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President Al-Bashir s visit to Kenya: Continued news coverage, reactions and media statements

02 Sept 2010

Dear All,

Please find below continued news coverage and statements related to Sudanese President Omar Al-Bashir's visit to Kenya.

On 27 August 2010, President Al-Bashir attended the signing of Kenya's new constitution despite the issuance of two arrest warrants by judges of the International Criminal Court for charges of crimes against humanity, war crimes and genocide committed in Darfur in 2003 and 2004. As a State Party to the Rome Statute and member of the United Nations, Kenya is under obligation to arrest and surrender Al-Bashir to the Court when he enters the country's territory. As a result, ICC Pre-Trial Chamber I formally informed the United Nations Security Council and the Assembly of States Parties of the visit "in order for them to take any measure they may deem appropriate." CICC members also called on the Government of Kenya to arrest and surrender Al-Bashir to the ICC.

This message includes latest statements by Amnesty International and HURINET-U/UCICC (I), as well as other related news and reactions (II).

For additional information you may refer to the Coalition's website at www.coalitionfortheicc.org

Best regards,

CICC Secretariat
www.coalitionfortheicc.org

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I. CICC MEMBERS MEDIA STATEMENTS

1. "Kenya Refuses To Arrest Sudanese President Omar Al-Bashir," Amnesty International, 27 August 2010, http://www.amnesty.org/en/news-and-updates/kenya-refuses-arrest-sudanese-president-omar-al-bashir-2010-08-27

"Amnesty International has criticized the Kenyan government for its failure to arrest Sudan's President Omar al-Bashir during his visit to the country to join celebrations ushering in Kenya's new constitution, viewing the refusal to arrest President al-Bashir as an obstruction of justice for victims in Darfur.

The President of Sudan is the subject of an arrest warrant by the International Criminal Court for genocide, crimes against humanity and war crimes in Darfur.

Kenya has regrettably followed the example of Chad, which violated its obligations under international law by providing safe haven to President Bashir during his visit to the country last month, said Michelle Kagari, Deputy Director in Amnesty's Africa programme.

As Kenya has ratified the Rome Statute of the International Criminal Court, the national authorities are obliged to cooperate with the Court, including arresting persons it has charged.

Amnesty International regrets that African states - which led efforts to create the Court - last month undermined their commitment to international justice by renewing an African Union decision not to arrest President al-Bashir.

We are calling on those 31 African states that have ratified the Rome Statute to support international justice and uphold efforts to deliver justice, in particular in countries like Sudan where victims have no prospect of justice before national courts.

Amnesty International is calling on all members of the international community to ensure full accountability for international crimes committed in Sudan.

Kenya's failure to arrest President Bashir is a worrying indication of its unwillingness to cooperate with the International Criminal Court's new investigations and future prosecution of crimes committed in Kenya during the post-election violence in 2007-2008, said Michelle Kagari

It is disturbing that the Kenyan government is celebrating a new constitution - the national centre-piece of the rule of law - while obstructing justice for victims of such serious human rights violations in a neighbouring country...."

2. "Hurinet-U and the UCICC press release on President Al Bashir's visit to Kenya," 27 August 2010, http://www.coalitionfortheicc.org/documents/Kenya_and_Bashir.pdf

"Human Rights Network-Uganda, (HURINET-U) and the Uganda Coalition of the
International Criminal Court (UCICC) express dissatisfaction at the stance that the government of Kenya has taken in failing to arrest President Bashir when he visited the country to witness the promulgation of the new Kenyan Constitution. This is a portrayal of the fact that the government of Kenya does not respect her obligations under International Law.

Kenya is a State Party to the Rome Statute of the International Criminal Court. She ratified the Rome Statute of the ICC on March 15th 2005. The country domesticated the Rome Statute of the ICC by enacting the International Crimes Act 2008, which has provisions that provide for close cooperation with the court with regard to arrest and Surrender of persons on who arrest warrants have been issued. In his address at the ICC Review conference in Kampala, the Attorney General of Kenya reiterated Kenya's commitment to support and cooperate with the Court.

