The presiding judge in his dissenting opinion cited Regulation 30 of the Regulations of the Court which makes specific provision for the holding of status conference by way of audio or via video link technology.
“This is a procedure that has been previously utilized by the chamber, and in my view, if requested in sufficient time to enable necessary arrangements to be made, could have been an appropriate alternative in this instance,” the Judge observed.
Diplomacy experts see the insistence that he attends the status conference in person as an affront to Kenya’s sovereignty.
“The insistence is an attempt of erosion of Kenya’s sovereignty,” said Professor Peter Kagwanja, chief executive of the Africa Policy Institute.
“I don’t think they (ICC judges) will insist the same of the British Prime Minister for example,” Prof Kagwanja said of the order which, if heeded, will see the ICC host a sitting head of state for the first time in its existence.
President Kenyatta has made an appearance in The Hague-based court before he was elected.
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