By Fatou Bensouda, ICC Prosecutor.
As Prosecutor of the International Criminal Court (“ICC” or the “Court”), my mandate is to investigate and prosecute perpetrators of war crimes, crimes against humanity and genocide, where we have jurisdiction and the relevant national authorities are either unwilling or unable genuinely to do so.
I have proudly served this important institution for more than 10 years, and since June 2012, as its Prosecutor. It is a great privilege and an honour to serve in this capacity. The role carries with it immense responsibilities, and I’m most committed to continuing to fulfil my mandate in accordance with the Rome Statute without fear or favour.
Much has changed since a decade ago. While challenges remain, the Court also has significant achievements to its name. The ICC has not seen busier days.
In the context of my Office’s preliminary examination work, we’re currently analysing eight situations from around the world, including with respect to Afghanistan, Georgia, Palestine, Iraq (regarding alleged detainee abuse by UK forces), Ukraine and Colombia, to determine whether the legal criteria of the Rome Statute have been met to open an investigation.
My Office has already opened nine investigations in Uganda; the Central African Republic (two separate investigations); Sudan, Darfur; the Democratic Republic of the Congo; Kenya, Libya, Côte d’Ivoire, and Mali. More recently, I also requested authorisation from the Court’s judges to open an investigation into the situation in Georgia. That judicial determination is pending.
On the strength of the Office’s new strategic plans, we continue our work in the courtroom by bringing cases built on solid foundation, and by so doing, demonstrating the severity of Rome Statute crimes and hopefully to deter future crimes. This brings me to an important point.
As calls for the exercise of our jurisdiction grow from all four corners, my Office continues to face resource challenges. This increase in demand for justice has not been fully matched by a similar increase in resources.
Support from States Parties for adequate resources is critical to carry out quality preliminary examinations, investigations, and prosecutions. Investing in justice will pay dividends for peace, stability and economic growth, while the return on that investment in human terms is incalculable.
Similarly, strong institutional structures and policies that allow us the flexibility to adapt to these increasing demands within the strict legal confines of the Statute are fundamentally important. For this reason, I have invested specifically in the development of a comprehensive Code of Conduct for my Office as well as policies, and new strategic approaches to our work.
In June 2014, we promulgated the Office’s Policy Paper on Sexual and Gender-Based Crimes. We are also busy working on a similar Policy Paper on Children in and affected by armed conflict. Other policies are being contemplated, including a comprehensive Office policy on protected property, including historical buildings and monuments, under the Rome Statute. All such efforts are geared towards enhancing the quality of our performance and ensuring our effectiveness.
These are not merely feel-good words or lofty goals. I have made quality performance a top priority in everything we do at my Office. We must strive to consistently generate results and achieve efficiency-gains where possible. We have already started to see the fruits of such efforts in practice.
Our work is not done in isolation. States Parties have the primary responsibility to investigate and prosecute Rome Statute crimes. It is thus our hope that such policies not only contribute to strengthening our own processes, but can also be of assistance to national authorities in their efforts to root out atrocity crimes.
Only when all actors within the Rome Statute system work closely together and in full harmony, can we achieve the common goal of ending impunity for the most serious crimes of international concern.
Mrs. Fatou Bensouda, Prosecutor of the International Criminal Court
Mrs. Fatou Bensouda is the Prosecutor of the International Criminal Court (ICC), having assumed office in 2012. In 2011, she was elected by consensus by the Assembly of States Parties to serve in this capacity. Mrs Bensouda was nominated and supported as the sole African candidate for election to the post by the African Union.
Between 1987 and 2000, Mrs. Bensouda was successively Senior State Counsel, Principal State Counsel, Deputy Director of Public Prosecutions, Solicitor General and Legal Secretary of the Republic, and Attorney General and Minister of Justice, in which capacity she served as Chief Legal Advisor to the President and Cabinet of The Republic of The Gambia.
Her international career as a non-government civil servant formally began at the UN International Criminal Tribunal for Rwanda, where she worked as a Legal Adviser and Trial Attorney before rising to the position of Senior Legal Advisor and Head of the Legal Advisory Unit (2002 to 2004), after which she joined the ICC as the Court’s first Deputy Prosecutor. Mrs. Bensouda has served as delegate of The Gambia to, inter alia, the meetings of the Preparatory Commission for the ICC.
She is the recipient of numerous awards, including the distinguished ICJ International Jurists Award (2009), presented by the then President of India P. D. Patil; the 2011 World Peace Through Law Award presented by the Whitney Harris World Law Institute, the American Society of International Law’s Honorary Membership Award (2014), and the XXXV Peace Prize by the United Nations Association of Spain (2015).
In addition to receiving several honorary doctorates, Mrs. Bensouda has been listed by Time magazine as one of the 100 most influential people in the world (2012); by the New African magazine as one of the “Most Influential Africans;” by Foreign Policy as one of the “Leading Global Thinkers” (2013), and by Jeune Afrique as one of 50 African women who, by their actions and initiatives in their respective roles, advance the African continent (2014 & 2015).
Photography by Photoline.
