2015 EDITION Vol.3 Issue 11 DIGITAL
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encourages all genuine efforts to do<br />
justice for victims, respecting the<br />
highest standards.<br />
The Office strives to encourage<br />
genuine national proceedings. In<br />
the first instance, states themselves<br />
must address these crimes. This<br />
is why we have been active, for<br />
example, in Guinea, and it is<br />
encouraging to note the significant<br />
and positive developments in the<br />
national investigations there. Based<br />
on the information available, the<br />
national authorities have decided<br />
to investigate those responsible for<br />
the crimes of 28 September 2009.<br />
Such efforts are encouraging, and<br />
must continue. In many ways, the<br />
success of the international criminal<br />
justice system as a whole can be<br />
measured by the commitment of<br />
states in upholding their primary<br />
responsibility to investigate and<br />
prosecute atrocity crimes. The ICC<br />
will do its part, independently and<br />
impartially, but it falls to the states,<br />
first and foremost, to do so.<br />
Let me also offer the following: we<br />
must acknowledge that fighting<br />
impunity for atrocity crimes and<br />
cultivating the rule of law are<br />
fundamental preconditions to<br />
the rise of a more peaceful and<br />
prosperous African Continent.<br />
How can societies plagued by<br />
recurring conflict in Africa or<br />
elsewhere prosper, attract investment<br />
or facilitate an environment<br />
conducive to economic growth and<br />
productivity?<br />
I strongly believe that establishing<br />
the rule of law and a healthy,<br />
well-functioning judicial system<br />
is a fundamental pre-requisites to<br />
political stability and economic<br />
growth in any country.<br />
While in times of conflict, war<br />
economies may thrive, the net result<br />
is damage to the infrastructure,<br />
overall economy, development<br />
and investment in the country.<br />
Therefore, to the extent that<br />
investigating and prosecuting mass<br />
atrocities will deter war making<br />
and the commission of such<br />
destabilizing crimes, certainly then,<br />
criminal justice at the national<br />
or international level at the ICC<br />
can also play an important role<br />
in Africa’s economic growth and<br />
development.<br />
Kata Kata: How do you react<br />
to the accusations in some quarters,<br />
that the ICC indictment of African<br />
leaders is the cause of the refusal<br />
of these leaders to relinquish power<br />
after their terms in office, because<br />
they fear they might be brought to<br />
justice by the ICC?<br />
Bensouda: Usually this<br />
question is raised as part of a wider<br />
discussion on peace vs. justice and it<br />
can be helpful to address this topic.<br />
It is a mistake to think, if you are<br />
negotiating peace or if you are going<br />
through any form of reconciliation<br />
process, that you must forget justice<br />
and accountability completely.<br />
We need to move away from that<br />
perception. These virtues – peace<br />
and justice – are not mutually<br />
exclusive; they can actually work<br />
together.<br />
Take the example of the Lord’s<br />
Resistance Army (LRA). The Office<br />
charged the top commanders of<br />
the LRA and identified five people<br />
(following the death of two of them,<br />
now three). At the time, Uganda<br />
was running an amnesty program<br />
encouraging people to leave the<br />
bush and take advantage of the<br />
amnesty<br />
The then Prosecutor had publicly<br />
stated whom the Office is interested<br />
in for their role in committing mass<br />
crimes in the country. And that all<br />
remaining LRA members wanting<br />
to take advantage of the amnesty<br />
were free to do so. This is an example<br />
which demonstrates that the ICC is<br />
Kata kata cartoon magazine<br />
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