Challenges in the Implementation of the Reparation Award against Hissein Habré: Can the Spell of Unenforceable Awards across the Globe be Broken?

Abstract

The sentencing of former Chadian president Hissein Habré to life imprisonment by the Extraordinary African Chambers (EAC) for war crimes, crimes against humanity and torture was hailed as a landmark moment in the fight for justice for victims. The Senegal-based EAC also awarded a significant reparations award to be implemented in Chad in favour of over 7000 victims. In this respect, the EAC’s reparations mandate is a manifestation of the development of a more victim-centred form of justice, even though its implementation presents considerable challenges. Some of those challenges, such as shortage of funds, have been common among court-ordered reparations across the globe including at the International Criminal Court. However, other challenges are novel. The development of forms of reparations beyond compensation in a cross-border setting such as the Habré case raises new implementation challenges. This article considers the various challenges facing the implementation of the EAC award and attempts to offer recommendations so as to overcome them in future cases. It argues that overcoming the challenges of implementation of court-ordered reparations requires a multi-pronged approach addressing the different facets of those challenges, ranging from the fundraising necessary to overcome the insufficiency of the sentenced’ person assets to issues related to state cooperation and state responsibility for the violations committed.