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- Written by Cornelius Wekesa Lupao, Advocate
- Created: Monday, 28 November 2011
International Commission of Jurists-Kenya v Attorney General & 2 others
High Court, at Nairobi
N.R.O. Ombija J
November 28, 2011.
''Applying International Law principles to the facts of this case, the High Court in Kenya clearly has jurisdiction not only to issue warrant of arrest against any person, irrespective of his status, if he has committed a crime under the Rome Statute, under the principle of universal jurisdiction, but also to enforce the warrants should the Registrar of the International Criminal Court issue one......In respect of this particular case, two warrants of arrest were issued against President Omar Ahmad Hassan Al Bashir [Omar Al Bashir], the sitting President of the sovereign Republic of Sudan on 4th March 2009 with five counts of crime against humanity and two of war crimes on 12th July, 2010 with three counts of genocide for allegedly orchestrating atrocities in the Western Province of Dafur in Sudan. It is in evidence, that subsequent to the issuance, the Registrar of the International Criminal Court [ICC] sent a supplementary request to ask the State parties to the Rome Statute to effect the arrest and surrender of President Omar Ahmad Hassan Al Bashir [Omar Al Bashir] should he come to the respective territory. It is common ground that Kenya is a State party to the Rome Statute.........State parties are under a duty to execute or extradite the perpetrators of International Crimes to the ICC for prosecution. ''