New contributor to Diplomatically Incorrect is Jim Okore. He is an MA graduate student from Kenya, and had both a principled view and legal analysis of the failure of many of African leaders and the AU (African Union) to arrest indicted persons as Sudan’s President Bashir and to support efforts of the International Criminal Court (ICC). MORE on Jim Okore at Bottom of Article. JIM OKORE’s Analysis: 'The continental club of dictators' (African Union) has been working to circumvent achievements being made by The Court. State Parties such as Malawi and Kenya have failed to arrest and surrender/transfer Bashir. He was invited to Kenya during the promulgation of the new constitution under suspicious circumstances. His entry to the venue signaled the defiling of the noble achievement that Kenya had (a new constitution). Recently, a Kenyan High Court judge, Ombija, ruled that Kenya should arrest and surrender Bashir! This was not met well with one faction of the government (PNU Alliance) which have since used the Attorney General, Githu Muigai, to challenge the legality of that ruling in a Court of Appeal. The Foreign Secretary, Moses Wetangula, has extended the persistent impunity in the country by choosing to be political with the precedential ruling. This together with the conduct of this faction of government with regard to the Kenyan cases before The Court, this move on Bashir’s ruling clearly illustrates the unwillingness of the government to respect international legal mechanisms. Kenya has been citing the Vienna Convention on Diplomatic Relations and reiterated that heads of state enjoy immunity from jurisdiction. This is of course a misconception of the legal provisions. Essentially, international customary law has primacy over all other principles especially in crimes that are universally regarded as heinous. When customary law collides with treaty law, the former emerges the victor. Martens’ Clause on Humanity and Public Conscious extends the significance and primacy of customary law as it is also brought out in the Preamble of the Geneva Conventions. The Rome Statute establishing The Court also negates the immunity from matters juris on official capacity (pursuant to Art. 27) Jim Okore was Responding to several of our articles on failure of African states to cooperate with the ICC/arrest re President Bashir of Sudan including: See Film Report – “Reminding Darfur @ UN Security Council” - diplomaticallyincorrect.org/films/movie/reminding-darfurun-security-council/29460 “ICC Issues Arrest Warrant Over Darfur” - diplomaticallyincorrect.org/films/blog_post/icc-issues-arrest-warrant-over-darfur-by-ambassador-mo/42249 “UN Mandate Expanded for Abyei, Sudan” - diplomaticallyincorrect.org/films/blog_post/un-mandate-expanded-for-abyei-sudan-by-ambassador-mo/42877 More About JIM OKORE: ---From & Lives in Nairobi, Kenya ---Languages - include Spanish, Swahili, and English ---Education - Currently, Masters of the Arts Program (2012) at USIU- United States International University – Africa -Studying Development Studies, International Relations Graduated College 2010 - USIU, International Relations and Integrated Studies Jim Okore is also on Facebook. --- Map of ICC State Parties and/or Signatories to Rome ICC Treaty - globalsolutions.org/law-justice/international-criminal-court MORE Discussion/Debate & News: Facebook Become a Fan at “Diplomatically Incorrect”




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