In November 2009, the prosecutor of the ICC on his own motion initiated investigation into allegations of war crimes and crimes against humanity committed during the Post Election Violence in Kenya. He is yet to issue arrest warrants for persons who may have committed crimes in the country. As a situation country, Kenya should take her obligations seriously since she understands the importance of executing arrest warrants in the fight against impunity.

The Rome Statute imposes obligations on State Parties of the ICC like Kenya to arrest and surrender all persons on whom arrest warrants have been issued. Further the United Nations Security Council (UNSC), under Resolution 1593 that referred the Darfur situation to the ICC imposes obligations on all UNSC members to arrest and surrender all persons including President Bashir.

It is noteworthy that Article 27 of the Rome Statute actually disregards the official capacities of Heads of state and states that immunities of Heads of States are of no consequence to the court's processes. Kenya also has obligations under the Constitutive Act of the African Union that obliges states to take measures to fight impunity; this is in addition to obligations under the Great Lakes Protocols to which Kenya is a party that call upon states to arrest and Surrender Persons who may have committed serious crimes.

It is important to point out that although the African Union has not been pursuing her obligations seriously with regard to the Al Bashir arrest warrant, and has expressed her dissatisfaction with the manner in which the ICC has handled the Darfur situation, Kenya as a country is not bound by such pronouncements by the African Union. Indeed some countries in Africa like Botswana and South Africa have unequivocally stated that they would arrest Bashir if he stepped in their respective country.

HURINET-U and the UCICC call upon all African States to execute the arrest warrants issued so as to fight impunity. Failure by states to do so betrays the concerns and interests of the Victims. We therefore urge the Kenyan government to further the above obligations and arrest President Bashir.

We therefore call upon Kenya to respect and fulfill her obligations under International
Law and more particularly Part 9 of the Rome Statute that is concerned with arrest, surrender and judicial assistance to the court. The actions by Kenya portray a systematic trend by African States that have failed to cooperate with the court. The ICC must nip in the bud such practice by invoking Article 87(7) of the Rome Statute and referring states like Kenya to the Assembly of States Parties. Failure to do so will only promote greater violations of the Statute and this must be stopped."

3. Other related NGO media statements: http://www.coalitionfortheicc.org/?mod=darfur#20

II. RELATED NEWS AND REACTIONS

A. CICC QUOTED

1. "Obama criticizes Kenya over Bashir's visit, local divisions emerge in Nairobi," 28 August 2010, http://www.sudantribune.com/spip.php?article36078

" ... The United States president Barack Obama and the European Union (EU) today criticized the decision of the Kenyan government to receive Sudanese president Omer Hassan Al-Bashir who is wanted by the International Criminal Court (ICC) for war crimes and genocide he allegedly masterminded in Darfur during the seven years conflict.

Bashir returned today from Nairobi after a short visit where he attended the ceremony of signing Kenya's new constitution and swearing in of president Mwai Kibaki and prime minister Raila Odinga. Hypothetically Kenya as a signatory to the ICC's founding treaty has an obligation to arrest Bashir once he entered its territory.

... The Deputy Defence Minister David Musila said Kenya had "brought shame to itself" adding that Bashir should be "arrested immediately and handed to the ICC."

...The chairman of the Parliamentarians for Global Action-Kenya Chapter (PGA) Musa Sirma echoed Musila's position saying that "it was an ambush to us that a person of the nature of al-Bashir comes to Kenya for a function of democracy and human rights".

...The Coalition for the International Criminal Court (CICC) called in a statement released today 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 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'...."

2. "Sudan's President and Criminal Court in Cat-and-Mouse Game," IPS, 27 August 2010, http://www.ipsnews.net/africa/nota.asp?idnews=52645

"Sudan's elusive President Omar Hassan Al-Bashir and the unrelenting Chief Prosecutor of the International Criminal Court (ICC) Luis Moreno-Ocampo are playing a political cat- and-mouse game.

