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Kenya/Al-Bashir: CICC Media Statement
27 Aug 2010
Please find below the latest CICC Press Release related to Sudanese President Omar Al-Bashir's visit to Kenya to attend a celebration on the adoption of the country's new constitution.
Please take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the CICC will not take a position on potential and current situations before the Court or situations under analysis. The Coalition, however, will continue to provide the most up-to-date information about the ICC.
For additional information you may refer to the Coalition's website at
www.coalitionfortheicc.org and participate in our blog 'In Situ: See justice through the eyes of civil society' at www.coalitionfortheicc.org/blog
"KENYAN AUTHORITIES FAILED TO COOPERATE WITH THE ICC: Global Coalition Urges on Kenyan authorities to Honor Obligations to the Rome Statute," CICC, 27 August 2010 http://www.coalitionfortheicc.org/documents/CICC_KenyaAlBashir_27August2010_en.pdf
"On 27 August 2010, Kenyan authorities hosted Sudanese President Omar Al-Bashir in Nairobi as a guest in a special ceremony in celebration of Kenya's new constitution, failing to comply with its obligations as Member State to the United Nations and as State party to the ICC, the Coalition for the International Criminal Court (CICC) said today.
Sudanese President Omar Hassan Al-Bashir is sought by the International Criminal Court (ICC) for charges of war crimes, crimes against humanity and genocide allegedly committed in Darfur, Sudan in 2003 and 2004.
As a member State to the United Nations since 1963, Kenya must abide by and implement the resolutions adopted by the UN Security Council under Chapter VII of the United Nations Charter, in this case, Resolution 1593/2005. Moreover, as a State Party to the ICC Statute, Kenya is under the obligation to arrest and surrender all persons against whom the Court has issued warrants of arrest, including President Al-Bashir.
'The failure of Kenyan authorities to arrest Al-Bashir constitutes a serious breach of Kenya's international obligations under not only the ICC Statute and the United Nations Charter, but also under its national legislation, including its new constitution, which recognizes the direct applicability of international law,' said CICC Convenor William R. Pace. 'What should have been a day of celebration of Kenya's commitment to human rights, democracy and rule of law is now marred by welcoming an international fugitive and disregarding the plight of the thousands of victims in Darfur.'
Resolutions of regional bodies, such as the African Union, cannot override States' obligation under international treaties, such as the ICC Statute, nor defy resolutions of the United Nations Security Council. Similarly, it is inacceptable to use protocol practices as an excuse to breach international law and perpetuate impunity for the most serious crimes. Protocol practices must be in conformity with States' international legal requirements.
The Coalition calls on the Assembly of States Parties to the Rome Statute as well as on the United Nations Security Council to take the necessary measures to ensure the full implementation of ICC decisions, including the execution of all pending warrants of arrest. The Coalition urges Kenyan authorities to fully cooperate with the ICC in its investigations concerning the post-elections violence in 2007 and 2008.
The ICC is the world's first permanent international court to prosecute war crimes, crimes against humanity and genocide. There are currently 113 ICC States Parties. Central to the Court's mandate is the principle of complementarity, which holds that the Court will only intervene if national legal systems are unable or unwilling to investigate and prosecute. To date, the ICC has opened investigations in five situations: the Central African Republic; Darfur, Sudan; Uganda; Democratic Republic of Congo and Kenya and it has publicly issued twelve arrest warrants and three summonses to appear. Two trials are ongoing and a third is expected to open in 2010. The ICC Office of the Prosecutor has made public that it is examining at least eight situations on four continents, including Afghanistan, Colombia, Côte d'Ivoire, Georgia, Guinea and Palestine."
FOR ADDITIONAL INFORMATION: Please visit the Coalition's website at http://www.coalitionfortheicc.org/ and participate in our blog "In Situ: See justice through the eyes of civil society" at www.coalitionfortheicc.org/blog
CICC's policy on the referral and prosecution of situations before the ICC:
The Coalition for the ICC is not an organ of the court. The CICC is an
independent NGO movement dedicated to the establishment of the International
Criminal Court as a fair, effective, and independent international organization.
The Coalition will continue to provide the most up-to-date information about the
ICC and to help coordinate global action to effectively implement the Rome
Statute of the ICC. The Coalition will also endeavor to respond to basic queries
and to raise awareness about the ICC's trigger mechanisms and procedures, as
they develop. The Coalition as a whole, and its secretariat, do not endorse or
promote specific investigations or prosecutions or take a position on situations
before the ICC. However, individual CICC members may endorse referrals, provide
legal and other support on investigations, or develop partnerships with local
and other organizations in the course of their efforts.
Communications to the ICC can be sent to:
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Mariana Rodríguez- Pareja
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Coalition for the International Criminal Court
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Tel: +1 646 465 8517| Fax: +1 212 599 1332
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