16 November 2009
Nairobi — The US Government will cooperate with the International Criminal Court to prosecute perpetrators of the post-election violence if a local mechanism fails. President Obama's special envoy on war crimes Stephen Rapp also said in Nairobi that the US would continue issuing visa bans.
The envoy is in the country for a series of meetings with senior government leaders to push for the prosecution of the post-election suspects. He spoke as sections of the media reported the presence of CIA and FBI agents in Rift Valley Province investigating reports that communities are arming themselves in readiness for 2012.
Although a decision had not yet been made, Mr Rapp who was addressing a media conference at the United States ambassador's residence said the Obama administration was exploring areas it could assist the ICC. "The Obama administration made a decision to return to the ICC in an observer status."As such, we will look at this situation and make a decision on what areas to cooperate with ICC."
He continued: "If the prosecutor seeks our attention, we shall be willing to assist." The envoy said the US would not do anything outside the framework of the ICC. Mr Rapp met ICC chief prosecutor Luis Moreno-Ocampo on Wednesday last week in Kigali to get an update on the Kenyan situation.
The US is not a member of the ICC, but it enjoys an observer status. It would also be attending the ICC State Parties meeting between November 18-26 in Rome and in June 2010 in Uganda where the Rome Statute would be subjected to review, Mr Rapp said.
Kenya, he added, had no choice but to cooperate with the ICC. He underscored the need for a local special tribunal as a first line remedy to end the culture of impunity. He criticised the Grand Coalition Government of reneging on an important promise they made to bring the suspects to book.
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