.... William Pace, Convenor of the New York-based Coalition for the International Criminal Court, told IPS: '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 UN Charter, but also under its national legislation, including its new constitution, which recognizes the direct applicability of international law.'

'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,' said Pace, who leads an international coalition of some 2,500 non-governmental organisations (NGO) from over 150 countries.

..... The Coalition called on the Assembly of States Parties to the Rome Statute, as well as on the UN Security Council, to take the necessary measures to ensure the full implementation of ICC decisions, including the execution of all pending warrants of arrest. ..."

3. "ICC to report President Bashir in Kenya to UN," By Peter Opiyo and David Ochami (The Standard), 27 August 2010,
http://www.standardmedia.co.ke/InsidePage.php?id=2000016967&cid=4&

"The International Criminal Court has expressed its displeasure with the presence of Sudan's President Omar al-Bashir in Kenya and has indicated it will report Kenya to the UN Security Council.

... Deputy Defence minister David Musila who belongs to the Parliamentarians for Global Action-Kenya Chapter (PGA) said "Kenya has suffered irreparable damage internationally" and declared that it was incomprehensible for Kenya which he said was emerging from impunity with a new constitution "to allow Bashir to attend our ceremony."

PGA is a body that oversees the implementation of the Rome Statute, which Kenya domesticated by passing the International Crimes Act in December 2008.
Musila said by inviting and protecting an indicted war crimes suspect the Kenya government was telling the world that it does not care about the rule of law and international opinion.

Musila said a clique in government kept Bashir's invitation secret until this morning when he emerged on the dais at Uhuru Park in Nairobi. He said PGA received information from its headquarters in New York on the eve of the promulgation of the intended visit but PGA was not aware as the list availed to the group did not have Bashir's name.

"After receiving the information from our headquarters in New York, we made efforts to know whether it was true, but we were told the first Vice President Salva Kiir will represent the country," said Musila.

PGA Chairman and nominated MP Musa Sirma said: "It was an ambush to us that a person of the nature of al-Bashir comes to Kenya for a function of democracy and human rights," said Sirma.

The MPs who included Isiolo South MP Abdul Bahari and Matungu MP, David Were, said they are not taking the matter lightly and will on Tuesday next week seek a ministerial statement from the government on the circumstances that led to al-Bashir's invitation and why he was not arrested...."

4. "ODM demands statement over surprise visit by Sudan's leader," By BENJAMIN MUINDI AND NJERI RUGENE (Daily Nation), 28 August 2010, http://www.nation.co.ke/Kenya Referendum/ODM demands statement over visit by Sudans leader /-/926046/998972/-/ftqok0/-/index.html

"... Addressing a news conference at Parliament Buildings yesterday under the auspices of Parliamentarians for Global Action, a lobby that campaigns for adherence to international laws, Mr Musila described the presence of Mr Bashir as a blot to the otherwise successful day for Kenya.

The MPs said their headquarters in New York had earlier sent them an alert informing them of a possible visit by President Bashir and when they sought to confirm with the Government, they were reportedly assured the Sudanese leader would not be visiting.

The MPs called for an immediate explanation from the government. The MPs were concerned that the presence of Bashir in Nairobi would send a message to The Hague that Kenya would not cooperate with the ICC to arrest key suspects of the post-election violence.

Imenti Central MP Gitobu Imanyara said the Bashir issue would make the country face unnecessary international scrutiny.

He also said the visit was not made public and the government had questions to answer...."

5. "Bashir's visit to Kenya stirs anger," By James Ratemo (The Standard), 28 August 2010, http://www.standardmedia.co.ke/InsidePage.php?id=2000016961&cid=4&

"Human rights groups on Friday critisised the Kenyan government for allowing Sudanese president Omar Hassan Al Bashir to take part in the celebration of the country's new constitution.

The Human Rights Watch, the global organisation champions civil rights of people, sent a statement urging Kenya to arrest Al-Bashir on Friday if he enters Kenya but call went unheeded.

