Human rights — Torture — Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984, Articles 5(2) and 7 — International crimes in Chad — Obligations of Senegal under Convention — Whether Senegal having established jurisdiction over crimes of torture in its domestic law — Whether Senegal having submitted Mr Habré’s case to its competent authorities for the purpose of prosecution — Whether Senegal violating Articles 5(2) and 7 of Convention

Relationship of international law and municipal law — Treaties — Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 — Senegalese Constitution and Code of Criminal Procedure — Whether Senegal failing to adopt necessary measures to establish jurisdiction over crimes of torture — Whether Senegal failing to submit Mr Habré’s case to its competent authorities — Whether Senegal violating Articles 5(2) and 7 of Convention

International tribunals — Court of Justice of the Economic Community of West African States (“ECOWAS”) — Preliminary objections — Jurisdiction — Admissibility — Article 10(d) of ECOWAS Supplementary Protocol, 2005 — Requirement of non-anonymity of applications — Requirement that no parallel proceedings before another international court — African Union decision

Human rights — Treaties — Senegal’s obligations under international human rights treaties — Senegal’s constitutional and legislative amendments — Hypothetical violations of human rights — Reasonable and convincing evidence — Mandate of the African Union — Standing to invoke non-compliance of Member States under ECOWAS Protocol on Democracy and Good Governance, 2001

Treaties — Interpretation — Universal Declaration of Human Rights, 1948 — International Covenant on Civil and Political Rights, 1966 — African Charter on Human and Peoples’ Rights, 1981 — ECOWAS Protocol on Democracy and Good Governance, 2001 — Non-retroactivity of criminal law — Right to effective remedy — Whether right to constitutional appeal — Res judicata — Equality before the law and before the courts — Independence of judiciary — Separation of powers — Right to a fair trial — Principle of constitutional convergence

International organizations — African Union — Powers — Mandate for trial of former President of Chad

International Court of Justice — Provisional measures — Criteria for indication of provisional measures — Prima facie basis for jurisdiction — Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984, Article 30 — Whether dispute between Parties regarding interpretation or application of the Convention — Procedural conditions of negotiation and arbitration — Requirement of urgency — Risk of irreparable prejudice to rights of Parties

International Court of Justice — Jurisdiction — Dispute — Definition of dispute — Change of original scope of dispute — Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984, Article 30 — Failure of negotiations — Failure to agree on organization of arbitration — No need to consider Statute of the International Court of Justice, Parties’ declarations under Article 36(2) — Customary international law

International Court of Justice — Admissibility — Standing — Special interest of Belgium — Obligations erga omnes partes under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984

Treaties — Interpretation — Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984, Articles 5(2), 6(1) and 7(2) — Whether Senegal established jurisdiction over crimes of torture in its domestic law — Whether Senegal conducted preliminary inquiry — Whether Senegal submitted Mr Habré’s case to its competent authorities for the purpose of prosecution — Extradition as an option, not an obligation

International Court of Justice — Provisional measures — Binding quality — Conditions for the indication of provisional measures — Jurisdiction — Article 60 of Statute of the Court — Request for interpretation of earlier judgment — Whether Court empowered to indicate provisional measures to protect rights which might be afforded by earlier judgment — Requirement that rights be plausible — Requirement of link between rights claimed and measures sought — Urgency — Power of Court to indicate measures different from those sought — Establishment of provisional demilitarized zone — Relationship between provisional measures and action of other bodies to maintain international peace

International Court of Justice — Judgments — Res judicata — Judgments final and without appeal — Article 60 of Statute of the Court — Request for interpretation of earlier judgment — Requirement of a dispute concerning meaning or scope of judgment — Requirement of a dispute distinct from requirement of a dispute under Article 36(2) — Dispute may relate to whether or not point decided with binding force — Dispute must relate to operative part of judgment — Relationship between operative part and reasoning — Distinction between interpretation and revision — Record of earlier proceedings

Territory — Sovereignty — Boundary dispute — Temple of Preah Vihear — 1962 Judgment of International Court of Justice — Request for interpretation — Whether 1962 Judgment determined boundary or not — Evidence

Arbitration — Costs — 2010 United Nations Commission on International Trade Law Rules on Arbitration, Article 42(1) — Presumption that “unsuccessful party” bears costs and expenses of arbitration — Whether a party prevailing on some issues but whose claims are declared inadmissible is an “unsuccessful party”

Arbitration — Costs — Whether a party should bear the cost to defend against a claim declared to be an abuse of right

Arbitration — Costs — 2010 United Nations Commission on International Trade Law Rules on Arbitration, Article 42(1) — Whether apportioning costs between the parties is reasonable when each party prevails on some issues in a dispute

Arbitration — Costs — 2010 United Nations Commission on International Trade Law Rules on Arbitration, Article 40(2) — Whether costs incurred by outside counsel and government lawyers are reasonable under the circumstances of a dispute

International tribunals — International Tribunal for the Law of the Sea (“ITLOS”) — Provisional measures — United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”), Article 290(5) — Prima facie jurisdiction of Annex VII arbitration tribunal — Urgency — Plausibility — Preservation of the respective rights of both Parties — UNCLOS Article 283 — Obligation to exchange views — UNCLOS Article 294 — Whether abuse of legal process when proceedings had been instituted in domestic courts — UNCLOS Article 295 — Exhaustion of local remedies — ITLOS Rules, Article 89(5) — Power of ITLOS to award measures other than those requested in the initial application

Sea — United Nations Convention on the Law of the Sea, 1982 — Crimes committed at sea — Jurisdiction — Flag State — State of nationality of persons killed — Exclusive economic zone (“EEZ”) — Indian sailors killed by fire from marines on board Italian-flagged vessel in the Indian EEZ

State immunity — Officials — Service personnel — Italian marines stationed on Italian merchant ship firing on suspected pirates — Whether immune from the jurisdiction of non-Italian courts

Arbitration — Provisional measures — United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”) Part XV and Annex VII — UNCLOS Article 290(1) — Prima facie jurisdiction — Urgency — Preservation of the respective rights of both Parties — Considerations of humanity — UNCLOS Articles 283, 290 — Admissibility — Exchange of views — Whether request for prescription of provisional measures before Annex VII arbitration tribunal attempting to modify or revise provisional measure prescribed by International Tribunal for the Law of the Sea — Unilateral undertaking made in proceedings before the tribunal — Undertakings giving rise to binding obligation under international law

Sea — United Nations Convention on the Law of the Sea, 1982 — Crimes committed at sea — Jurisdiction — Flag State — State of nationality of persons killed — Exclusive economic zone (“EEZ”) — Indian sailors killed by fire from marines on board Italian-flagged vessel in the Indian EEZ

State immunity — Officials — Service personnel — Italian marines stationed on Italian merchant ship firing on suspected pirates — Whether immune from the jurisdiction of non-Italian courts