Originally published on the CGS blog on November 28, 2011.
A Kenyan court today issued an arrest warrant for Sudanese President Omar al-Bashir, who has been indicted by the International Criminal Court (ICC) on charges of genocide, war crimes, and crimes against humanity. This decision will hopefully put an end to the impunity Bashir had previously enjoyed when he traveled to the country.
As a state party to the ICC, Kenya is legally obligated to turn over Bashir and any other individuals indicted by the Court as soon as they set foot on its soil. However, in August of 2010 Bashir visited Kenya without being arrested, illustrating the gap in the ICC’s ability to enforce cooperation among its member states when it comes to turning over indictees. ICC judges then reported Kenya to the United Nations Security Council for its failure to turn over Bashir.
It’s gratifying to see Kenya stepping up to the plate and declaring that it will live up to its obligations as an ICC state party. The only way the Court can enforce its warrants and bring criminals to justice is if all its member states follow this example. Hopefully Kenya is setting a precedent that other nations who have previously hosted criminals like Bashir will follow, hastening the day he will face justice in the Hague.
