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Fatou Bensouda to be Sworn In as Second ICC Prosecutor for Nine-Year
Term
For
Immediate Release
Human Rights Watch (WRW)
Brussels - The swearing in of the new International
Criminal Court (ICC)
prosecutor, Fatou Bensouda, comes at a time when expectations for
international justice are growing, Human Rights Watch said today.
Bensouda will be sworn into office on June 15, 2012, as the current
prosecutor, Luis Moreno Ocampo, reaches the end of his nine-year term.
Bensouda is taking over an established office with an already sizeable
caseload. The office has opened investigations in seven countries and is
conducting preliminary examinations to determine whether to open an
investigation in at least seven other countries. The transition in
leadership nearly coincides with the 10th anniversary of the ICC’s
founding treaty, the Rome Statute, on July 1.
“In Syria and
other strife-torn countries over the past 10 years, the ICC has come to
symbolize the last, best hope for justice,” saidRichard
Dicker,
international justice director at Human Rights Watch. “We look to
Bensouda’s leadership to advance cases, build bridges with victims, and
push countries to support its impartial application of the law to get
the job done.”
Bensouda
has served as deputy prosecutor of the ICC since 2004. She was elected
to be the ICC’s next prosecutor by the court’s member states in December
2011.
Among
Bensouda’s many difficult tasks will be bringing new prosecutions in
country situations already before the ICC, while remaining responsive to
demands in new country situations, Human Rights Watch said.
The court’s successes have led some countries to seek to use it for
political ends rather than to support its independent, judicial mandate,
Human Rights Watch said.
“Some governments seem to think that the ICC is a light switch that can
be turned off when justice becomes inconvenient,” Dicker said. “Bensouda
can push back against those seeking to politicize the court by signaling
a clear commitment to delivering justice in the courtroom.”
Some ICC member countries are insisting on zero growth in the court’s
budget, even as its caseload has expanded. While many countries are
facing challenging economic circumstances, this approach risks depriving
the court of the resources it needs to carry out its mandate, Human
Rights Watch said. By setting out plans for progress in cases, the
office of the prosecutor may also help shift attitudes of countries that
want to limit the court’s resources.
To help her with meeting the demands of an expanding caseload, Bensouda
and the court’s states parties should make it a priority at the November
meeting of all ICC members to elect a deputy prosecutor who has
demonstrated excellence in dealing with complex criminal cases and
institutional management.
There have been problematic past practices by the Office of the
Prosecutor, Human Rights Watch said. For instance, in the Democratic
Republic of Congo (DRC), Uganda,
and Central
African Republic (CAR)
situations, the absence of charges against government officials without
a clear explanation has undermined perceptions of the court's
independence, Human Rights Watch said. The perceived failure to pursue
allegations against all sides in these countries has fed concerns that
the prosecutor is yielding to pressure for “victor’s justice,” damaging
the court’s credibility.
The court’s current investigations are in the DRC, Uganda, the CAR, Kenya, Côte
d’Ivoire,
the Darfur region of Sudan,
and Libya,
the latter two referred to the court by the United Nations Security
Council. Preliminary examinations concern Guinea, Colombia,Afghanistan, Georgia, Honduras, Nigeria,
and South
Korea –
for acts committed by North
Korea on
South Korea's territory.
To read a report on the selection of ICC cases, please visit:
http://www.hrw.org/reports/2011/09/15/unfinished-business-0
To read a report on the ICC prosecutor’s approach to “situations
under analysis,” please visit:
http://www.hrw.org/news/2011/06/16/icc-course-correction
For more Human Rights Watch reporting on the International Criminal
Court, please visit:
http://www.hrw.org/category/topic/international-justice/international-criminal-court
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