Yesterday, Pre-Trial Chamber I of the International Criminal Court issued a decision by which it:
INFORMS the Security Council of the United Nations and the Assembly of States Parties to the Rome Statute about Omar Al-Bashir's presence on the territory of the Republic Kenya, in order for them to take any measure they may deem appropriate;
Actually, the reasons for the decision only speak about ‘the expected attendance of Omar Al-Bashir at the celebration scheduled for Friday 27 August’ in
. The Chamber says its finding is based upon public information, and it provides a couple of internet websites as authority. Kenya
I don’t understand why they bother with such ‘decisions’. It is true that Bashir actually did go to
, but when the decision was issued this had not yet taken place. When the decision was issued, Kenya was under no particular obligation, and it cannot be said that it had at that time failed to honour its obligations under the Rome Statute. Kenya
For the record, article 87(7) states:
7. Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.
There is no authority under the Statute for the Pre-Trial Chamber to ‘inform’ the Security Council or the Assembly of States Parties about developments of which it has learned on the internet. Anyway, don’t the members of the Security Council read the newspapers and surf the internet too?