7.17 In the case of Hissène Habré, Senegal is applying article 7 of the Convention. The obligation to extradite, unless raised at another level, has never posed any difficulties. Consequently, if a request is made for application of the other option under the principle aut dedere aut judicare, there is no doubt that Senegal will fulfil its obligations. 8.5 With regard to the specific legislative measures that a State must take in order to meet its treaty obligations, the complainants maintain that the manner in which the State in question fulfils its obligations is of little importance from the standpoint of international law. Moreover, they believe that international law is moving towards the elimination of the formalities of national law relating to ratification, on the principle that the norms of international law should be considered binding in the internal and international legal order as soon as a treaty has entered into force. The complainants add that the State party could have taken the opportunity to amend its national legislation even before it ratified the Convention. On the request for financial compensation 7.18 In violation of the principle Electa una via non datur recursus ad alteram (once a course of action is chosen, there is no recourse to another), the complainants have also instituted proceedings against Hissène Habré in the Belgian courts. The State party believes that, in the circumstances, to ask Senegal to consider financial compensation would be a complete injustice. 8.6 Finally, the complainants recall that article 27 of the Vienna Convention prohibits the State party from invoking the provisions of its internal law as a justification for its failure to perform its treaty obligations. This provision has been interpreted by the Committee on Economic, Social and Cultural Rights as an obligation for States to “modify the domestic legal order as necessary in order to give effect to their treaty obligations”.13 7.19 The Belgian Act of 16 June 1993 (as amended by the Act of 23 April 2003) relating to the suppression of serious violations of international humanitarian law introduces significant departures from Belgian criminal law in both procedure and substance. A Belgian examining magistrate has been assigned, and pretrial measures have been requested, just as they had been in Senegal. The State party maintains that it is advisable to let these proceedings follow their course before considering compensation of any kind. 8.7 As a subsidiary argument, the complainants maintain that, even if one considers that the State party was not bound by its obligations from the moment the treaty was ratified, it has committed a violation of article 5 by not adopting appropriate legislation to comply with the Convention within a reasonable time frame. Complainants’ observations on the merits 8.1 In a letter dated 1 July 2002, the complainants submitted their observations on the merits. 8.8 Article 26 of the Vienna Convention establishes the obligation of parties to perform their obligations under international treaties in good faith; the complainants point out that, since it ratified the Convention against Torture on 21 August 1986, the State party had 15 years before the submission of the present communication to implement the Convention, but did not do so. On the violation of article 5, paragraph 2, of the Convention 8.2 With regard to the State party’s argument that there is no specific time frame for complying with its obligations under the Convention, the complainants’ principal contention is that the State party was bound by the Convention from the date of its ratification. 8.3 According to article 16 of the Vienna Convention on the Law of Treaties (hereinafter “the Vienna Convention”), “unless the treaty otherwise provides, instruments of ratification, acceptance, approval or accession establish the consent of a State to be bound by a treaty upon: […] (b) their deposit with the depositary […]”.The travaux préparatoires relating to this provision confirm that the State party is immediately bound by the obligations arising from the treaty, from the moment the instrument of ratification is deposited. 8.9 In this regard, the Committee, in its concluding observations on the second periodic report of Senegal, had already recommended that “the State party should, during its current legislative reform, consider introducing explicitly in national legislation the following provisions: (a) The definition of torture set forth in article 1 of the Convention and the classification of torture as a general offence, in accordance with article 4 of the Convention, which would, inter alia, permit the State party to exercise universal jurisdiction as provided in articles 5 et seq. of the Convention; […]”. 14 The State party has not followed up this recommendation and has unreasonably delayed adoption of the 8.4 According to the complainants, the State party’s arguments call into question the very meaning of the act of ratification and would lead to a situation in which no State would have to answer for a failure to comply with its treaty obligations. 13 14 105 General Comment 9 (E/C.12/1998/24, para. 3). See A/51/44, para. 114.