The International Center For Conflict and Policy (ICPC) also called for immediate arrest of Bashir who is wanted by the International Criminal Court (ICC) for alleged human rights violations in Darfur.

... Already, the Human Rights Watch, the global organisation which works to protect civil rights of people, sent a statement urging Kenya to arrest Bashir if he enters Kenya.

"Kenya should bar Sudanese President Omar al-Bashir from entering Kenya or arrest him for trial at the International Criminal Court if he enters Kenyan territory," reads the statement in part.

"Kenya will forever tarnish the celebration of its long-awaited constitution if it welcomes an international fugitive to the festivities," said Elise Keppler, senior counsel in the International Justice Program at Human Rights Watch.
"Even worse, hosting al Bashir would throw into question Kenya's commitment to cooperate with the ICC in its Kenyan investigation."

"Whether Kenya allows a suspected war criminal into Kenya is a test of the government's commitment to a new chapter in ensuring justice for atrocities...the Kenyan government should stand with victims, not those accused of horrible crimes, by barring Bashir from Kenya or arresting him," said Keppler...."

B. OTHER NEWS AND REACTIONS

1. "Annan calls on Kenya to 'clarify' al-Bashir's visit," By Emmanuel Onyango (Daily Nation), 29 August 2010, http://allafrica.com/stories/201008290098.html

2. "Annan furious at Bashir's presence in Nairobi", Beauttah Omanga(The Standard), 31 August 2010, http://www.standardmedia.co.ke/InsidePage.php?id=2000017104&cid=4&

3. "Annan questions Kenya's ICC commitment after al-Bashir visit", Carrie Schimizzi (JURIST), 30 August 2010, http://jurist.org/paperchase/2010/08/annan-questions-kenyas-icc-commitment-after-al-bashir-visit.php

4. "President Bashir's presence at promulgation ceremony a show of impunity by the
Executive," Kenyans for Peace with Truth and Justice, Press release, 27 August 2010, http://www.coalitionfortheicc.org/documents/KPTJ_statement_on_bashir1.pdf

5. "EU faults Kenya for inviting indicted Sudanese President", Beauttah Omanga (The Standard), 30 August 2010, http://www.standardmedia.co.ke/sports/InsidePage.php?id=2000017230&cid=4

6. "France uncomfortable with Al-Bashir's trip to Kenya", Afrique en ligne, 30 August 2010, http://www.afriquejet.com/news/africa-news/france-uncomfortable-with-al-bashir's-trip-to-kenya-2010083055274.html

7. "UK summons Kenyan envoy over Bashir", Eric Latiff (Capital FM), 1 September 2010, http://www.capitalfm.co.ke/news/Kenyanews/UK-summons-Kenyan-envoy-over-Bashir-9666.html

8. "UK envoy to Kenya says AU decisions on Bashir irrelevant to ICC obligations, Sudan Tribune, 2 September 2010, http://www.sudantribune.com/spip.php?article36157

9. "Kenya Govt and ODM party split over Bashir visit", Alshahid, 31 August 2010, http://english.alshahid.net/archives/12050

10. "Bashir circus shatters ODM, PNU ceasefire," By Walter Menya (Daily Nation), 29 August 2010, http://www.nation.co.ke/News/politics/Bashir circus shatters ODM PNU ceasefire /-/1064/999404/-/pcaccs/-/

11. "Kenya's PM party distances itself from Bashir's visit as more details emerge on trip", Sudan Tribune, 28 August 2010, http://www.sudantribune.com/spip.php?article36107

12. "Kenya Prime Minister: Al Bashir Should Have Been Arrested", South Sudan Analysis, 29 August 2010, http://sosanews.com/2010/08/30/kenya-prime-minister-al-bashir-should-have-been-arrested/

13. "Kenyan PM says Bashir must stand before ICC, wants apology made to int'l community", Sudan Tribune, 29 August 2010, http://www.sudantribune.com/spip.php?article36117

