inspired by African tradition, such as the use of the "Ubuntu" institution (reconciliation through dialogue, truth and reparations) Senegal sought to use its services as legal agent of the African Union for financial gain. 23. In conclusion, the Applicant prayed the Court to: "1) Rule that the application is admissible; 2) Declare that the application has the effect of suspending the ongoing execution of the July 2006 African Union's mandate to the Republic and State of Senegal, until such time that an African solution is found to the case of the former Chadian Head of State, Hissein Habré, currently a statutory political refugee in Dakar in the Republic and State of Senegal; 3) Rule that the Republic and State of Senegal has violated several clauses of the Preamble and the Articles of the African Charter on Human and Peoples' Rights; 4) Rule that the Republic and State of Senegal has violated the African Charter on Human and Peoples' Rights and, in particular, the 10 September 1969 OAU[AU] Convention Governing the Specific Aspects of Refugee Problems in Africa, which came into force on 26 June 1974; 5) Rule that the case is politically motivated and that the Republic and State of Senegal violated the principle of universal jurisdiction in the ongoing proceedings instituted with a view to indicting and trying Mr. Hissein Habré; 6) Rule that, in the said procedure instituted with a view to indicting and trying Mr. Hissein Habré, there is political motivation, pecuniary motivation and the abuse of the said principle of universal jurisdiction, application of which will become, de facto, lucrative for the respondent (estimated to cost 40 billion CFA Francs). This cannot but create precedents in other African countries in which former Heads of State would possibly take refuge; 7) Rule that the charges brought against Mr. Hissein Habré have been abused and abusively used by the Republic and State of Senegal, the French Republic and State and the humanitarian organisation, Human Rights Watch (HRW), particularly in view of the media publicity given to, and the media hype into which they turned, the said allegations; 8) Rule that the said abuse of the principle of universal jurisdiction has destabilising effect for Africa, that it could impact negatively on the political, economic, social and cultural development of not only the State of Chad but also all other African States, and on the capacity of these States to maintain normal international relations; 9) Suspend the July 2006 African Union mandate to Senegal and hence the current proceedings instituted by the Republic and State of Senegal with a view to indicting and eventually trying Mr. Hissein Habré; 10) Order the Republic and State of Chad and the Republic and State of Senegal to establish a national "Truth, Justice, Reparations and Reconciliation" Commission for Chad, on the South African model derived from the philosophical concept of "Ubuntu" for all the crimes committed in Chad between 1962 and 2008; and in so doing, resolve in African manner the problematic case of the former Chadian Head of State, Hissein Habré; 11) Recommend that other Member States of the African Union assist Chad and Senegal in establishing and putting into operation the said "Truth, Justice, Reparations and Reconciliation" Commission; 12) With regard to costs and expenses, grant the Applicant the benefit of free proceedings." 24. In its statement of defence, Senegal for its part submitted, inter alia, that for the Court to be able to deal with applications brought by individuals, "the respondent State must first have recognised the jurisdiction of the Court to receive such applications in accordance with Article 34 (6) of the Protocol establishing the 3

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