Mr. President,

Allow me at the outset to join previous speakers in congratulating you on your unanimous election to preside over this important conference. On behalf of my delegation, I assure you of the support of the Government of Kenya. Let me also thank the Government of Italy for hosting this important conference.

Mr. President,

This historic gathering is perhaps the most important event to take place in the field of codification and progressive development of international law since the creation of the United Nations. Its successful outcome will not only pave the way for the establishment of an international criminal court but also transform international law as we know it today. My delegation wishes to express its gratitude to Adrian Bos of the Netherlands for his pioneering role as President of the Preparatory Committee for the establishment of the International Criminal Court. The excellent and skilful manner in which he guided difficult negotiating session of the preparatory meetings in New York including intersessional consultations have been essential to the progress achieved so far towards preparing a widely acceptable draft statute for the establishment of the court.

The fact that the Preparatory Committee was able to prepare and present to this Conference a consolidated text which will form the basis of our negotiations, is an achievement that demonstrates the willingness and determination of the international community, represented by different legal system and tradition, to overcome the many difficult and complex issues, and find ways to reach agreement on the Status of the Court.

Mr. President,

International cooperation and integration has reached a level where the world has become a global village and consequently the creation of a permanent international criminal justice system to deal with core crimes of genocide, crimes against humanity war crimes and aggression is a natural progression of this development. We must therefore be guided by the vision that as we begin the new millennium our International Criminal Court which stands as a corner stone of the principle of the universality of human right shall be in place and functioning. Let me reaffirm Kenya's commitment to the establishment of an effective, impartial, credible and independent international criminal court.

The international criminal court that we seek to establish must be effective in its area of jurisdiction, and free from political manipulation, interference or pressure, pursuing only the interests of justice with due regards to the rights of the accused and the interests of the victims.

We continue to believe. that in order for the Court to have a truly universal character, the remaining unresolved issues must be addressed comprehensively and in a manner that strikes a proper and realistic balance. To obtain this result. there-must first and foremost exist a strong political will on the part of the international community and certainly by the state parties which will sign and ratify the Statute.

We hope that delegations will spare no effort in trying to achieve consensus, which is the only way to guarantee the early establishment of the Court and preserve its integrity and universality. The delegation of Kenya will be supportive of all efforts aimed at realizing this objective.

Mr. President,

Permit me to make the following observations:

1) The principle of complementarity is central to the basic notion of the international criminal justice system. The primary responsibility for the prevention, suppression and prosecution of those who commit crimes rests with state. Whereas the International Criminal Court should not act where there are effective national systems, it should act where such national systems do not exist or are ineffectual.

2) There is a need to state clearly, precisely and exhaustively so far as it is possible, that serious crimes over which the Court will have jurisdiction.

3) The prosecutor is an essential component of the Court and the functions he is expected to perform are therefore, critical. We however, feel that the powers to investigate and initiate ex-officio prosecutions should be clearly defined so that they are not opened to the risk of abuse. We believe that the accountability of an ex-officio prosecutor can be guaranteed by having safeguards in form of strict review of procedure conducted by the pre-trial chamber vested with oversight powers to ensure that no charges are brought without a cause.

4) The Security Council has an important role entrusted to it by member states of ensuring te maintenance of international peace and security. The relationship between the Security Council and the Court need to be clarified so as to ensure the independence and the legitimacy of the Court are not undermined.

5) The method of financing the International Criminal Court will be crucial to the Court's efficacy and ultimately its success. Lack of adequate resources could cripple the Court and thereby compromising its effectiveness. There is need. therefore, to set up a suitable mechanism for the financing of the Court in order to preserve its independence.

As we strive to establish an International Criminal Court, we must not forget to strengthen national institutions to preserve and embody the rule of law and effective democratic systems at all levels. Indeed in the World Conference on Human Rights which was held in Vienna, the International Community was called upon to assist the member states from the developing countries in their efforts to strengthen their institutions in the administration of justice system including the Courts. Since the primary responsibility of enforcing any penal system nines on states, efforts must be made to strengthen such national institutions.

Mr. President,

The next five weeks may tax the energy and patience of all delegates as we navigate around the complex and difficult issues that remain unresolved. However, I'm confident that with vision as our guide and with the spirit that has so far guided our deliberations we should be able to successfully conclude this Conference.

Mr. President,

let us seize this historic opportunity and ensure that the International Criminal Court becomes a reality as soon as possible.

Thank You.