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Gambia: ICC’s Fatou Bensouda Speaks To JollofNews
Friday, 06 January 2012 00:41
(JollofNews Exclusive) - The newly appointed chief prosecutor of the International Criminal Court has reiterated
her desire to champion the cause of victims of human rights abuses.In her first ever interview with a Gambian online paper, Fatou Bensouda said although the ICC is facing a lot of challenges, she will continue to pursue cases of genocide, war crimes and crimes against humanity.
Mrs Bensouda who had once served as Justice Minister in the Gambia also expressed her willingness to offer her advice to the Gambia government on the need to promote an open and a more democratic system of governance.
Please read on..............
You have been recently elected chief prosecutor of the ICC, how do you intend to make the idea of justice without borders a reality?
I have been deputy prosecutor of the ICC for the past seven years, which has afforded me the opportunity to really know where we are doing very well, what areas we need to improve, and what areas we need maybe to discard completely. Of course, you know with the international justice system, there are many challenges facing us and having had the experience, I am now in a position to tackle those challenges that lie ahead.
What are some of the challenges that you are confronted with?
International justice system is specially concentrating on the ICC and we are operating in areas of ongoing conflicts most of the time. When we indict someone, we obviously have to talk to witnesses or have to give documents. So the issue of protecting witnesses constitute a big thing for us. Because you need to talk to these people without exposing them and we have obligation to ensure that they are fully protected at all levels. This is one major challenge that we face.
Another major challenge we face is arresting the people we have indicted. As I always say, the ICC is without a police. It is the states who have signed and ratified the Rome Statute who have the obligation to arrest these people and surrender them to the ICC. It is always not convenient for countries for one way or another to arrest those individuals. This remains a challenge, because before a trial can take place a body has to be before the ICC.
The issue of Saif al Islam has left many Africans flabbergasted. Some people are still asking how can you leave him in a country where anarchy continues to prevail. Do you really expect him to get fair justice?
People have to understand that there is a system of complementarily which means ICC's intervention is not the first thing. So we cannot force Libya to give us Saif al Islam. If Libya is saying we have a competent judiciary and are able to try Saif al Islam here, the ICC has to wait. The Libyans will now have to challenge the admissibility of the case by demonstrating their ability to handle it properly. This is the first step; it does not mean that it is the last one.
Coming to your question as to whether he will receive justice or not, we have to wait and see unfortunately. The Office of the Prosecutor has decided to work closely and observe what is taking place. But definitely, we cannot say by any means you have to give us Saif al Islam.
How do you expect him to get a fair trial looking at the way and manner his father was killed?
The issue of his father’s execution has been raised but the Libyans have given assurances that there will not be a repeat of that in the case of Saif al Islam. What they intend to do is to bring him to justice. That is the first step. And as I said, we cannot move in unless we see that justice is not being done, or that they are using it to shield him.
What are the powers you normally use to step in a country's internal matters?
You have to recall that ICC is a voluntary organisation. Countries have not been forced to ratify the Rome Statute. They have done that with their eyes open. This is a legal obligation that rises as a result of that action you take by signing and ratifying the Rome Statute. The next step is that this commitment implies that if I cannot, then ICC comes in. This is the implication states have signed and ratified, and this gives the ICC the jurisdiction to intervene there.As the chief prosecutor of the ICC, do you have a moral obligation to advise the Gambia Government to move towards an open society?
Obviously, all governments particularly the Gambia Government have an obligation to respect the rights of person (s) starting from the highest body in government. The rights of every individual have to be respected. However, some people misunderstand the jurisdiction of the ICC and human rights. We are not a human rights court. We are a court that has been set up to deal with genocide, war crimes and crimes against humanity. This has to be clear. For example when someone is arrested and detained, people start asking what the ICC is doing. Although the ICC is not a human rights court, there are other institutions of human rights that have the mandate to look into areas where there are breaches of human rights in the world. Coming back to your question, I will always offer my advice to the Gambia Government.
Corruption has become a cancer in many African countries and ecological crimes continue to put at stake the life of future generations. Is the ICC planning to widen the scope of indictment by including these two components?
We have discussed the need to expand the jurisdiction of the ICC during a recent Review Conference in Kampala (Uganda). But we think that as it is we have enough in our plate. Governments themselves should try to address those issues.
But the future surely lies on the eradication of corruption and protection of the existing ecosystems.
I do not disagree, but you have to understand that I am not the one deciding everything at the ICC. It is a club with statutes in place.
