A good justice system both dispenses justice and is seen to do so. That makes the appointment of Gambian Fatou Bensouda as the International Criminal Court’s new Chief Prosecutor particularly welcome.
Bensouda is the first African to hold the post of Chief Prosecutor, an important step in helping the ICC maintain the confidence of African countries given how often Africans are up before the ICC.
The ICC’s remit is not limited to Africa and nor are the atrocities it can investigate confined to one part of our globe, but in practice a very high proportion of the International Criminal Court’s high profile cases recently have been African. Some have therefore accused the ICC of bias, with Bensouda’s predecessor Luis Moreno-Ocampo coming under particular criticism. Myself, I think the apparent concentration on Africa in some ways reflects well on the continent, showing how it is leaving some of the horrors of its past behind in a way that allows the ICC remit to be deployed even when other parts of the globe are in effect off-limits.
But regardless of views on that controversy, having an African as the Chief Prosecutor – and no token African given her impressive career, including time as the deputy chief prosecutor – is a welcome move.
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With luck this very welcome appointment will also help puncture the argument put forward by some radical groups (and oppressive governments!) in Africa, Asia and Latin America that the ICC and the whole international system, including the UN, is somehow the tool of Western powers serving their own interests.
Yes that’s all very well but will it now pursue countries who still welcome suspected war criminals, against the edict of the ICC. i.e. the UK, who recently welcomed with open arms, Tzipi Livni, accused of war crimes and crimes against humanity by the UN during the war on Gaza, where over 1400 Palestinians were killed, and Phosphorous shells and high density explosives were used. Not to mention Israel’s continuing blockade of Gaza. All illegal under the UN.
At the same time a peaceful Israeli citizen, Raed Salah, was wrongfully arrested by the Home Secretary, Teresa May, and initially refused bail. All this a s result of our government, including LibDems voting for ‘universal jurisdiction’ which makes any arrests a political decision rather that an humanitarian one.
Should the ICC now seek to indict our government?