21st SESSION OF THE ASSEMBLY OF STATES PARTIES
9 December 2022
Name of the Event: To Catch a Dictator: the Pursuit and Trial of Hissène Habré
Report by: Kelly van Eeten, Senior Research Associate PILPG-NL
Highlights:
Mr. Brody launched the book named To Catch a Dictator: The Pursuit and Trial of Hissène Habré. The book is an insider’s account of how an international team of investigators, legal experts and victims worked together to bring to trial a dictator who terrorized, tortured and killed on a horrific scale over his eight years in power.
The role of the victims was central in the Habré trial and the panelists urge that in other trials the victims should be given a more prominent role as well.
Speakers:
Reed Brody
Janet Anderson
Stephen Rapp
Summary of the Event:
The Belgian ambassador started by reading a section of the book, summarizing the timeline of the Habré trial. Hissène Habré was the president of Chad from 1982 until 1990. In 2016, the EAC filed its verdict, sentencing Habré to life imprisonment. Habré died four years ago due to covid infection. The panelist pointed specific attention to the analysis of admissability which was very crucial in this case since the court recognized the right of any state under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment could call on another party to the convention when they did not prosecute or extradite a person on its territory.
Next, Reed Brody signaled out his friends Souleymane Gengen and Jacqueline Moudeïna who played a crucial role in the case. Jacqueline barely survived a grenade attack but never stopped to fight for justice. Brody also mentioned the important role of the women who broke their silence to testify in court that they were raped in prison or victims of sexual slavery in Habré’s camps.
Brody and his team spent sixteen years putting the case against Habré together and collected more than 100 victim statements, documents on murder and torture with Habré’s own handwriting on it, and lists of people who died in detention. He also signaled a weak point of the case, namely Habré’s refusal to participate in the proceedings.
An important line of work, in this case, was advocacy and politics. The team worked to build political support over the years. At one point, you knock at the right door, and finding justice becomes a lot easier.
Janet Anderson pointed out that Reed was often critical of the ICC as an institution, giving him the nickname ‘Reed anything but the ICC’. Reed pointed out in response that they could not do their work without the ICC since the ICC is the expression of an international commitment against impunity. The Rome Statute has been incorporated into many national laws. However, he noted that the ICC should focus more on the involvement of victims in their cases.
In Habré’s trial, the voices of the victims were central since they were part of the team. The inhabitants of Chad saw their past dictator being at trial, not because their new ruler wanted him there, but because the victims of his crimes got him there. This makes an entirely different account of justice.
The panel was also asked about the current case in Ukraine. Brody was content with the international response to Ukraine but advocated for the same response to other conflicts and countries. The panelists delved deeper into the options for a special tribunal for the crime of aggression in the case of Ukraine. The panel emphasized that we should prosecute this case of aggression and make a commitment to prosecute every case of aggression in the future as well. This case should be done in a way that strengthens every future case about aggression.
The case of Gambia was also discussed by the panel, with specific attention to the Truth Commission that was set up there, where the victims could watch the Commission.
One of the questions from the audience focused on the expectations of victims and how to support them in the justice process. A member of the audience asked what Brody would recommend to people supporting victims in other parts of the world who are at the beginning of their process of seeking justice.
Brody recommended watching footage of trials on other cases with the victims to give them an idea of how the proceedings will take place. Furthermore, he stressed the importance of having open conversations with the victims on how long the case might take and if they are willing to spend so many years working on it.
The panel closed with a statement from Stephen Rapp on the book.
Rapp noted that what we see in this book is how international justice can work even in places where there are no court or justice options available. It provides the essential ingredients for bringing a dictator to justice, with a key point being the need for a team that gets up every day and figures out what needs to be done to move the case forward. Another relevant point is the need for documentation, especially linkage documentation. These crimes are not organic, they happen because someone makes them happen. It is crucial to find evidence that links the higher-level perpetrator to the crimes.