Request for the indication of Provisional Measures (translation) - filed on 19 February 2009

REQUEST FOR THE INDICATION OF PROVISIONAL MEASURES SUBMITTED BY THE
GOVERNMENT OF THE K INGDOM OF B ELGIUM

[Translation]

Pursuant to Article41 of the Statute of theCourt and Articles73-75 of the Rules of Court,
the Government of the Kingdom of Belgium has th e honour to request the International Court of
Justice to indicate provisional measures in the case filed today by Belgium against the Republic of

Senegal.

The Court has jurisdiction to indicate such measures since Senegal and Belgium have
recognized its jurisdiction pursuant to Article36, paragraph2, of the Statute of the Court, by

unilateral declarations dated 17 June 1958 (Belgium) and 2 December 1985 (Senegal).

Moreover, as this dispute relates to the inte rpretation and application of the United Nations
Convention against Torture of 10 December 1984, which has been binding on the two States since

21 August 1986 (Senegal) and 25 June 1999 (Belgium), the Court’s jurisdiction is also founded on
the compromissory clause included in Article 30 of that Convention.

The jurisdiction of the Court in the present case is therefore not in question.

According to its jurisprudence, the Court i ndicates provisional measures in order to preserve
the rights of a party pending its decision on the merits, so as to avoid “irreparable prejudice” being
1
caused to the rights of one of the parties in contention .

As stated in the Application instituting pr oceedings, Belgium requests the Court to adjudge
and declare that Senegal must prosecute Mr. H. Habré for the acts including crimes of torture and

crimes against humanity which are alleged against him, failing his extradition to Belgium, where
the Belgian courts have brought proceedings against him on the same grounds as a result of
complaints filed in particular by a Belgian victim of Chadian origin.

At present, Mr. H. Habré is under house arrest in Dakar, but it transpires from an interview
which the President of Senegal, A. Wade, gave to Radio France International that Senegal could lift
his house arrest if it fails to find the budget which it regards as necessary in order to hold the trial

of Mr. H. Habré. In such an event, it would be easy for Mr. H. Habré to leave Senegal and avoid
any prosecution. That would cause irreparable prejudice to the rights conferred on Belgium by
international law (the right to bring criminal proceedings for crimes against international

humanitarian law) and also violate the obligations which Senegal must fulfil (the obligation to
prosecute or extradite Mr.H.Habré for the crimes under international law which are alleged
against him).

1See for example thLaGrand case, Order of 3March 1999,I.C.J. Reports 1999, p.15, paras.22-23 and

references. - 2 -

For these reasons, Belgium respectfully requ ests the Court to indicate, pending a final
judgment on the merits, provisional measures requiri ng Senegal to take all the steps within its

power to keep Mr. H. Habré under the control and surveillance of the judicial authorities of Senegal
so that the rules of international law with wh ich Belgium requests compliance may be correctly
applied.

(Signed) PaulR IETJENS , (Signed) GérardD IVE,
Director-General of Legal Affairs, Head of the International Humanitarian
Federal Public Service for Foreign Affairs, Law Division,
Foreign Trade and Development Co-operation, Federal Public Service for Justice,

Agent of the Government of Co-Agent of the Government of
the Kingdom of Belgium. the Kingdom of Belgium.

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