Written by Abdoulie John
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Comments
My Mummy
I love my little Mummy, she is so neat and fair.
She likes to bite my bottom, and throw me in the air.
And as I go to sleep, she reads to me so deep.
With tales of little mermaids, witches cows and sheep.
Her fairies guard my night, her angels guard my day.
My Mummy is my guiding light, especially when we pray.
Her kisses are so tender, her smiles are oh so sweet.
She warms my socks in Winter, and rubs my ice cold feet.
I know i'm truly blessed, to feel such tender care.
I pray that when I'm older, my Mummy will be there.
Comment:
MAY ALL THE SOULS OF THE RAT MUMMIES REST IN HER MAJESTY'S PEACE !
In the Service of SeneGamBissau I Remain
I love my little Mummy, she is so neat and fair.
She likes to bite my bottom, and throw me in the air.
And as I go to sleep, she reads to me so deep.
With tales of little mermaids, witches cows and sheep.
Her fairies guard my night, her angels guard my day.
My Mummy is my guiding light, especially when we pray.
Her kisses are so tender, her smiles are oh so sweet.
She warms my socks in Winter, and rubs my ice cold feet.
I know i'm truly blessed, to feel such tender care.
I pray that when I'm older, my Mummy will be there.
Well Lalo....I respect your opinion when you come clean.
Please also advance my respect to your dear Mother.
Let us agree to disagree.
Comment:
Well Mr. Muzungu, I always speaks deep from my mind and what I feel in anybody, Iam happy that I don't have any blood connection with the "Wazungu-land" because of their double standard when it comes to dealing with people particularly the Chocolate color, belittling us in everything and calling us uncivilize, So I cannot stand that as African origin, you can see here many insulted be because of my stands against you, but that never sake me from my stands and I will remain strong more than tomorrow.
And for you to remain in the service of my ambition, I don't think you can bear it because Mummy taught me for not to take any service from a Wazungu-Man.
This is why Mummy doesn't need your respect
In the Service of the Truth I Remain
Please also advance my respect to your dear Mother.
Let us agree to disagree.
Have a nice moan.
In the service of your ambition I remain.
Which race are you talking about?
The human race...?
and hear is a man who support Jammeh in one breath and deny him in da next.
Do you have an opinion...or do you just hate for hatings sake.
Comment:
Well Mr. Muzungu the racist of the true colours of "Wazungu-land" towards any thing concerning mother Africa.
And Yes again here too, that is you supported Arafang Yahya because of your selfish interest at that one time smiling Coast because you were there for the purpose of Interest period, that was why, when things went wrong with your old Uncle ( Arafang Yahya) you started to challenge him by all means from all the Wazungu-land foreign offices down to the Online News papers, I for sure knows that, if you are still dinning with him, you will never utter a word like others now. And Mummy Taught me to Challenge all the Racist Wazungu of your
In the Service of the Truth I Remain
The human race...?
and hear is a man who support Jammeh in one breath and deny him in da next.
Do you have an opinion...or do you just hate for hatings sake.
By the time da cock crows three times you will have denied even yourself.
Stick with religion mate...you almost sounded intelligent for a moment.
Keep dem high heels polished.
Da Wellies are coming....whohahahaha !!!!
Ah! its "workers" playtime again.
Your Mum should stop you spending her hard earned cash in the internet caf.
Get a job and a life and a pair of wellies ...you dumbo.
Comment:
My Mummy Taught me to Challenge all the Racist Wazungu of your calible, and that is the wonderful Iam doing here, and if that is what is pinching your Body here, then let it be, and Iam not that young for Mummy to spend on me now, that is long ago when Gambia was under Her Majesty so call colonization of running from the cold weather in "Wazungu-land to Invade the Entire African continent, when they were then looking for a real Greener pasture of Africa which you are not allowing many of our Boys to get back from you today in Wazungu-land.
In the Service of Mother Africa I Remain
Your Mum should stop you spending her hard earned cash in the internet caf.
Get a job and a life and a pair of wellies ...you dumbo.
Excellent rendition from Prince Sankanu on Freedom Newspaper today. Objective and comprehensive.Educative, informative and entertaining.
Gambian's can be proud of such intelligence.
Comment:
Well said Toubabu-Man, But we can also keep vomitting for your meddling into African affairs while blindly seeing the burning of most part of "Wazungu-land" which you never want to comment on !
In the Service of the Truth I Remain
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