2015 EDITION Vol.3 Issue 11 DIGITAL

grouping of states, which has
embraced the ICC by joining the
Court.
An important fact which is often
neglected is that my Office is
already conducting important
work outside of Africa, where
atrocity crimes are alleged to have
been committed in the context of
major conflicts around the globe.
Indeed, from Iraq to Colombia,
from Afghanistan to Georgia, from
Honduras to Palestine, my Office
is already conducting preliminary
examinations, analysing whether
the legal criteria under our founding
treaty – the Rome Statute – are met
to open an investigation. As I have
already stated publicly, I will not
hesitate to open an investigation
with respect to any of these
situations where my legal mandate
requires me to do so.
When properly understood, it is not
about focusing on Africa or targeting
Africa; it is a question of jurisdiction
and working for the victims. In this
sense, we are working with and for
Africa, and we will not hesitate to do
the same in other parts of the world
where our jurisdiction permits us to
act.
Kata Kata: Many Africans
have accused your organsation of
being an extension of the Western
neo-colonialism, achieved through
the use of the Chief Prosecutor Ms.
Fatou Bensouda, an African. How do
you react to this accusation?
Bensouda: The answers
I have provided to your other
questions should already
demonstrate that this accusation is
utterly false and without merit. I will
nevertheless add the following: The
idea we are in any way ‘politicised’ is
to obscure the truth and distort the
public understanding of what we do.
The fact is that the ICC undertakes
its work in full independence and
impartiality.
When the Conference that founded
the International Criminal Court
started, some 18 years ago, the eyes
of the world were on its delegates to
herald a new era in accountability for
atrocity crimes. African leaders were
among the staunchest advocates for
the Court. As mentioned, African
countries represent the largest
regional bloc of states to have joined
the ICC.
African leaders should be
commended for the continued
leadership they have shown in
supporting the ICC’s work. Their
faith in the Court is exhibited in
their ongoing interaction with it.
Cooperation is crucial for the ICC.
The collection of evidence, witness
protection, arrest and surrender of
suspects as well as the enforcement
of sentences are all carried out
through the commitment of the
Court’s member states. They are the
enforcement arm without which
the Court cannot properly function.
Most of my Office’s requests for
cooperation to date have been sent
to African states and we benefit
from great support and cooperation
from individual African states. Civil
society, the legal profession and
grassroots support in Africa is also
strong.
As I mentioned, I have received
more formal requests for assistance
from African countries than any
others. Mali, DRC, Uganda, Côte
d’Ivoire and CAR (twice) have
all asked my Office to investigate
allegations of atrocities committed
on their territories. As you are aware,
the UN Security Council asked us
to examine situations in Darfur
and Libya. We proceed and opened
investigations in these two situations
only after we independently came
to the conclusion that the necessary
legal criteria were met. In other
words, a referral from the United
Nations Security Council does
not automatically trigger ICC
jurisdiction. It will always be an
independent assessment and a
decision by the Office whether or
not to proceed to an investigation
following a referral by the Council.
Again, we need to demystify the
ICC and demonstrate how it really
works. The potentials of the Court
as an independent and impartial
judicial institution to advance
the international rule of law are
immense and we must all support its
crucial work.
What
merits a
case as a
war crime,
genocide
or crime
against
humanity?
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