Fatou Bensouda - Prosecutor, International Criminal Court

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:00:00. > :00:12.The International Criminal Court in The Hague is

:00:13. > :00:18.-- has courted controversy since it was established in 2002, because so

:00:19. > :00:22.far all its cases have been African. The ICC's chief prosecutor

:00:23. > :00:28.Fatou Bensouda is a lawyer from Gambia. She talks to me, Zeinab

:00:29. > :00:29.Badawi, as part of the BBC's 100 Women series about justice, gender,

:00:30. > :00:51.and Africa. These are all the pictures of all

:00:52. > :00:56.the judges, are they? No, these are the ones who have served in the

:00:57. > :01:01.past. OK. And then you have the current judges. The current ones.

:01:02. > :01:05.Yes. Prosecutor Fatou Bensouda, welcome to the BBC's 100 Women

:01:06. > :01:10.series. Wonderful to have you with us. Thank you very much, thank you

:01:11. > :01:14.for having me. So when you are growing up in the capital of Gambia,

:01:15. > :01:18.the small country in West Africa, a couple of million people and so on,

:01:19. > :01:23.did you think you would end up being the prosecutor of the International

:01:24. > :01:26.Criminal Court? Well, definitely I was not thinking about ending up

:01:27. > :01:33.here. But what was very clear for me, all the time, was that I wanted

:01:34. > :01:36.to contribute to the field of justice, or even social welfare. I

:01:37. > :01:41.wanted to serve. I wanted something to do with women, how can I help,

:01:42. > :01:47.how can I contribute? So I think this is an opportune moment, really

:01:48. > :01:51.a privilege, to be in this position, and to be able to serve as I thought

:01:52. > :01:54.about it, when I was growing up. Some people talk about formative

:01:55. > :02:00.experiences that helped shape what they did in later life. You had a

:02:01. > :02:06.relative who was experiencing very extreme domestic abuse and violence

:02:07. > :02:12.from her husband. And tell us the story, you went along with her to

:02:13. > :02:17.report a case to the police. Indeed. You were very unhappy. Indeed, I was

:02:18. > :02:23.very unhappy. And if you look at it in context, it is really... May be

:02:24. > :02:28.hers was one that really inspired me to say I want to do something. But

:02:29. > :02:33.it is something growing up that you saw around. Unfortunately, women

:02:34. > :02:40.would not be given the justice that they deserved. And in these domestic

:02:41. > :02:45.abuse cases, they would always... One would always say that 1's

:02:46. > :02:50.husband has a right to bid up the woman. This was the general thought

:02:51. > :02:54.that people had. But I had always thought that this is wrong. This

:02:55. > :03:00.should not happen. And I remember, even as a young child, even as a

:03:01. > :03:07.young girl, I remember very much getting involved in it. And also, as

:03:08. > :03:11.you have said just now, when it was to go to a police station to report

:03:12. > :03:17.to the matter, I would go along. Your father was a civil servant. My

:03:18. > :03:21.father was a civil servant, yes. Obviously most of Gambia is Muslim,

:03:22. > :03:31.and he had to make wise, so you had more than a dozen siblings. So it is

:03:32. > :03:34.quite a crowd you grow up with. Backdrop of the family, it was a big

:03:35. > :03:37.family. But he died when you were young. So you were raised in that

:03:38. > :03:39.community. I was still in school when he died. I had just started

:03:40. > :03:43.high school, actually, when he died. But as I said, I grew up with

:03:44. > :03:47.my siblings, and fortunately it was a happy family to grow up in. We

:03:48. > :03:51.supported each other. We loved each other. And this was important, I

:03:52. > :03:57.believe it divided the support that you need, growing up in that

:03:58. > :04:04.society. So then you decided to study law, you went to Nigeria, in

:04:05. > :04:07.Lagos, that was where you became a lawyer, and then in 1987 he went

:04:08. > :04:13.back to Gambia and joined the office of the Public prosecutor, as head of

:04:14. > :04:17.prosecutions. Indeed, I joined the attorney general 's office, and

:04:18. > :04:22.because then I had not yet got my bar, which I had to go back to Lagos

:04:23. > :04:28.to do, I could serve as a public prosecutor, which means you take the

:04:29. > :04:33.minor offences, traffic offences, but you start going to court anyway.

:04:34. > :04:36.Later on, when you became part of the prosecution team in

:04:37. > :04:42.international criminal tribunal on Rwanda, after the unspeakable

:04:43. > :04:47.genocide there in the mid-19 90s, you became very aware of how sexual

:04:48. > :04:51.violence perpetrated against women, particularly in conflict, and that,

:04:52. > :04:56.you have kind of May a strategic goal for yourself ever since.

