, NAIROBI, Kenya Jan 28 – The political ambassador of the International Criminal Court Christian Wenaweser has concluded his visit of Kenya with the demand that the Coalition Government should clarify its contradictory positions on the Hague trials.
He told a media conference that there was no clear-cut understanding of how Kenya wanted the ICC process to continue.
"You have seen what is out there in the media… I can only tell you about my conversations with my counterparts. I have strongly encouraged a statement by the government that will clarify its position because there has been some confusion over the last few days," he said.
The President of International Criminal Court Assembly of State Parties reiterated that Kenya stood a better chance to have the cases against the six deferred if it approached the ICC directly.
He said that the bid to approach the United Nations Security Council could be counterproductive since it would legal and political consequences.
He explained: "First of all it will not be an expression of continued cooperation with the court by the Kenyan government. It would also implicitly be a statement that the situation here poses a threat to international peace and security because the Security Council will be seized or be asked to act on Chapter Seven of the UN Charter."
Chapter VII UN charter states: "The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security." This means that any member country can be called upon to arrest the suspects.
Before coming to Kenya, Ambassador Wenaweser was in Addis Ababa for a three-day visit to explain the workings of the ICC, ahead of the AU Summit, where the Kenya is expected to rally the continent behind its bid to have the case deferred by the United Nations Security Council.
"I have not heard that from anyone I have spoken with. I have spoken with Kenyan officials in New York, in Addis and also extensively here that there is any intention of the government to withdraw from the Rome Statute nor from anybody else," said Mr Wenaweser.
He at the same time dismissed reports that his tour was aimed at forestalling an exodus by African member states which form the bulk of the 84-member ICC bloc.