2015 EDITION Vol.3 Issue 11 DIGITAL

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has evidence - often heads of militia or heads of state – usually benefit from protection; militias by the army; heads of state by the state apparatus. No one said that establishing the international rule of law was going to be easy. Seldom have major advances in human progress travelled the path of least resistance. The ICC and the international criminal justice system will persevere and thrive. They will do so not because of hopeful aspirations of their supporters or faltering by their detractors. But because of what they stand for as powerful ideas; because they meet vital needs for humanity’s progress in the modern era; because without them, we’ll regress into an even more turbulent world where chaos, volatility and violence are seen as inevitable norms. Kata Kata: Does the setback in the case against President Kenyatta encourage or discourage you to tackle the case against Mr Ruto, the deputy President of Kenya? Bensouda: No. We will face challenges, it is only normal. But that should not mean that the ICC’s mandate should not be pursued. The Court’s founding treaty, the Rome Statute is very clear: no one is above the law. We will continue to robustly fulfil our mandate. Kata Kata: Some critics have accused the ICC of minimal accomplishments of just two convictions in a dozen years, which they argue, do not justify the high costs of running it. How do you react to this? Bensouda: The ICC was established to complement criminal proceedings in national courts, not usurp them. It was never envisaged that the Court would replace domestic courts to be a global onestop-shop for criminal justice. On the contrary, its role is to encourage local, national judicial systems undertake this work. In accordance with this mandate, then, it is only when the national judicial system cannot or will not take action that the ICC steps in. In this way, the ICC was designed as a court of last resort. Criminal justice is not a numbers game. It is about following the evidence, to proescute perpetrators when the evidence supports the charges, for the defence to present a robust defence, and in this process for the truth to be established. Uncovering the truth is rarely a speedy process. The pursuit of justice will sometimes mean that a person is acquitted and other times that a person is found guilty. It is the evidence alone that will lead the Court to this conclusion. That is how real justice works. The success of the Court should therefore not be judged by the number of cases in its docket, or number of convictions. The shadow of the Court, its deterrent impact, and its ability to trigger national proceedings are all crucial in gauging its effectiveness. Lastly, in my humble view, you cannot put a value on international criminal justice. In any event, the Court’s annual overall costs are nominal considering the complexity of its mandate. Kata Kata: From the accusation of intimidation, murder, withdrawing and withholding of critical evidence, the case against the President of Kenya (Kenyatta) has been a frustrating experience, some legal analysts claim. How can you prevent such ugly realities in the future and help the ICC achieve its aims? Bensouda: The severe challenges my Office had faced in the investigation of Kenyatta include the fact that several people who may have provided important evidence regarding Kenyatta’s actions, have died, while others were too terrified to testify for the Prosecution; key witnesses who provided evidence in this case later withdrew or Kata kata cartoon magazine 22
changed their accounts, in particular, witnesses who subsequently alleged that they had lied to my Office about having been personally present at crucial meetings, and finally, the Kenyan Government’s lack of full cooperation compromised our ability to thoroughly investigate the charges. My Office will continue to receive and consider information which may shed light on those who are responsible for the 2007-2008 postelection violence. My Office remains equally committed to playing its part, within its mandate and means, to preserve the integrity of the Court’s proceedings by investigating and bringing to account those who commit offences against the administration of justice through intimidating or intimidating with witnesses. Finally, let me state that I have taken measures to ensure that the Office of the Prosecutor is a learning institution, always striving to enhance its effectiveness and efficiency through the experiences gained. You will note that in the new strategic plans of the Office, measures are now in place which will assist us in better confronting the challenges we may face, for instance through the diversification of the forms of evidence we rely upon, more in-field presence, and being as trial ready as early as possible in the judicial proceedings. Kata Kata: Credible witnesses are vital to proving your cases beyond a reasonable doubt, yet some of these witnesses might be unwilling or afraid to testify because they feel their lives are in danger. How can you guarantee the lives of or protect these potential witnesses, who are critical in achieving your legal victory? Bensouda: Again, as I have indicated, Kenya cases have seen unprecedented levels of witness interference, intimidation and obstructionism. This is a major issue for the Office, the Court and international criminal justice generally. We cannot afford to allow witnesses to be harmed, intimidated and the likes. Witness testimony is crucial to ICC proceedings, and witnesses at the Court who often have dual status also as victims deserve to be protected and should feel free to give testimony without fear or intimidation. Therefore, witness protection remains one of the Court’s highest priorities. The Office is working tirelessly with the Victims and Witnesses Unit in the Registry to address the well-being of witnesses. My Office will also continue to seek authorisation from the Judges for additional protective measures as needed. Witnesses are courageous individuals who have come forward to tell their account. This is critical to the trier of fact. We must not allow individuals to derail the course justice at the ICC through witness interference and intimidation. Kata Kata: Ironically, many Africans complain about the corruption, disrespect for the rule of law and other undemocratic impunities of their leaders, yet the same Africans complain when their corrupt African leaders are invited by the ICC to give an account of their inglorious leadership – something African masses cannot do themselves. How can you convince Africans that the ICC is more a partner than a victimizer? Bensouda: When properly understood, the ICC is an extension of African States judicial systems. In this way, the ICC is very much a court of international criminal justice for African states and all other states which have ratified the Rome Statute. That said, the Rome Statute system which underpins the ICC is based on what we call ‘complementarity’. This means that the ICC is a Court of last resort. States themselves have the primary responsibility to bring to justice those who commit atrocity crimes. Only if national authorities don’t have the capacity or the will to genuinely investigate and prosecute, will the ICC step in and exercise jurisdiction. In this way, the ICC Kata kata cartoon magazine 23 Kata kata cartoon magazine
Page 1 and 2: 20 16 Vol.2 Issue 11 SPECIAL EDITIO
Page 3 and 4: ABOUT KATA KATA CARTOON MAGAZINE Ka
Page 5 and 6: I HEAR YOU Chigau ndi ku mupozwa. (
Page 7 and 8: Kata kata village joins UNESCO‛S
Page 9 and 10: ! ! ! ! ! ! ! ! ! ! ! ! Where him,
Page 11 and 12: Haha Aya ya Banange Shooo! Eeee!! A
Page 13 and 14: www.katakata.org Ahaaaaa!! No wonde
Page 15 and 16: Whot? Me, I wan become president! Y
Page 17 and 18: Interview Exclusive Interview with
Page 19 and 20: A message for the women Bensouda: A
Page 21: Kata Kata: What merits a case as a
Page 25 and 26: not against peace and reconciliatio
Page 27 and 28: Bensouda: We should guard against p
Page 29 and 30: People and Politics POLANDAFRICA CO
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Page 33 and 34: Beauty Makeup: WHEN IS IT ENOUGH OR
Page 35 and 36: Tech. CONNECTIVITY By Mirembe Rosem
Page 37 and 38: Kids CREATIVE CLUB MY LOVING CATS I
Page 39 and 40: Virunga mountains (Tracking gorilla
Page 41 and 42: Foods COCONUT SOUP By Tedman Oscar
Page 43 and 44: Dental Practice Stedenwijk First co

2015 EDITION Vol.3 Issue 11 DIGITAL

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