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9 July 2009


General List No. 144


international Court of Justice


Questions Relating to the Obligation to Prosecute or Extradite








BEFORE: President: Owada
Citation: Questions Relating to the Obligation to Prosecute or Extradite (Belg. v. Sen.), 2009 I.C.J. (Order of July 9)

The International Court of Justice,

Composed as above,

After deliberation,

Having regard to Article 48 of the Statute of the Court and to Articles 31, 44, 45, paragraph 1, 48 and 49 of the Rules of Court,

Having regard to the Application filed in the Registry of the Court on 19 February 2009, whereby the Kingdom of Belgium instituted proceedings against the Republic of Senegal in respect of a dispute concerning Senegalís compliance with its obligation to prosecute Mr. H. Habré, the former President of the Republic of Chad, or to extradite him to Belgium for the purposes of criminal proceedings,

Having regard to the request for the indication of provisional measures submitted by Belgium on the same date,

Having regard to the Order of 28 May 2009 by which the Court ruled on the said request for the indication of provisional measures;

Whereas, at a meeting held by the President of the Court with the Agents of the Parties on 6 July 2009, the Agents expressed the views of their respective Governments regarding the time-limits that were necessary to prepare the first round of written pleadings; whereas the Agent of Senegal, after setting out the various measures taken in Senegal, since 28 May 2009, to ensure the holding of the trial of Mr. Habré, stated that too short a time-limit for the submission of the Counter-Memorial might prejudice the efforts being made to hold that trial as soon as possible; and whereas the Agent of Belgium showed understanding for the position of Senegal;

Taking account of the views of the Parties and the particular circumstances of the case,

Fixes the following time-limits for the filing of the written pleadings:

9 July 2010 for the Memorial of the Kingdom of Belgium;

11 July 2011 for the Counter-Memorial of the Republic of Senegal; and

Reserves the subsequent procedure for further decision.

Done in French and in English, the French text being authoritative, at the Peace Palace, The Hague, this ninth day of July, two thousand and nine, in three copies, one of which will be placed in the archives of the Court and the others transmitted to the Government of the Kingdom of Belgium and the Government of the Republic of Senegal, respectively.

(Signed) Hisashi OWADA,

(Signed) Philippe COUVREUR,