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39 Colum. Hum. Rts. L. Rev. 471 (2007-2008)
Revitalizing Universal Jurisdiction: Lessons from Hybrid Tribunals Applied to the Case of Hissene Habre

handle is hein.journals/colhr39 and id is 477 raw text is: REVITALIZING UNIVERSAL JURISDICTION: LESSONS FROM HYBRID TRIBUNALS APPLIED TO THE CASE OF HISSkNE HABRE' Tanaz Moghadam* ABSTRACT Despite the progress made by international justice mechanisms in recent years, significant challenges still remain. The failed prosecution of Hiss~ne Habrg in Senegal from 2000 to 2001 serves as a prime example. The Habr6 case underscored shortcomings of universal jurisdiction in particular as a mechanism of accountability. This Note focuses on three problematic aspects of universal jurisdiction cases: jurisdictional imperialism, vulnerability to politicization, and difficulties of implementation. Using the Hiss~ne Habrg prosecution as a case study, this Note proposes applying features of hybrid tribunals to mitigate such problem areas of universal jurisdiction. In the Habrg case specifically, which is slated for a second prosecution in Senegal, a hybrid process between Senegal and Belgium should be undertaken. A hybrid approach would help address the jurisdictional imperialism critique of universal jurisdiction cases through transnational judicial cooperation, depoliticize the proceedings, and enhance their credibility by facilitating the application of international legal norms in Senegal's first such prosecution. * Tanaz Moghadam is a 2008 J.D. candidate at Columbia Law School and an Articles Editor of the Columbia Human Rights Law Review. The author thanks Lori Damrosch, Graeme Simpson, Olivier Bercault, CGraldine Mattioli, and Margaret Winterkorn-Meikle.

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