Advertisement

Kenya's inaction on Bashir 'Deeply Troubling,' ICC Head Tells UN

Friday October 29 2010
bashirpix

Sudanese President Omar al Bashir. Photo/ FILE

Kenya's failure to arrest Sudan President Omar al-Bashir during his visit to Nairobi in August is “deeply troubling,” the president of the International Criminal Court told the United Nations General Assembly on Thursday.

“If states do not provide the cooperation necessary for the court’s functioning in accordance with their legal obligations, the ICC will not be able to fulfill its mandate and impunity will continue to flourish,” President Sang-Hyun Song warned in a speech.

The ICC had referred Kenya to the UN Security Council in August for possible sanctioning due to the country's flouting of an arrest warrant for the Sudanese leader. The council has so far taken no action in response to the ICC's referral.

Judge Song reminded UN member-states on Thursday that the court has no police force of its own and is “completely reliant” on them to enforce its orders.

Earlier this week, the ICC sent an “urgent” request to the Kenyan government asking that it arrest Mr Bashir should he come to Nairobi for a summit meeting of regional leaders originally planned for October 30.

In a communication on Monday, the court asked the government to inform it by October 29 of “any problem which would impede or prevent the arrest and surrender” of Mr Bashir.

Advertisement

It was subsequently announced that the Igad meeting would be moved to Ethiopia. And on Thursday Kenyan Assistant Minister for Foreign Affairs Richard Onyonka said the meeting is being postponed indefinitely.

The ICC has issued an arrest warrant for Mr Bashir in connection with war crimes, genocide and crimes against humanity allegedly committed in Sudan's Darfur region.

In his UN address on Thursday, Judge Song also said that ICC prosecutor Louis Moreno Ocampo “would present two new cases on the Kenya situation before the end of the year.”

Judge Song did not elaborate on what those cases might involve. The ICC is investigating the outbreak of deadly violence in Kenya following the 2007 elections.

Advertisement