In July 2006, the African Union, called on Senegal to prosecute Hissène Habré “in the name of Africa,” and President Abdoulaye Wade declared that Senegal would do so.

Since then, Senegal has moved forward very slowly. It has amended its law and even its Constitution to remove any legal obstacles to the trial, and secured promises of funding from the international community, but it has not begun its investigation of Habré , let alone prepared the trial.   

In February 2007, President Wade signed into law measures permitting Senegal to prosecute cases of genocide, crimes against humanity, war crimes and torture, even when they are committed outside of Senegal. In April 2008, Senegal’s assembly adopted a constitutional amendment incorporating the Nuremberg principle that certain international crimes such as war crimes and crimes against humanity can be prosecuted even if they were not listed as criminal offences under national law at the time when they were committed.

In July 2007, Senegal presented a plan and a budget for the investigation and trial to the African Union and the donor community. The European Commission, France, Switzerland, the Netherlands and Belgium have already announced that they will provide financial and technical support to the trial. In January 2008, a European Union needs assessment mission visited Senegal to pave the way for European support for the trial.

In May 2008, Senegal appointed Hissène Habré ’s former lawyer (not the one in the film) as Minister of Justice. He named a Coordinator for the Habré case and announced that Senegal was ready to prepare charges against Habré.

The next step for Senegal is to prepare and indictment and  have a judge appointed. That judge will have access to the results of Belgium’s four-year investigation into the case as he carries out his or her own investigation to determine whether Hissène Habré should stand trial.  Almost two years after the AU decision, however, the indictment has yet to be prepared.