The Statute

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• Creation

The statute of the Extraordinary African Chambers (EAC) is an integral part of the Agreement signed on August 22, 2012 between the Government of the Republic of Senegal and the African Union on the “Establishment of the Extraordinary African Chambers within the Senegalese courts”. The Statute annexed to this agreement determines the composition and operating rules of the EAC and refers to Senegalese laws that apply in cases not provided for by the Statute.

(Agreement + Statute)

• Temporal and geographical competence

The Extraordinary African Chambers (EAC) have limited temporal and geographical competence for international crimes committed in Chad during the regime of former President Habré. They are in charge of “prosecuting and trying the person or persons mainly responsible for crimes and serious violations of international law, international custom, and international conventions ratified by Chad and committed in Chadian territory during the timeframe starting from June 7, 1982 to December 1, 1990”.

(Article 3 of the Statute)

• Hardware Competence

The Extraordinary African Chambers (EAC) have competence over genocide, crimes against humanity, war crimes and torture, as defined in their Statute. These crimes are deemed inalienable. In terms of law, the EAC apply the provisions of the Statute, inspired by the statutes of international courts. For cases not covered by these Regulations, they apply Senegalese law.

(Articles 4 to 9 and 16 of the Statute)

• Individual Criminal Responsibility

The Extraordinary African Chambers (EAC) are competent for the respect of individuals, as perpetrators or accomplices. The status of the EAC precludes the possibility of an accused to be relieved by criminal liability due to his official capacity, whether head of state or government official. It incorporates instead the responsibility of a superior for the acts of his subordinates. The fact of having acted on the orders of a superior can not exonerate anyone accused from responsibility, but may be considered as a mitigation of the sentence.

(Article 10 of the Statute)

• End of the mandate

The Extraordinary African Chambers (EAC) are dissolved once the final decisions are made in the proceedings under their jurisdiction. Once they are dissolved, records will be archived at the Registry of the Court of Appeal of Dakar and the Senegalese national courts will be in charge of all matters that may arise after the termination of the EAC process.

(Article 37 of the Statute)

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