Blog Posts: Kenya

al-Shahaab Raid Justified by AUMF

On October 5, 2013, US Navy SEALS conducted a raid to capture Abdikadir Mohamed Abdikadir, a Kenyan national, in Somalia. Abdikadir is a senior member of al-Shabaab, the al-Qaeda linked terrorist group that claimed responsibility for the deadly attack on the Westgate shopping mall in Nairobi, Kenya. Considering that U.S. embassy operations are currently suspended in Somalia, and the United States is not engaged in a military conflict with Somalia outside of performing support obligations to the Africa Union through NATO, under what authority was the United States acting?

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No Comments | Posted by Max P. Biedermann on Wed. February 12, 2014 8:00 AM
Categories: African Union, AUMF, Customary International Law, Kenya, Somalia, Syria

Attack on Kenya's Westgate Mall Sparks African Union's Battle with the International Criminal Court

Amidst growing unhappiness with the International Criminal Court, the African Union now demands the trial of Kenyan President Uhuru Kenyatta be postponed following the Westgate Mall shooting in Nairobi, Kenya. President Kenyatta and his deputy, William Ruto, are both charged with crimes against humanity. The two are accused of being involved in violence that followed the disputed presidential elections of 2007 leaving over 1,100 people dead and more than 600,000 displaced.

The International Criminal Court was established in 2002 when its founding treaty, the Rome Statute, entered into force. The ICC was created to prosecute claims of genocide, crimes against humanity, and war crimes that were not being properly investigated in the countries where they took place. Today, 122 countries have ratified the Rome Statute and submitted themselves to the ICC’s jurisdiction. Of the African Union’s 54 members, 34 are parties to the ICC.

The members of the African Union believe that no sitting head of state should be prosecuted by an international tribunal, and that the trial of President Kenyatta should be postponed as a result. Pressure has been building . . .

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No Comments | Posted by Emily C. Doll on Thu. November 7, 2013 8:00 AM
Categories: African Union, International Criminal Court, International Human Rights, Kenya

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