Possibilities for the Future of the ICC with Fatou Bensouda

New prosecutor-elect of the International Criminal Court, Fatou Bensouda, is already facing veiled criticism according to a recent interview in The Africa Report. In the interview, Bensouda was asked about comments from European leaders that she would be less likely to go after crimes committed by Africans. Bensouda’s response was eloquent and concise. She called the comments “pure discrimination” and attributed the claims to her identity, namely her identity as an African woman.

Contrary to these comments, Bensouda’s identity as an African woman is a positive for the International Criminal Court. All of the current investigations are in Africa. Bensouda’s election should be a positive, both for public relations, as has been mentioned by various commentators, but also because of her knowledge and interest in protecting the victims of violence in African nations. As she stated in The Africa Report interview, the over-emphasis on investigations in Africa, while somewhat valid, fails to take into account the perspective of the victims of these crimes, who are African. Bensouda’s comments make it clear that she is interested in protecting the rights of the most vulnerable, in particular those victims in countries that would not otherwise be able to prosecute the criminals involved.

Bensouda’s identity as a woman has not been as frequently addressed; however, it is just as notable, particularly in light of the documented use of gender-based violence and sexual violence in many of the conflicts currently under investigation. In particular, in the Democratic Republic of Congo, sexual and gender based violence has emerged as a primary tool of war and Bensouda’s commitment to this issue can only help to improve the prosecution of those responsible. Bensouda told the Associated Press that she has “always placed a big emphasis on addressing and prosecuting sexual and gender crimes.” This stance is in line with her earlier stated views that she was committed to protecting the victims, as she should be. Given her attitude, focus and determination, hopefully the future of the ICC is bright.