Explore Fatou Bensouda’s relentless pursuit of justice for war crimes and her advocacy during her tenure as international criminal court prosecutor.

Fatou Bensouda is a prominent figure known for her role as the Prosecutor of the International Criminal Court (ICC). During her tenure, she was involved in investigations and prosecutions of alleged war crimes and crimes against humanity. 

One notable case was the authorization of an investigation into offenses allegedly committed by Afghan government forces, the Taliban, American troops, and U.S. foreign intelligence operatives dating back to 2002.

In this post, we will learn all there is to know about Fatou Bensouda's advocacy for justice and accountability for atrocity crimes, as well as the notable crime cases within the legal framework of the Rome Statute.

Summary

• Fatou Bensouda's Dedication to Justice and Accountability
• Prosecution of Congolese Warlord “Thomas Lubanga”
• Authorization of an Investigation into Offenses Allegedly Committed by Afghan Government Forces
• Promoting Justice for Sexual and Gender-Based Crimes
• Advocacy Against Mass Atrocities Affecting Children and the Deliberate Destruction of Cultural Heritage

Fatou Bensouda's Dedication to Justice and Accountability

Fatou Bensouda, born on January 31, 1961, in The Gambia, is a distinguished lawyer and international criminal law prosecutor. She served as the International Criminal Court (ICC) Prosecutor from June 2012 until June 2021. 

Prior to her role as chief prosecutor, she was a Deputy Prosecutor in charge of the Prosecutions Division of the ICC since 2004. Also, she served as the Minister of Justice in The Gambia.

Fatou Bensouda has been instrumental in prosecuting significant cases involving war crimes and crimes against humanity. The Assembly of States Parties elected her by consensus as the ICC Prosecutor and sworn her in on June 15, 2012. 

After her tenure at the ICC, she has served as the Gambian High Commissioner to the United Kingdom since August 3, 2022.

Prosecution of Congolese Warlord “Thomas Lubanga”

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Fatou Bensouda played a significant role in the prosecution of Congolese warlord Thomas Lubanga, who was convicted of recruiting and using child soldiers between 2002 and 2003 in the eastern Democratic Republic of Congo. 

As Deputy Prosecutor of the International Criminal Court (ICC) at the time, Fatou Bensouda stated that the evidence had proved beyond any possible doubt that Lubanga was guilty of the war crimes charged against him. 

Fatou Bensouda was involved in presenting the case that Thomas Lubanga, jointly with his subordinate commanders, controlled and executed a deliberate plan to enlist and conscript children systematically and in large numbers, including children under the age of 15, even as young as 10.

Thomas Lubanga received the first verdict reached by the ICC since it was set up, and Fatou Bensouda’s prosecution team asked for a 30-year sentence after his conviction. Ultimately, Thomas Lubanga was sentenced to 14 years of imprisonment.

Authorization of an Investigation into Offenses Allegedly Committed by Afghan Government Forces

Fatou Bensouda, the International Crime Court Prosecutor, on November 20, 2017, requested permission from the court’s judges to authorize an investigation into possible war crimes and crimes against humanity in Afghanistan since May 1, 2003.

Her request included offenses allegedly committed by Afghan government forces, the Taliban, American troops, and U.S. foreign intelligence operatives dating back to 2002.

Fatou Bensouda played a crucial role in this investigation. However, she faced challenges, including having her U.S. visa revoked over the Afghanistan inquiry, which reflected the contentious nature of the investigation given that it could hold US nationals criminally accountable for alleged war crimes.

The investigation was eventually authorized by the Appeals Chamber of the Court in March 2020, during her term as Prosecutor.

Promoting Justice for Sexual and Gender-Based Crimes

Fatou Bensouda has been a strong advocate against sexual and gender-based crimes. During her tenure as the Prosecutor of the International Criminal Court (ICC), she launched a comprehensive Policy on Sexual and Gender-Based Crimes to guide her office in fighting against impunity for such crimes. 

This policy aimed to ensure that victims have access to justice and that there is transparency and predictability in the application of the legal framework of the Rome Statute to these crimes.

Fatou Bensouda also collaborated with organizations like Women’s Initiatives for Gender Justice (WIGJ) to hold perpetrators of sexual and gender-based crimes accountable. She was committed to challenging the culture of impunity that allows these traditionally underreported crimes to persist, emphasizing the need for accountability

Her efforts have been recognized as significant achievements in terms of investigations and prosecutions of sexual and gender-based crimes at the ICC.

Advocacy Against Mass Atrocities Affecting Children 

Fatou Bensouda has been actively involved in addressing mass atrocities against children throughout her career as the Prosecutor of the International Criminal Court (ICC). She launched the Office’s Policy on Children to strengthen the resolve to end crimes against children and to ensure that they are properly addressed within the legal framework of the Rome Statute.

One notable event highlighting her involvement was the trial of Thomas Lubanga, where issues such as the impact of crimes against children on communities, the specific issue of girl soldiers, and the devastating effect such crimes can have on children’s right to education were brought to light. 

Fatou Bensouda has emphasized the importance of accountability for atrocity crimes, including those affecting children, within the Rome Statute framework. She also emphasized outreach to victims, affected communities, and civil society organizations, developed an overall approach, which included the policies, strategies, guidelines, communications, materials, and in-country presence. 

Advocacy Against Deliberate Destruction of Cultural Heritage

During her visit to Mali, Fatou Bensouda emphasized that cultural heritage must not be attacked and destroyed with impunity. She stated that such destruction erases the past and leads to an irreplaceable loss to humanity.

She has also highlighted that intentional attacks against historic monuments and buildings dedicated to religion are serious crimes under the Rome Statute, the founding treaty of the ICC, and should not go unpunished. 

Bensouda has worked to advance accountability for atrocity crimes, including protecting cultural heritage within the Rome Statute framework, and has published a Policy on Cultural Heritage to act decisively in protecting cultural heritage in times of war and conflict.

Conclusion

Fatou Bensouda's career is marked by her dedication to justice and accountability, particularly in cases involving underreported crimes and advocating for the timely execution of arrest warrants to ensure justice for victims.

As the ICC Prosecutor, she pursued some of the most challenging cases with diligence and integrity, advocating for victims of war crimes and crimes against humanity. Her work has significantly contributed to international criminal law and set a precedent for future prosecutions. 

Fatou Bensouda's legacy continues as she serves as the Gambian High Commissioner to the UK, where she remains a powerful voice for justice and human rights.