Ph.D in International Public Law of Imam Reza International University
Abstract
The decision of the International Court of Justice in case of Belgium against Senegal about the breach of article 6 and 7 of Convention against torture about the obligation to prosecute or extradite of the ex-president of Chad is important from different dimensions due to the fact that it shows the obligation of the international community about prosecution and extradition of international criminals. This decision indicates the jurisdiction of Belgium about the prosecution of Hessne Habre for the crime of torture. The prohibition of torture has been accepted as jus cogens and therefore the immunity of a head of states is not accepted accordingly. The members of international society have responsibility toward prosecution and extradition of international criminals. In contemporary international law, there is no immunity for international criminals. The procedure of the International Court of Justice in case of Hebre confirms the obligation of the states to prosecution or extradition of Hebre for the crime of torture. Now we can see obvious consensus in the international community in the prosecution of the crime of torture as a common principle in binding international documents.
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