Kenya late last month launched a new constitution. The event was marked by a gala celebration in Nairobi that included other regional leaders and heads of state. Sadly, among the guests was Sudanese President Omar Hassan al-Bashir. His attendance, while no doubt intended to honor his hosts, was also a snub at the International Criminal Court (ICC), which has accused Mr. Bashir of war crimes, crimes against humanity and genocide. Yet, rather than honor that warrant and arrest Mr. Bashir, Kenya afforded him high honors. It is both a snub to the ICC and a troubling indication of the Kenyan government's thinking about human rights.
The ICC made history by issuing a warrant for Mr. Bashir's arrest in March 2009 on five counts of crimes against humanity and two of war crimes for allegedly orchestrating atrocities in the troubled region of Darfur in southern Sudan. The indictment was historic: It was the first time that a sitting head of state had been served with charges by the ICC. Three months later, the court added three counts of genocide to the charges against him. The warrant alleged that that Mr. Bashir, and his government, were complicit in the slaughter of hundreds of thousands of Sudanese and the displacement of millions more after they rose up against central government discrimination and neglect.
Mr. Bashir rejected the allegations, charging that they were without foundation and were yet another indication of Western imperialism toward Africa. He has received a sympathetic hearing from other leaders in Africa even though signatories to the treaty establishing the ICC are supposed to cooperate with the court and arrest individuals who have been charged by it. The court issued a statement noting that Kenya "has a clear obligation to cooperate" in enforcing arrest warrants. The Kenyan government chose to ignore that obligation: Mr. Bashir was escorted to the event by a Cabinet minister and had a front row seat at the Aug. 27 celebrations.