{"title":"‘Sexualized Slavery’ and Customary International Law","authors":"P. Sellers, Jocelyn Getgen Kestenbaum","doi":"10.1093/oso/9780198858621.003.0040","DOIUrl":"https://doi.org/10.1093/oso/9780198858621.003.0040","url":null,"abstract":"This chapter examines the doctrinal avenues for the recognition and prosecution of ‘sexualized slavery’. The Hissène Habré trial and appellate judgments represent watershed legal decisions rendering long-denied justice to victims of the brutal Chadian regime. Delayed charges of credible sexual violence inflicted upon both males and females challenged the judges of the Extraordinary African Chambers (EAC) in Senegal. Legal characterizations of sexual assaults ultimately attributed to Habré represent significant jurisprudential advancements on rape, sexual slavery, and torture as international crimes. The EAC's observations acknowledge that sexual slavery constitutes part of the actus reus of enslavement as crime against humanity and of slavery as a war crime. While agreeing with the Chambers that sexual slavery is anchored in customary international law, the chapter deepens the inquiry into the international legal prohibition of sexual slavery. It posits that, in fact, the 1926 Convention to Suppress the Slave Trade and Slavery (1926 Slavery Convention) proscribed what is identified as ‘sexual slavery’ because sexualized violence is and always has been part and parcel of both de jure (legal) and de facto (customary) forms of slavery.","PeriodicalId":221308,"journal":{"name":"The President on Trial","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127958084","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Real Fight Begins","authors":"G. Carayon","doi":"10.1057/9781137350251.0011","DOIUrl":"https://doi.org/10.1057/9781137350251.0011","url":null,"abstract":"","PeriodicalId":221308,"journal":{"name":"The President on Trial","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131895423","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Victims as a Third Party","authors":"L. Zegveld","doi":"10.1093/oso/9780198858621.003.0036","DOIUrl":"https://doi.org/10.1093/oso/9780198858621.003.0036","url":null,"abstract":"This chapter explores and challenges the promise of victim participation before the International Criminal Court (ICC). Victims are a key reason for international criminal trials. Indeed, trials are said to be held because of the great numbers of victims the crimes have created. Perpetrators are prosecuted so victims can see justice being done. Yet when it comes to victims who want to claim their own rights before international criminal courts, the picture is less clear. International courts have struggled with how to deal with victims. Responses to victims’ participation in criminal trials have ranged from outright opposition, to reluctant acceptance, to apparent embrace. Even when there seems to be embrace, though, under the surface victims struggle to have their suffering and damage recognized. Victims are merely third-parties in the criminal trial. The charges are not their charges; they may not fit their damage. What is more, courts deal with victims collectively, denying them the individual attention their claims may demand. To make things worse, rather than applying the legal principle of accountability to victims' claims for damage, courts have a tendency to address victims' damage as a humanitarian problem that can be solved through humanitarian assistance.","PeriodicalId":221308,"journal":{"name":"The President on Trial","volume":"105 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124305805","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Donor’s Perspective","authors":"S. Fall","doi":"10.1093/oso/9780198858621.003.0024","DOIUrl":"https://doi.org/10.1093/oso/9780198858621.003.0024","url":null,"abstract":"This chapter addresses the challenges of providing necessary, but politically sensitive, Western support to a tribunal overtly designed to be an African mechanism. Two principal elements motivated Switzerland's actions in Senegal: Switzerland's commitment to promoting international criminal justice and its longstanding engagement with Chad. It is within this context of strong and active engagement in Chad, along with the direct repercussions for the people of Chad of the trial of Hissène Habré, that it became apparent that Switzerland should actively engage with the Extraordinary African Chambers (EAC). Concretely, this engagement entailed making a range of technical assistance available and facilitating relations and communications among the various stakeholders, rather than financing the EAC as a donor. This choice was made in light of the ongoing concern of ensuring that actions in Senegal could also have a positive impact for Chad. Switzerland additionally participated in the Steering Committee for the financing of the EAC as an observer.","PeriodicalId":221308,"journal":{"name":"The President on Trial","volume":"61 9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130597809","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The ICC and Africa","authors":"R. Goldstone","doi":"10.1093/oso/9780198858621.003.0043","DOIUrl":"https://doi.org/10.1093/oso/9780198858621.003.0043","url":null,"abstract":"This chapter assesses Africa’s relationship to international justice via its fraught contestation of the International Criminal Court (ICC). The relationship between Africa and the ICC is a complex and complicated one. There is a tension between the strong desire of most African states and their people to bring justice to the victims of war crimes and the perceived bias against Africa arising from the fact that all but one of the eleven situations before the ICC relate to African states. The problem is exacerbated by the failure of the Security Council to refer to the ICC egregious cases of war crimes committed on other continents and particularly in Sri Lanka and Syria. The chapter then looks at the politics of the relationship between the ICC and Africa and how the optics have changed during the first fifteen years of the active life of the ICC. It also considers the future of the ICC in Africa and highlights the importance of positive complementarity.","PeriodicalId":221308,"journal":{"name":"The