14. "Press Release on Kenya's response to the decision of the Pre-Trial Chamber of the ICC to refer the matter of President Omar Al-Bashir's presence in Kenya to the UN Security Council," Ministry of Foreign Affairs of Kenya, 29 August 2010, http://www.mfa.go.ke/mfacms/index.php?option=com_content&task=view&id=413&Itemid=62

15. "Kenya says stability trumps ICC in Bashir row", Duncan Miriri (Reuters), 29 August 2010, http://af.reuters.com/article/worldNews/idAFTRE67S0ZK20100829

16. "Kenya: Sudan presidential visit 'in our interest'", Daily News Egypt, 30 August 2010, http://w3.nexis.com/new/results/docview/docview.do?docLinkInd=true&risb=21_T10020053281&format=GNBFI&sort=BOOLEAN&startDocNo=1&resultsUrlKey=29_T10020053285&cisb=22_T10020053284&treeMax=true&treeWidth=0&csi=335148&docNo=18

17. Press Release on the decision of the Pre-Ttial Chamber of the ICC informing the UNSC and the ASP about the presence of President Omar Hassan Al-Bashir of the Sudan in the territories of the Republic of Kenya, Africa Union, 29 August 2010, http://www.africa-union.org/root/UA/Actualites/2010/aout/Press release on the Decision of the Pre trial of the ICC informing the UN Security Council about President Al-Bashir of the Sudan presence in the ter.doc

18. "Kenya, African Union defend Bashir visit", CNN, 31 August 2010, http://edition.cnn.com/2010/WORLD/africa/08/31/kenya.bashir.visit/#fbid=3HDsxFbjgQF&wom=false

19. "Efforts to Defeat ICC Action Bound to Fail", Daily Nation, 28 August 2010, http://w3.nexis.com/new/results/docview/docview.do?docLinkInd=true&risb=21_T10020053281&format=GNBFI&sort=BOOLEAN&startDocNo=1&resultsUrlKey=29_T10020053285&cisb=22_T10020053284&treeMax=true&treeWidth=0&csi=227171&docNo=33

20. "Bashir using tactics to avoid arrest-ICC prosecutor", Adrian Croft (Reuters), 29 August 2010, http://alertnet.org/thenews/newsdesk/LDE67R06U.htm

21. "Who is this man, Omar Al Bashir, that some Kenyan government officials are so desperately defending?", MARS Group Kenya, 30 August 2010, http://blog.marsgroupkenya.org/?p=2382

22. "Sudan's Leader 'Honoured' to Attend Fete", Walter Menya Wmenya (Daily Nation), 30 August 2010, http://allafrica.com/stories/201008310005.html

23. "Bashir throws Kenyan govt into disarray", Daily Nation, 30 August 2010, http://w3.nexis.com/new/results/docview/docview.do?docLinkInd=true&risb=21_T10020053281&format=GNBFI&sort=BOOLEAN&startDocNo=1&resultsUrlKey=29_T10020053285&cisb=22_T10020053284&treeMax=true&treeWidth=0&csi=227171&docNo=28

24. "Government told to reassure ICC", Isaiah Lucheli (The Standard), 31 August 2010, http://www.standardmedia.co.ke/InsidePage.php?id=2000017235&cid=159&

25. "Sudan protests EU statements on Bashir's visit to Kenya", Sudan Tribune, 1 September 2010, http://www.sudantribune.com/spip.php?article36144

26. "Kenya's blatant disregard for international law", Ahmed M. Kamara (NewsTime Africa), 29 August 2010, http://www.newstimeafrica.com/archives/13779

27. "ICC in the Media, Update #2", AMICC, 29 August 2010, http://amicc.blogspot.com/2010/08/icc-in-media-update-2.html

28. "Two Kenyans charged over anti-Bashir demo", AFP, 30 August 2010, http://www.google.com/hostednews/afp/article/ALeqM5gImjgUdIg3d0ius9GuAikUwDEdfg

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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:

ICC
P.O. Box 19519
2500 CM the Hague
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