or international. Similarly, it will inflict no heavier penalty than was applicable at the time the crime was committed " by Articles 7.2 of the African Charter on Human and Peoples and 11.2 of the Declaration Universal Human Rights, was violated by the State of Senegal. 44. He cites in this order following sections of the Senegalese penal code 431.6 and 9 of the Constitution of the State of Senegal: "Notwithstanding the provisions of Article 4 of this Code, any individual may be tried or sentenced for acts or omissions referred to in this chapter and Article 295-1 of the Penal Code, which at the time and place they were required for a criminal offense based on the general principles of law recognized by all nations, whether or not it constitutes a contravention of the law in effect at that time and place " and "However, the provisions of the preceding paragraph does not preclude the prosecution, trial and conviction of any person for any acts or omissions which, when they were committed, was criminal according to the rules of international law to the facts of genocide, crimes against humanity and war crimes " , 45. He noted that before the introduction of these texts in the legal system of the State of Senegal by constitutional reforms and laws, the Senegalese courts, acting in the proceedings against him for genocide, crimes against humanity, war crimes, torture, had to see that these crimes did not exist in the Senegalese criminal law. 46. Mr. Hissein Habre considers the amendment to its criminal law by the State of Senegal and the insertion in the Penal Code offenses that did not have a stated aim to have him tried, in so doing the State Senegal's violates the principle of non-retroactivity of criminal law and will certainly violate his rights under article