7.2 of the African Charter on Human and Peoples' Rights and Article 11.2 of the
Universal Declaration of Human Man.
47. Finally, Mr. Hissein Habre also refers to Articles 11 and 24 of the Rome Statute
establishing the International Criminal Court, which under the principle of non
retroactivity limiting the jurisdiction of this Court and criminal liability for events
occurring after entry into force of the Statute.
For its part the State of Senegal maintains that it has to comply with its
international obligations it has made changes criticized by the applicant and
added that the retroactive jurisdiction of its courts for acts of genocide, crimes
against humanity, war crime does not establish a new offense with retroactive
effect to the extent these facts are required for criminals under the rules of
international law at the date of their commission.
48. However, despite the denials of Defendant's perfunctory, the Court noted that
beyond the justification of the compliance of its legislation with its international
commitments, the government of Senegal has seriously infringed the provisions of
Article 7.2 of the African Charter on Human and Peoples' Rights and Article 11.2 of
the Universal Declaration of Human Rights which prohibits the retroactive
provision of a criminal.
49. The question of the Court now is whether the various mechanisms engaged
by Senegal namely the establishment of structures to meet the mandate given by
the African Union is a violation of Articles 7.2 and 11.2 African Charter on Human
and Peoples' Rights and the Universal Declaration of Human Rights, as claimed
Mr. Hissein Habré?
50. The Applicant itself binds the violation of his rights, not a concrete fact, but