ICC tells Security Council of Sudanese leader’s Kenyan trip despite indictment

President Omar al-Bashir of Sudan

27 August 2010 – The International Criminal Court (ICC) today informed the Security Council that Sudan’s President Omar al-Bashir, who is wanted by the tribunal on charges of genocide, war crimes and crimes against humanity, travelled to Kenya, which, like other States, is obliged to enforce the court’s arrest warrants against him.

Last month, the ICC issued a second arrest warrant for Mr. Bashir, adding genocide to the list of charges for crimes he allegedly committed in the war-ravaged Darfur region of western Sudan. In March 2009 the Sudanese leader became the first sitting head of State to be indicted by the Court, which charged him with two counts of war crimes and five counts of crimes against humanity.

Today, Mr. Bashir travelled to Nairobi at the invitation of the Kenyan Government to attend a public function to promulgate the country’s new constitution. The ceremony was attended by several other African heads of State and other dignitaries.

The Security Council will “take any measure they may deem appropriate” regarding Mr. Bashir’s presence in Kenya, the ICC said in a press release.

The ICC noted that the warrants of arrest against Mr. Bashir are yet to be executed.

“The Republic of Kenya has a clear obligation to cooperate with the Court in relation to the enforcement of such warrants of arrest, which stems both from the United Nations Security Council Resolution 1593, whereby the United Nations Security Council ‘urge[d] all States and concerned regional and other international organizations to cooperate fully’ with the Court, and from article 87 of the Statute of the Court, to which the Republic of Kenya is a State Party,” the ICC said.

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