Kenya and the ICC

For the next few months I will try and share the blog posts I write for AMICC. Not all of them will be published on their blog but I don't want all of my hard work to go to waste!

Last Friday, Kenya was given a unique opportunity to show their commitment to the International Criminal Court and unfortunately they failed spectacularly.

I’m sure many of you are familiar with Sudanese president, **Omar al-Bashir’s, visit to Nairobi, Kenya on the 28th of this month. I’m also sure that many of you know that Kenya is under clear obligation to the ICC to arrest and deliver any individual charged with international crimes to The Hague for trial. In direct violation of this UN Security Council backed mandate, Kenyan authorities allowed al-Bashir to enter the county. No attempts were made to apprehend him and he was given a royal welcome into the city.

Today, in an even more bizarre attempt to eliminate accountability, it was reported that Kenyan authorities have arrested two men as they were protesting the Kenyan government’s apparent disregard for international justice. Their lawyer is in the process of appeals –claiming that the new constitution is the very thing that should be protecting these men’s right to free speech.

There has been outrage among many members of the international community over Kenya’s failure to act. Even President Obama has claimed he was “disappointed” in Kenya’s behavior and emphasized that “justice is a critical ingredient for lasting peace”.

This non- compliance by Kenya sets a dangerous precedent of inaction that could damage the long-term effectiveness of the ICC.

**(al-Bashir has been charged with five counts of crimes against humanity, two counts of war crimes, and three counts of genocide for the role he played in the conflict in the Darfur region of Sudan)