Permanent Mission of Kenya
to the United Nations
Statement
By H. E. Mr. Fares M. Kuindwa, EGH, EBS
Ambassador Permanent Representative
Sixth Committee
54th Session United Nations General Assembly
Agenda Item: 158
Establishment of an International Criminal Court
22 October 1999
Mr. Chairman,
I thank you for giving me the floor. My delegation is happy to
participate in the preparations for the establishment and
operationalization of the International Criminal court. I assure
you, Mr. Chairman, of our full support in that regard.
We thank Ambassador Philippe Kirsh, members of the Bureau and the
coordinators for the excellent work they have done.
Mr. Chairman,
The adoption of the Rome Statute last year is a significant
milestone in the progressive development of international law.
The amount of outstanding work that has already been done bears
testimony of the importance which the International
community attaches to this issue. It is particularly,
encouraging that 89 countries have so far signed the statute. We
urge those that have not signed it to do so. Kenya became the 84th
state to sign the Statute. We are taking the necessary steps to
ratify it as soon as possible, and we hope that other delegations
will do the same. The recent experiences particularly in
East Timor, Liberia, Yugoslavia and Rwanda have demonstrated the
urgency of establishing the Court.
Our experience in cooperating with the International Criminal
Tribunal on Rwanda based in Tanzania has shown that it is
possible to cooperate with the Court even without the necessary
domestic legislation. In that connection, we foresee no
major problem in our ability to cooperate with the International
Criminal Court when it becomes operational. Kenya
recognizes the absolute utility and necessity of establishing a
forum where perpetrators of crimes which not only affect
warring factions but adversely affect neighboring countries can
be brought to justice.
Mr. Chairman,
We have noted that in the last PrepCom in July/August, 1999, 45% of the work of the PrepCom was accomplished and 60% of the time allocated utilized. In view of the deadline of June 2000, my delegation supports the position that additional meetings be scheduled before that deadline to provide more time for the PrepCom to complete its work.
Mr. Chairman,
Kenya would like to see the Court become operational as soon as
possible and for that to take place, it is essential that the
exercise of the elaboration of the rules of procedure and
evidence as well as elements of crime be completed. In that
regard, the definition of the crime of aggression must be
accorded the necessary priority. We understand its sensitivity,
and are confident that a compromise solution will be worked out
without eroding the core of the crime itself. We are of the view that
the crime of aggression touches the very spirit of
the Statute in particular, and crimes against humanity in
general. It must be clearly defined, so that it can occupy its
rightful place in the Statute with the rest of the crimes. It is
of cardinal importance that these outstanding issues are sorted out
as soon as possible in order to create a conducive atmosphere, for the
universal acceptance of the Statute.
Mr. Chairman,
My delegation recognizes the role which has been played by a
number of NGO's, and international organizations in the
work already done. In view of the complex and elaborate changes
which must be undertaken for national jurisdictions to
complement the Court, we would like to appeal to these
organizations to extend their support to our sub4egion so that
political, moral and social will can be mobilized to support the
early ratification of the Statute.
Mr. Chairman,
At the threshold of the millennium and the UN decade of
international law, it is fitting that the international community
should ensure the establishment of the international criminal
court. We hope this will happen with the full and effective
participation of developing countries including the Least
Developed Countries. To that end, we join in the appeal to our
developed partners and others, to contribute to the Trust Fund in
order to ensure the required level of participation.
Thank you Mr. Chairman.
