Sudanese President Omar Bashir visited Kenya yesterday to take part in the celebration of the new Kenyan Constitution. As readers will know, the International Criminal Court (ICC) has issued two arrest warrants for President Bashir in connnection with charges of war crimes, crimes against humanity and genocide. President Bashir's visit to Kenya is his second visit to an ICC State party. Last month Bashir visited Chad which is also a party to the ICC Statute. Both Kenya and Chad invited Bashir and both refused to comply with the ICC arrest warrants which request State parties to arrest and surrender Bashir. ICC Pre Trial Chamber I, which issued the arrest warrants, issued decisions (see here and here) yesterday informing the United Nations Security Council and the ICC Assembly of State Parties of the visits by Bashir "in order for them to take any measure they may deem appropriate". In the ICC decision regarding Kenya, the Chamber stated that: "the Republic of Kenya has a clear obligation to cooperate with the Court in relation…
Extradition
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ICJ Denies Belgium’s Request for Provisional Measures in the “Prosecute or Extradite” Case
Joanna Harrington is an Associate Professor with the Faculty of Law at the University of Alberta in Canada, where she teaches constitutional law, international law, and international criminal law. Her scholarship often examines the interplay between international human rights law and criminal law, and international law and constitutional law in general. She has written previously…
The Obligation to “Extradite or Prosecute” is not an Obligation to “Prosecute or Extradite”
Joanna Harrington is Associate Professor of Law, University of Alberta, Canada. Her Phd obtained from the University of Cambridge dealt with extradition and human rights. From 2006-2008, she was on secondment to the Legal Affairs Bureau of the Canadian Department of Foreign Affairs and International Trade. In that capacity, she, among other things, was a member of the…
Belgium brings case against Senegal in the ICJ over Failure to Prosecute Hissene Habre
Belgium has filed a case in the ICJ against Senegal (see press release) with regard to Senegal's failure to prosecute former Chadian Head of State, Hissene Habre. This is the latest episode in the long running saga regarding the possible prosecution of Habre. Habre is accused of torture and crimes against humanity committed in the 1980s against…
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