Assembly/AU/ 14 (XI) Page 15 immunity of its senior State official. xcvi The International Court of Justice noted that the Democratic Republic of Congo claimed that, “ the universal jurisdiction that the Belgian State attributes to itself under Article 7 of the Law in question constituted a violation of the principle that a State may not exercise its authority on the territory of another State and of the principle of sovereign equality among all Members of the United Nations, as laid down in Article 2, paragraph 1, of the Charter of the United Nations.” xcvii 67. Unfortunately, the Court came to its decision on grounds other than universal jurisdiction and found that Belgium had failed in its international obligation to the Congo by not respecting the sovereignty of the Congo and the jurisdictional immunity of its Foreign Minister. The parties to the case decided that universal jurisdiction was not in contention between them and the Court’s actual decision on the merits was therefore restricted to the pleadings submitted before it. xcviii 68. Despite the decision of the International Court in the Arrest Warrant Case and the amendment of the scope of the 1993 Law, a Belgian judge in September 2005 issued an arrest warrant against the former President of Chad, Hissene Habre. xcix A group of victims, including three Belgian nationals, alleging torture by Habré in Chad filed a criminal complaint against him in Belgium. Although, Belgium discontinued cases against President Bush, U.S. officials and other cases, it decided to retain the pending cases against Habre of Chad, officials of Rwanda and Guatemala. In September 2005, a Belgian court issued an international arrest warrant against Habré and sought his extradition from Senegal. Habre was subsequently arrested by Senegalese officials but the request for his extradition to Belgium was not granted by the Senegalese courts. The Senegalese President referred the matter to the African Union. 69. The African Union in January 2006, established a Committee of Eminent African Jurists which was given the mandate to consider the aspects and implications of the case against Habré and option for his trial. c The Committee decided on an ‘African option’ as the solution whereby Senegal, Chad or any African Union member could exercise jurisdiction over the accused person or an ad hoc tribunal could be established in any Member State to try the accused. ci Based on the recommendations of the Committee of Eminent African Jurists, the African Union decided that the matter fell within the competence of the Union and mandated Senegal to prosecute and ensure the trial of Hissène Habré on behalf of Africa. cii SPAIN 70. Spain has come into the forefront of international law over the issue of universal jurisdiction. Under Article 23 (4) of the Ley Orgánica del Poder Judicial (Judicial Power Organization Act (LOPJ)), Spain has jurisdiction over crimes committed by Spanish or foreign citizens outside Spain, including genocide, terrorism and other crimes in international treaties that Spain is party to. ciii An extradition request by Spain, in 1998, led to the very famous case against Augusto Pinochet of Chile. The Pinochet case was not decided on grounds of universal jurisdiction, but rather jurisdiction over the case was based on the United Nations Convention against Torture and Cruel, Inhuman or Degrading Punishment 1984. civ 71. In the Spanish Guatemalan Genocide case, complaints were filed with the Audiencia Nacional for gross human rights violations and the matter was brought in Spain by Rigoberta Menchu, the Nobel Peace Prize winner, and other persons against several Guatemalan officials, including former Heads of State Gral Efraín Ríos Montt, Oscar Humberto Mejías Victores and Fernando Romeo Lucas García for acts of terrorism, genocide and torture