AFRICA LEGAL AID

in cooperation with FIBGAR and the Kenya Human Rights Commission

Present a Seminar on

Complementarity, the Habré Trial and the Evolution of Universal Jurisdiction

Venue:

Novotel Dakar

Dakar, 30th May 2016 to 1st June 2016

Planethood Foundation PROGRAM

DAY 1

From 8.30 Registration

Attend delivery of Habré judgement

Opening Session

15.00-17.00 CHAIR: H.E. Sidiki Kaba, Minister of Justice of , President of the Assembly of States Parties (ASP) to the Rome Statute of the International Criminal Court (ICC)

Evelyn A. Ankumah, Executive Director, Africa Legal Aid (AFLA)1 Africa and the Evolving Regime of International Criminal Justice

George Kegoro, Executive Director, Kenya Human Rights Commission Civil Society as Partners in International Criminal Justice

Honourable Baltasar Garzon2, President, Baltasar Garzon International Foundation (FIBGAR), Former Investigating Judge of Audiencia Nacional, Madrid, Spain From Pinochet to Habré: the Past, Present, and Future of Universal Jurisdiction

H.E. Macky Sall, President of Senegal Opening of Seminar

1 It is of historical importance to note that under the auspices of AFLA, the "Cairo-Arusha Principles on Universal Jurisdiction in Respect of Gross Human Rights Offences: an African Perspective" were adopted in 2002. The Principles have been coined "the voice of Africa on universal jurisdiction". 2 Spanish investigating judge responsible for Pinochet indictment.

Professor Vincent O. Nmehielle, Legal Counsel, (AU) Commission KEYNOTE: The Interface Between Peace and International Criminal Justice in Africa

18.00-20.00 Reception, Courtesy of the Royal Netherlands Embassy (by invitation)

Don Ferencz, Visiting Professor, Middlesex University School of Law, Convenor, Global Institute for the Prevention of Aggression KEYNOTE: Criminalizing the Illegal use of Armed Force as a Crime Against Humanity

DAY 2

Panel 1 Emerging Trends on Complementarity

9.00-11.00 CHAIR: Judge Robert Dossou, Former Special Representative of the Chairperson of the African Union Commission for the Establishment of the Extraordinary African Chambers (EAC)

Reed Brody, Counsel and Spokesperson, Human Rights Watch The Habré Case as an Instance of Successful Complementarity

Judge Elizabeth Nahamya, Judge and Former Deputy President, International Crimes Division of the High Court of Uganda Ongwen and other Examples from Uganda

Roland Amoussouga, Head of Integrated Office, United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) The Special Tribunal for the Central African Republic

FLOOR DISCUSSION

11.00-11.30 Coffee/Tea

Panel 2 International Criminal Justice from the Victims' Perspective

11.30-13.30 CHAIR: Dior Fall, Human Rights and International Justice Expert

H.E. Fatou Bensouda, Prosecutor of the International Criminal Court KEYNOTE: Advancing Victim Rights (including accountability for SGBV crimes) before the ICC

Panelists

Jacqueline Moudeina, Chadian Association for the Promotion and Defence of Human Rights Victims' Participation Before the Extraordinary African Chambers

Jeanne Sulzer, Senior Legal & Policy Advisor, Reparations for Victims before the Extraordinary African Chambers

Kim Thuy Seelinger, Director, Sexual Violence Program, Human Rights Centre of the University of California Berkeley School of Law Fast Friends, Quiet Friends: Reflections on Filing an Amicus Brief on Crimes of Sexual Violence in the Habre Case

Floor Discussion

13.30-14.30 Lunch

Panel 3 Panel Discussion – Reflections on Peace, Justice and Immunities

14.30-17.00 CHAIR: Hon. Daniel Amagoin Tessougue, Former Attorney General at the Bamako Court of Appeals, Mali

Panelists

Hon. Mbacke Fall, Prosecutor, Extraordinary African Chambers (ECA)

Stella Ndirangu, International Justice Program Manager, Kenya Section of the International Commission of Jurists ICJ - Kenya

Don Deya, Chief Executive Officer, Pan African Lawyers Union (PALU)

Amady Ba, Head of Cooperation, Office of the Prosecutor (OTP), International Criminal Court (ICC)

Manuel Ventura, Director, The Peace and Justice Initiative, The Hague

Floor Discussion

17.30-19.00 Networking Reception, Courtesy of the Government of Senegal

DAY 3

Panel 4 Evolution of Universal Jurisdiction

9.00-11.00 CHAIR: Judge Demba Kandji3, Supreme Court of Senegal

Professor Nsongurua Udombana, Professor of International Law, Babcock University, Nigeria The Practice of International Criminal Justice in Africa

Manuel Vergara, Head of Legal Advisory Section, Baltasar Garzon International Foundation (FIBGAR) Attacks on Universal Jurisdiction: Myths and Lies

Angela Mudukuti, International Criminal Justice Lawyer, Southern Africa Litigation Centre (SALC)4 Universal Jurisdiction and other Manifestations of Complementarity: the Zimbabwe Torture Case and the al Bashir Debacle

11.00-11.30 Coffee/Tea

Panel 5 The Role of the Defence in International Criminal Justice

11:30-13:30 CHAIR: Helene Cisse, International Criminal Lawyer on the List of Counsel before the International Criminal Court

3 Judge Demba Kandji is the former Senegalese magistrate who after hearing testimonies of victims, indicted Hissene Habre on February 3, 2000 for torture, crimes against humanity, and barbaric acts committed in Chad and placed Habre under house arrest. However, four months later, shortly after the election of President , the Superior Council of Magistrates transferred Demba Kandji and removed him from the Habre case. 4The Southern African Litigation Centre (SALC), is the small NGO in South Africa that sought to have Sudanese President Omar al Bashir arrested when he attended the AU Summit in South Africa last June.

Professor Mia Swart, Professor of International Law, University of Johannesburg, South Africa The Defence as a Critical Feature for the Legitimacy of Criminal Justice

Saskia Ditisheim, President, Avocats Sans Frontieres, Switzerland Does the Defence Matter in International Criminal Trials: The Hissene Habré Case

Demba Ciré Bathily, Lawyer Specialised in International Criminal Law The Difference between Practicing before Domestic and International Criminal Courts

13.30-14.30 Lunch

Panel 6 The Future of International Criminal Justice in Africa

14.30 – 16.30 CHAIR: Ambassador Mirjam Blaak-Sow, Ambassador of the Republic of Uganda to the Benelux Countries and the EU

Judge Robert Dossou, Former Special Representative of the Chairperson of the African Union Commission for the Establishment of the Extraordinary African Chambers The Extraordinary African Chambers (EAC): it's Legacy and Contributions to International Criminal Justice in Africa

David Deng, Chief Executive Officer, South Sudan Law Society (SSLS) The Hybrid Court for South Sudan: Prospects for Justice and Accountability in the Immediate Aftermath of Conflict

Professor Charles C. Jalloh, Florida International University College of Law The African Criminal Court

Gilbert Maoundonodji, Head of Outreach Program on the Extraordinary African Chamber in Chad African Union Policy towards International Humanitarian Law

Floor Discussion