President on Trial","volume":"102 1-2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123502707","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Arresting Habré","authors":"Marcel Mendy","doi":"10.1093/oso/9780198858621.003.0011","DOIUrl":"https://doi.org/10.1093/oso/9780198858621.003.0011","url":null,"abstract":"This chapter addresses the role of Marcel Mendy, head of Communications for the Extraordinary African Chambers (EAC), and his office during Hissène Habré's arrest, the most politically sensitive moment of the process. At the EAC, Mendy's unit reported on the activities of the EAC, represented the EAC as spokesperson, and organized media events for the prosecutor. A central task of the unit was to organize media coverage of the Habré trial by the national and international press through accreditation and streaming the trial on the EAC's website. Mendy's unit was also in charge of keeping Habré's arrest confidential until the operation occurred. On the basis of information obtained from investigation reports established in both Brussels and N'Djamena about detention centres and suspected locations of mass graves, Prosecutor M'Backé Fall decided to proceed with the arrest of Hissène Habré a few days after his return from a mission in Chad. Information had to be locked down to keep the opposing camp from being alerted. Indeed, the public only learned of the arrest the following day.","PeriodicalId":221308,"journal":{"name":"The President on Trial","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129458890","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Witness Protection","authors":"N. Combs","doi":"10.1093/oso/9780198858621.003.0041","DOIUrl":"https://doi.org/10.1093/oso/9780198858621.003.0041","url":null,"abstract":"This chapter focuses on witness protection. Witness protection has long been a contentious and expensive component of domestic criminal trials, and it is an even more contentious and expensive component of international criminal trials of genocide, war crimes, and crimes against humanity. In many international criminal cases, the prosecution's case is based exclusively or almost exclusively on witness testimony. Thus, if witnesses are not willing to testify, then the prosecution's case will necessarily fail. Witnesses before international criminal tribunals are sometimes twice victimized, first by the trauma they lived through and second by dangers associated with participating in international trials. Given the tremendous importance of witnesses to international criminal cases and given the ease with which defendants can credibly threaten harm to those witnesses, one might assume that the international criminal tribunals do everything necessary to provide witnesses with whatever level of protection they need in order to assure their safety and thereby enable them to testify. The international criminal tribunals do spend vast sums—in both financial and human resources—to provide top-quality witness protection, but there are countervailing considerations in the form of fairness to defendants that place limits on the efforts they can and should undertake.","PeriodicalId":221308,"journal":{"name":"The President on Trial","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122173001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"In His Own Words","authors":"L. Gazette","doi":"10.1093/oso/9780198858621.003.0009","DOIUrl":"https://doi.org/10.1093/oso/9780198858621.003.0009","url":null,"abstract":"This chapter presents Hissène Habré's own thoughts on his regime and his threatened extradition, excerpted from his 2011 interview with Senegalese reporters from La Gazette. Habré moved to Dakar, Senegal following his expulsion from Chad in 1990, where he lived as a private citizen in an upscale residential neighbourhood. Although he left public politics, he participated in local Muslim political life in Senegal, and was protected by Senegal's President Abdoulaye Wade. However, waves of international attention put pressure on Senegal to extradite or prosecute Habré. On 25 July 2011, a film crew and reporters from La Gazette interviewed Habré in his home in Almadies. It was rumoured that President Wade was preparing to extradite Habré to Chad, where he had already been sentenced to death, in absentia, under Idriss Déby's regime. In response, Habré broke his typical media silence and agreed to an interview. In this interview, Habré did not deny that ‘there were deviations or blemishes’ under his regime, but he insisted that he is not responsible for these.","PeriodicalId":221308,"journal":{"name":"The President on Trial","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127792069","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Defending Habré","authors":"Mounir Ballal","doi":"10.1093/oso/9780198858621.003.0016","DOIUrl":"https://doi.org/10.1093/oso/9780198858621.003.0016","url":null,"abstract":"This chapter studies the ‘commis d'office’ (designated counsel), the court-appointed attorneys installed by the Extraordinary African Chambers (EAC) when Hissène Habré ordered his own attorneys not to participate in the trial. Mounir Ballal, part of this court-appointed team, describes the process of his nomination and his experience defending a client with whom he had no contact. All the actors in the trial knew Habré's strategy: he had retrenched behind total silence. Habré refused to respond to any question that was asked of him by the EAC or his accusers. He never spoke to the defence either. Over five commission rogatoires during the investigation phase, Hissène Habré's private counsel had refused to collaborate because their position was that the EAC was an illegitimate body. Ballal then describes the defence strategy his team developed and how defending Hissène Habré before the EAC differed from his previous professional experience. He also critiques the praise the EAC has received for being efficient and economical, explaining how time and financial constraints violated the rights of the accused.","PeriodicalId":221308,"journal":{"name":"The President on Trial","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114904395","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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