Parliamentary Question: President al-Bashir in Kenya

8 September 2010 E-6988/2010 Question for written answer to the Commission Rule 117 Marietje Schaake (ALDE) Subject: President al-Bashir in Kenya Is the High Representative of the Union for Foreign Affairs and Security Policy aware that Sudanese President Omar al-Bashir will be present at today’s ceremony in Nairobi for the promulgation of Kenya’s new constitution? Does she agree that, as a signatory of the Rome Statute, Kenya should have arrested al-Bashir, who is under an International Criminal Court (ICC) arrest warrant for his alleged responsibility for the violence committed in Darfur (Sudan)? If not, why not? Does she conclude that the EU’s partnership with Kenya in the fight against piracy, along with hundreds of millions of euros in EU development aid (EUR 50 million per year from the Commission and more than EUR 500 million per year from the Member States and the Commission combined), can be continued only on the condition — as stipulated in the Cotonou Agreement — that Kenya complies with its own treaties with the international community? If not, why not? Does she agree that extending a warm welcome to a person suspected of having been involved in genocide and crimes against humanity committed by a state that is a key partner of the EU undermines the credibility of international law and the fundamental principles upon which the EU is founded? If not, why not? Does she agree that the credibility of Kenya’s commitment to the Rome Statute, particularly after the Kampala Review Conference, is at stake? If not, why not? Does she agree that every effort should be made to ensure that the credibility of the principles of international justice and of the EU itself is not compromised? What concrete action will she take — as a matter of urgency — with a view to exhorting Kenya to take responsibility and sending a strong signal that the EU does not tolerate impunity and views the rule of law as a non-negotiable principle that must be respected? Would she please say which, if any, Member States object to taking action against Kenya? If not, why not? Is there an EU strategy — or guidelines for the EEAS — for dealing with such situations, including the response of ambassadors and dignitaries attending the event? If not, might it not be wise to develop one for future occasions? What action does the High Representative envisage the EU taking, or propose that it take, in the event that the ICC gives a judicial finding — under Article 87(5) of the Rome Statute — of non-cooperation in respect of Kenya or any other state? Please find the answer here.