For the second time in the history of International Criminal Court (ICC), Sudanese President Omar al-Bashir has been permitted entry into an ICC member country defying its obligations to execute the ICC arrest warrant. The court’s prosecutor has accused the Sudanese president of 10 counts of war crimes, crimes against humanity, and genocide in Darfur. Kenya invited al-Bashir to attend today’s celebration of its new constitution, demonstrating blatant disregard for its obligation under international law to arrest him if he enters its territory. This is especially disturbing since the Kenyan government has repeatedly pledged its support for and commitment to the ICC. Kenya’s welcome is not only an offense to the principles of international law but also to countless victims of the brutal tactics of al-Bashir’s regime. As a regional leader, Kenya must uphold its obligations to the ICC and international law and arrest President Omar al-Bashir.
President Omar al-Bashir
When questioned about Kenya’s intentions to allow Bashir to freely attend the constitutional celebration, Kenyan Foreign Affairs Minister Moses Wetang’ula stated, “He is a state guest. You do not harm or embarrass your guest. That is not African.” However, that same logic would suggest that it is not humane for a government to kill its own people. Kenya’s adoption of a new constitution is an incredibly significant moment in the nation’s history and this defiance of international obligation undermines the spirit of the celebration. As Elise Keppler, Senior Counsel in the International Justice Program at Human Rights Watch, remarked, “Kenya will forever tarnish the celebration of its long-awaited constitution if it welcomes an international fugitive to the festivities.” Kenya’s breach of the Rome Statute could also have repercussions for the ICC investigation into possible crimes against humanity committed there during the intense post-election violence in 2007-2008.
In late July, Chad became the first member state of the ICC to ignore its obligations to the Rome Statute by hosting Bashir during the Sahel-Saharan summit. While Chad’s decision did not come as a complete surprise since the two nations have recently strengthened their relations, it set a dangerous precedent which could undercut the effectiveness of the ICC. Over the objections of many African nations that are parties to the Rome Statute, the African Union passed a resolution last year vowing to demonstrate solidarity by not cooperating with the ICC and disregarding the arrest warrant for al-Bashir. Kenya’s welcome of the Sudanese president marks another dangerous step in this direction.
The Save Darfur Coalition, along with the Genocide Intervention Network and Enough Project, issued a press release condemning Kenya’s decision. Kenya has been a key player in the region and should not have allowed a war criminal to participate in its constitutional celebrations. The international community must hold Kenya to its obligations and ensure the swift enforcement of the arrest warrant for al-Bashir.
The opinions expressed here are those of the author(s) and do not necessarily reflect the position of the Save Darfur Coalition.
Tags: ICC, Kenya, Omar al-Bashir
