International Law: Difference between revisions
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== Why | == Why Kenyans Must Obey International Law == | ||
=== 📝 Constitutional Obligation (Article 2(5) & 2(6)) === | === 📝 Constitutional Obligation (Article 2(5) & 2(6)) === | ||
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* ''Article 2(6)'' – Any treaty or convention ratified by Kenya shall form part of the law of Kenya. | * ''Article 2(6)'' – Any treaty or convention ratified by Kenya shall form part of the law of Kenya. | ||
✅ This means that international law is not optional — it is part of Kenyan law and enforceable in Kenyan courts. | |||
=== 🤝 Ratification of Treaties and Conventions === | === 🤝 Ratification of Treaties and Conventions === | ||
Kenya has voluntarily signed and ratified key international treaties, including: | Kenya has voluntarily signed and ratified key international treaties, including: | ||
* International Covenant on Civil and Political Rights (ICCPR) | * [[ International Covenant on Civil and Political Rights (ICCPR)| International Covenant on Civil and Political Rights (ICCPR)]] | ||
* Convention Against Torture (CAT) | * [[ Convention Against Torture (CAT) | Convention Against Torture (CAT)]] | ||
* African Charter on Human and Peoples’ Rights | * [[ African Charter on Human and Peoples’ Rights | African Charter on Human and Peoples’ Rights ]] | ||
* UN Convention on the Rights of the Child | * [[ UN Convention on the Rights of the Child | UN Convention on the Rights of the Child ]] | ||
* Rome Statute of the International Criminal Court | * [[ Rome Statute of the International Criminal Court | Rome Statute of the International Criminal Court]] | ||
✅ Once ratified, Kenya is legally bound to respect, protect, and fulfill the rights enshrined in these instruments. | |||
=== 📝 Important international law sections and articles=== | |||
* [[ UN Code of Conduct for Law Enforcement Officials (1979)| UN Code of Conduct for Law Enforcement Officials (1979)]] | |||
* [[ Universal Declaration of Human Rights (UDHR)| Universal Declaration of Human Rights (UDHR)]] | |||
* [[ UN Code of Conduct for Law Enforcement Officials (1979)|UN Code of Conduct for Law Enforcement Officials (1979)]] | |||
* [[ UN General Comment No. 36 (2018) – Article 6 of the ICCPR (Right to Life)| UN General Comment No. 36 (2018) – Article 6 of the ICCPR (Right to Life)]] | |||
* [[ UN General Assembly Resolution 68/167 – The Right to Privacy in the Digital Age (2013)| UN General Assembly Resolution 68/167 – The Right to Privacy in the Digital Age (2013)]] | |||
* [[ UN Special Rapporteur Reports (especially on extrajudicial, summary or arbitrary executions)| UN Special Rapporteur Reports (especially on extrajudicial, summary or arbitrary executions)]] | |||
* [[ UN Human Rights Council Resolution 25/38 – Protection of Human Rights in Protests (2014)|UN Human Rights Council Resolution 25/38 – Protection of Human Rights in Protests (2014)]] | |||
* [[ United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990)| United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990)]] | |||
* [[ICCPR Article 9 – Liberty and Security of Person]] | |||
* [[Convention Against Torture (CAT) & ICCPR – Freedom from Torture]] | |||
* [[ICCPR Article 21 & ACHPR Article 11 - Freedom of Peaceful Assembly]] | |||
* [[International Convention for the Protection of All Persons from Enforced Disappearance]] | |||
* [[Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)]] | |||
Latest revision as of 01:31, 27 July 2025
Why Kenyans Must Obey International Law
📝 Constitutional Obligation (Article 2(5) & 2(6))
Under the Constitution of Kenya (2010):
- Article 2(5) – The general rules of international law shall form part of the law of Kenya.
- Article 2(6) – Any treaty or convention ratified by Kenya shall form part of the law of Kenya.
✅ This means that international law is not optional — it is part of Kenyan law and enforceable in Kenyan courts.
🤝 Ratification of Treaties and Conventions
Kenya has voluntarily signed and ratified key international treaties, including:
- International Covenant on Civil and Political Rights (ICCPR)
- Convention Against Torture (CAT)
- African Charter on Human and Peoples’ Rights
- UN Convention on the Rights of the Child
- Rome Statute of the International Criminal Court
✅ Once ratified, Kenya is legally bound to respect, protect, and fulfill the rights enshrined in these instruments.
📝 Important international law sections and articles
- UN Code of Conduct for Law Enforcement Officials (1979)
- Universal Declaration of Human Rights (UDHR)
- UN Code of Conduct for Law Enforcement Officials (1979)
- UN General Comment No. 36 (2018) – Article 6 of the ICCPR (Right to Life)
- UN General Assembly Resolution 68/167 – The Right to Privacy in the Digital Age (2013)
- UN Special Rapporteur Reports (especially on extrajudicial, summary or arbitrary executions)
- UN Human Rights Council Resolution 25/38 – Protection of Human Rights in Protests (2014)
- United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990)
- ICCPR Article 9 – Liberty and Security of Person
- Convention Against Torture (CAT) & ICCPR – Freedom from Torture
- ICCPR Article 21 & ACHPR Article 11 - Freedom of Peaceful Assembly
- International Convention for the Protection of All Persons from Enforced Disappearance
- Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)