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Gambia's Fatou Bensouda Faces Tough Political Challenges
Sunday, 11 December 2011 14:23
(UN) - Gambia's Fatima Bensouda will on Monday be formally elected chief prosecutor of the International Criminal Court
as the hunt for war criminals and genocidal masterminds becomes increasingly political.Bensouda will be the only name put to the 120 member states in the election at the UN headquarters and the fact that an African will become the public face of the court has been hailed as an added bonus as its workload grows -- almost exclusively on the continent.
Currently the ICC deputy prosecutor, Bensouda will take over in June next year from her boss Luis Moreno-Ocampo, the outspoken Argentine who has blazed a
legal trail with warrants against the likes of Sudan's President Omar al-Bashir and the late Libyan dictator Moamer Kadhafi.African nations frequently complain that the ICC has unfairly targeted them -- all seven cases investigated by the court are in Africa -- and the African Union pointedly pressed for Bensouda's appointment.
Diplomats who took part in the selection process praised Bensouda's independence, determination and qualifications.
"I am working for the victims of Africa, they are African like me. That's where I get my inspiration and my pride," Bensouda said in a recent interview with AFP at The Hague where the court is based.
But many experts said the ICC has become increasingly political and more susceptible to pressure which will be a challenge for Bensouda.
Richard Dicker, Human Rights Watch's international justice specialist, said that in its first decade of existence "the ICC profile has been lifted on the world stage to a new level."
But he added that "as governments have recognized the role of the ICC in crises and conflicts, some have treated the court as an instrument to be invoked to achieve certain political ends." Dicker said this is growing and will test the mettle of the new prosecutor and judges who will also be elected in New York this week.
Stephen Lamony, an Africa specialist for the Coalition for the ICC, a group of non-government groups that back it, however, said Bensouda's appointment may not increase the court's acceptance within the continent.
"There are issues that different states have," he said. "The fact that the next prosecutor comes from Africa will make it more difficult for her, because she will face different pressures."
Some African nations have pressed for the UN Security Council to suspend the genocide action against Sudan's president. Kenya lobbied fiercely against the investigation into its unrest in 2007-08. Libya's handling of the son of Kadhafi, Seif al-Islam, will become a quick test of the court's authority.
The pressure also comes from major powers. The United States, China and Russia all try to influence the court to varying degrees even though they are not members, diplomats said.
Christian Wenaweser, Liechtenstein ambassador to the United Nations who will stand down this week as president of the assembly of ICC member states, said the Rome statute which created the court defends the prosecutor.
"We as the states parties are all the defenders of that law," he said. "That is what gives the protection to the office of the prosecutor."
Wenaweser said that as Africa already has more state members of the ICC than any other continent, there is already large acceptance. But he acknowledged that it would be "helpful" for the prosecutor to come from the continent.
"It clearly has a political impact," Wenaweser said of the prosecutor's work in having to get governments to cooperate when their leaders are often the target.
"It is certainly work that has a political effect as we see now on a day-to-day basis. That is certainly one of the big challenges for the incoming prosecutor to strike the right balance there," he said.
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Comments
All senegalese people saying Congratulations .Well done and may God guide you.
We know the whole truth an how She was treated in her own country!
Me the real Godspeed did not post this. Don't understand why people feel they have to impersonate others.
It will be very dis-Hearten to see these two old Boys go free without facing the Hague Arena.
And May God forgive the entire "Wazungu-Land" WHY ?
Because when we were looking for Truth, They brought us a Liar to lead Her Majesty's Kingdom ! And when we decided to retreat to rest under the shade of a Tree, They brought us The Bush !
And when we cried for help from God, instead of God the Almighty, they again brought us Gordon The Brown, and when we ran again looking for a safe place, instead of seeing ourselve in Yaunde Cameroun, We've again seen ourselves with David The Cameroun !
In the service of Mother Africa I remain
Your rightful and noble concerns have always been acknowldged by this toubab.Further your equally noble ambition/dream to see a closer confederation of African states..is further endorsed and supported.
George "the bush" has confessed to state torture{I.E. Waterboarding}
as highlighted by HRW.
Over 70% of the British people share your concerns...about the absence of WMD's held by Iraq and the spurious claims that Saddam had IBM's capable of hitting Europe in 45 Minutes.
The leading question as to wether the British Parliament was misslead..as it voted to go to war...is a question still awaiting the conclusion of the Iraq enquiry.
I am only one voice in 65 million. But I trust you will say...my voice is an honourable one?
A voice unwilling to make accusations without proof.
I am but a raindrop in a sea of mysteries.
The ICC...fullfills a global..law capability...to the protection of citizens and universally agreed human rights.
Comment:
Well said Ama Bhulu but if this arena is for the entire globe, Why still we cannot see George The Bush and Tony Blair, Sorry Tony Liar just as we've seen Charles Tailor and just recently Gbagbo? Or is this arena specially for the poor part of the world leaders ?
As the saying goes on, charity begins at home. so why the "Wazungu-Land can't set an examples to George Bush and Tony Blair
In the service of the truth I remain
Satalite communications..mobile phones that take and transmit pictures...and the global internet community...now police conflicts and provide damning evidence in pictures.
The ICC...fullfills a global..law capability...to the protection of citizens and universally agreed human rights.
Ms Bensouda... is a couragious choice..to continue and further this work.
Congratulations ..to her...and may I wish her..every citizens support.
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