsel to the Commission of the African Union and judge on the African Court on Human and People's Rights 9: Arresting Habré, Marcel Mendy, Coordinator of the EAC Communications Unit 10: Investigations in Senegal and Chad: Cooperation and Challenges, Judge Jean Kandé, Investigating judge at the EAC 11: Managing the EAC, Amadou Mokhtar Seck, EAC Administration and Finance Office 12: Professionalizing a Political Trial: A Clerk's Perspective, Abouly Ba, clerk at the EAC
C. The Trial
13: Prosecuting International Crimes in Senegal, Mbacke Fall, EAC Prosecutor 14: Defending Habré, Mounir Ballal, court-appointed defense lawyer before the EAC 15: From Victim to Witness and the Challenges of Sexual Violence Testimony, Jacqueline Moudeina, Victims' Legal Counsel before the EAC 16: Supporting Victims at Trial: Civil Parties' Perspective, Alain Werner and Emmanuelle Marchand, Legal consultants for Civil Parties during the trial 17: Can we be friends? Offering an Amicus Curiae Brief to the EAC, Kim Thuy Seelinger, Naomi Fenwick, Khaled Alrabe, UC Berkeley 18: The Habré Trial Judgement: A Summary of the First Instance Judgements of the EAC, Elise Le Gall, International Criminal Law expert with the EAC Office of the Prosecutor 19: The Habré Appeals Decision: A Summary of the Appeal Decision of the EAC, Elise Le Gall 20: Reflections on the Habré Appeals Decision, Judge Ouagadeye Wafi, EAC Appeals Chamber 21: The Real Fight Begins; Victims Struggle for an Effective Right to Reparation, Gaëlle Carayon and Jeanne Sulzer (Redress/FIDH)
D. Beyond the Courtroom
22: A Donor's Perspective, Sarah Valentina Fall, Human Rights and Human Security program, Swiss Embassy in Dakar 23: Outreach for the EAC: An Extraordinary Experience, Franck Petit, team leader for the Outreach Consortium on the EAC 24: Covering Habré: The Diary of a Local Journalist, Ngoundji Dieng, Senegalese Journalist for Senegalese daily, The Quotidien 25: Prosecutions in Chad, Henri Thulliez, Senior coordinator for Human Rights Watch 26: Academia as Partner in the Habré Trial, Érick Sullivan and Fannie Lafontaine, The Clinic for International Criminal and Humanitarian Law (CDIPH), Laval University, Canada
Part II. Reflections on the Significance of the Habré Case and Beyond Editors' Introduction
A. Portraits, Positionality, Paradigms
27: Africa Against Global Justice? Stakes for Building a Political Sociology on the Futures of International Criminal Justice, Sara Dezalay 28: The Habré trial and the Malabo Protocol: An Emerging African Criminal Justice?, Ndeye Amy Ndiaye 29: Expertise in the Bench? The Dis-Embeddedness of International Criminal Justice, Julien Seroussi 30: Hybrid Justice and the Rights of the Defence: Existence at the Periphery, Dov Jacobs
B. Institutions, Norms, and Pillars
31: Hybrid: A Spectrum of Possibilities, Mark Kersten and Kirsten Ainley 32: "Civil Law" v. "Common Law" Criminal Procedure: The Key or the Lock for ICL Success, Leila Bourguiba 33: The ICJ's Senegal v. Belgium Judgment and the Obligation to Prosecute or Extradite Alleged Torturers: The Case of Al Bashir and the ICC, Manuel Ventura and Victor Baiesu 34: Victims as a Third Party at the ICCL Empowerment of Victims?, Liesbeth Zegveld
C. Capturing the Judicial Process: Actors and Dynamics
35: "We Will Not Go Away": The Participation of Victims in International Criminal Tribunals, Eric Stover and Stephen Cody 36: Reparations and the Habré Trial in Context, Christophe Sperfeldt 37: Hybrid Courts and Amicus Curiae Briefing, Sarah Williams 38: "Sexualized Slavery" and Customary International Law, Patricia Sellers and Jocelyn Kestenbaum 39: Witness Protection, Nancy Combs
D. The Political and its Interaction: Captured Institutions?
40: Hissène Habré, the Little Bird on the Brance, and the Challenges of International Criminal Justice, Pierre Hazan 41: The ICC and Africa, Richard Goldstone 42: The 'Habré Effect', Universal Jurisdiction and Courts in Africa, Mia Swart 43: Main Challenges and the Future of International Criminal Law, William Schabas
ISBN: 9780198858621
ISBN-10: 0198858620
Published: 4th June 2020
Format: Hardcover
Language: English
Number of Pages: 464
Audience: Professional and Scholarly
Publisher: Oxford University Press UK
Country of Publication: GB
Dimensions (cm): 24.89 x 17.27 x 3.3
Weight (kg): 1.04
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