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Press Release AU Bashir/Kenya (Muigwithania.com)

Press Release AU Bashir/Kenya (Muigwithania.com)

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Published by muigwithania
African Union
African Union

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Published by: muigwithania on Aug 30, 2010
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08/31/2010

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AFRICAN UNIONUNION AFRICAINEUNIÃO AFRICANA
Addis Ababa, ETHIOPIA P. O. Box 3243 Téléphone : 5517 700 Fax : 5511299website : www. africa-union.org
DIVISION OF COMMUNICATION AND INFORMATIONPRESS RELEASE N° 119/2010ON THE DECISION OF THE PRE-TRIAL CHAMBER OF THE ICC INFORMING THE UNSECURITY COUNCIL AND THE ASSEMBLY OF THE STATE PARTIES TO THE ROMESTATUTE ABOUT THE PRESENCE OF PRESIDENT OMAR HASSAN AL-BASHIR OFTHE SUDAN IN THE TERRITORIES OF THE REPUBLIC OF CHAD AND THEREPUBLIC OF KENYA
Addis Ababa, 29 August 2010 -
The African Union Commission has noted withgrave concern statements attributed to some members of the UN Security Councilas well as the decisions ICC-02/05-01/09 of 27 August 2010 of the ICC Pre TrialChamber informing the United Nations Security Council and the Assembly of theStates Parties to the Rome Statute about Omar Al-Bashir's presence in theterritories of the Republic of Chad and the Republic of Kenya.The said statements and the decisions assert that the two African Union Member States have
a clear obligation to cooperate with the Court in relation to theenforcement of such warrants of arrest, which stems both from the United NationsSecurity Council Resolution 1593, whereby the United Nations Security Council ‘urge[d] all States and concerned regional and other international organizations tocooperate fully’ 
 
with the Court, and from article 87 of the Statute of the Court”,
towhich the two countries are state parties. The African Union Commission further notes that the decision by the Pre-Trial chamber was made strangely in respect of the “expected attendance of Omar Al Bashir at the celebration scheduled for Friday, 27 August 2010”.The African Union Commission expresses its deep regret that both the statementsand the decisions grossly ignore and make no reference whatsoever to theobligations of the two countries to the African union, arising from Article 23 (2) of the Constitutive Act of the African Union, to which Chad and Kenya are StateParties, and which obligate all AU Member States “
to comply with the decisionsand policies of the Union”.
 
 Additionally,
the statements and the decisions did nottake cognisance whatsoever of the obligations of AU Member states arising fromdecision Assembly/AU/Dec. 245(XIII) adopted by the 13
th
Ordinary Session of theAssembly of Heads of State and Government, wherein the Assembly
“Decide[d] that in view of the fact that the request by the African Union has never beenacted upon (by UN Security Council), the AU Member States shall nocooperate pursuant to the provisions of Article 98 of the Rome Statute of theICC relating to immunities, for the arrest and surrender of President Omar El 
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