International Law Essay Example | Topics and Well Written Essays - 2500 words - 1

International Law - Essay Example Senegal has ratified the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and is obligated under its provisions to either prosecute or extradite Hebrà © (aut dedere aut prosequi).3 However, such obligation does not require Senegal to extradite Habre specifically to Belgium. Recent conventions and state practice has embraced a duty not to extradite persons that face seriously discriminatory applications of criminal law authority. This limitation on the duty to extradite is incorporated in both the European Terrorism Convention4 and the United Nations Terrorist Financing Convention5: â€Å"Nothing in this Convention shall be interpreted as imposing an obligation to extradite†¦if the requested State Party has substantial grounds for believing that the request for extradition†¦has been made for the purpose of prosecuting or punishing a person on account of that persons race, religion, nationality, ethnic origin or political opinio n or that compliance with the request would cause prejudice to that persons position for any of these reasons.† Thus, an individual does not face fair criminal prosecution where relevant forms of discrimination result in selective prosecution.6 Such emergent exceptions to extradition should also be automatically incorporated in Article 1(F)(b) of the Convention relating to the Status of Refugees.7 Belgium as well as the Western World has shown a persistent practice of discrimination against Africans and to some extent Latin Americans so far as prosecution for crimes against humanity are concerned. While Belgium has readily prosecuted or initiated investigations against Africans accused of crimes against humanity, in March 2003, when at the behest of family members of civilians killed in the 1991 Gulf War, Belgian prosecutors launched an investigation of former President George H.W. Bush,