:04:57. > :05:01.Indeed, even before going to Rwanda, once I was in Gambia and serving,

:05:02. > :05:08.first as a deputy Director of Public Prosecutions, and also as Solicitor

:05:09. > :05:14.General later, I have been doing a lot of prosecutions in this area as

:05:15. > :05:21.well. And there are a few cases that I have done that really were very,

:05:22. > :05:28.very... Affected me a lot. I have done the rape of a schoolgirl by the

:05:29. > :05:32.teacher in the school toilet, and this was... Really, from the very

:05:33. > :05:38.beginning I just felt that this should not be happening, we need to

:05:39. > :05:41.really do everything that we can to ensure that those who perpetrate

:05:42. > :05:47.these kinds of crimes are held to account. Did you get the school

:05:48. > :05:52.teacher? I did, I did, I did. I got him. I prosecutor that case, and

:05:53. > :05:57.ended up... He was sentenced. That must have given you a lot of

:05:58. > :06:00.satisfaction. It did, it did give me a lot of satisfaction. And going to

:06:01. > :06:07.Rwanda, also, you find that really the rate, massiveness of the crimes

:06:08. > :06:15.happened in Rwanda was also something else that really pushed

:06:16. > :06:19.me. And I just realised that at the international level, during

:06:20. > :06:23.conflicts, it is even more profound. But you must be so frustrated,

:06:24. > :06:28.prosecutor Fatou Bensouda, when you see today the kind of violence,

:06:29. > :06:30.sexual violence, that is being perpetrated against women across

:06:31. > :06:37.countries. And I am thinking in particular of the young Yazidi women

:06:38. > :06:41.and girls who are being sold literally into sexual slavery by the

:06:42. > :06:44.extremists in Iraq, what is going on in Syria, and you can't do anything

:06:45. > :06:50.about that. But you know what, this is why we should not capitulate.

:06:51. > :06:54.This is why we should continue to ensure that we are drawing a line

:06:55. > :06:59.under these kind of crimes. Others prefer to put a veil on it. You are

:07:00. > :07:02.not doing anything about it. We are not able to do anything about it,

:07:03. > :07:08.because we do not have territorial jurisdiction. But I just wanted to

:07:09. > :07:11.say that even before the office was approached or people started talking

:07:12. > :07:20.about it, I had requested that my office looks into the crimes that

:07:21. > :07:23.are being committed by ISIS, especially the National and State

:07:24. > :07:27.parties. Because we may not have territorial jurisdiction in this

:07:28. > :07:30.case, but we could potentially have personal jurisdiction of the foreign

:07:31. > :07:35.fighters, nationals who are nationals of these parties and are

:07:36. > :07:39.committing these crimes within the context of the conflict in Syria.

:07:40. > :07:51.Oath when you were deputy prosecutor here, from 2004 until 2012, when you

:07:52. > :07:58.became to protect, and up until last year,, a key ally for you in trying

:07:59. > :08:00.to reach these goals with the UN Human Rights Commissioner, the South

:08:01. > :08:05.African lawyer, the first nonwhite woman to become a High Court judge

:08:06. > :08:15.in South Africa. You have nominated her as your most admired woman.

:08:16. > :08:19.Why? I have always looked at Navi, a dear friend and colleague, I have

:08:20. > :08:23.looked at are always as a principled woman with integrity. A woman who

:08:24. > :08:28.has done a lot in her own native country of South Africa. She worked

:08:29. > :08:34.very hard for Justice during the apartheid days. She became the first

:08:35. > :08:40.nonwhite woman to be nominated by President Nelson Mandela as a High

:08:41. > :08:42.Court judge. She has served at the ICT, the International Criminal

:08:43. > :08:54.Court in or four Rwanda, she has also served as a judge at the ICC.

:08:55. > :08:59.Someone who knows you very well, Bensouda, who is related to you by

:09:00. > :09:04.marriage, has said you have tried different careers in professional

:09:05. > :09:16.life, but Fatou is most comfortable with being a prosecutor. Why is

:09:17. > :09:21.that? That is correct. Zeinab, I have always wanted to serve in the

:09:22. > :09:24.field of justice, bringing accountability for perpetrators,

:09:25. > :09:29.people who commit these crimes. And ensuring that the victims have

:09:30. > :09:34.justice. It is something that is, as long as I

:09:35. > :09:39.something that is in me. But you know

:09:40. > :09:45.refer to you as the chief prosecutor of the ICC,

:09:46. > :09:50.them that this is a court, and if it is worthy of the name

:09:51. > :10:04.should also be achieved defender, or a defender of the court,

:10:05. > :10:10.for defence, which is also a part of the court. Obviously it is... Maybe

:10:11. > :10:21.it is not getting as high profile as the prosecutor of the court, but we

:10:22. > :10:22.do have... But it is a fair criticism, you have Luis Moreno

:10:23. > :10:26.Ocampo, your predecessor, the first chief prosecutor, as it were, and

:10:27. > :10:30.was offered in the headlines, and you yourself, and people look at the

:10:31. > :10:35.court, you have the prosecution and defence and there is parity. But

:10:36. > :10:39.there isn't in this case. You know, this is a prosecuting office.

:10:40. > :10:43.office of the prosecutor, as part the court, as an organ of the court,

:10:44. > :10:48.the court was set up to bring to account those who commit these

:10:49. > :10:52.egregious crimes, to ensure that the perpetrators of these crimes faced

:10:53. > :10:55.justice. So they are kind of guilty before they have even been tried.

:10:56. > :11:01.Not really, because if you look at the process itself, they are

:11:02. > :11:05.defended. Every person, if you look at the statute, it is very, very

:11:06. > :11:10.prominent there that people who are charged with

:11:11. > :11:13.are entitled to be defended fully. This is very much respected before

:11:14. > :11:30.the African. In 12 years, two

:11:31. > :11:47.prosecutions, successful, people behind bars, both from Africa, the

:11:48. > :11:51.Congo and elsewhere. What this criticism is unfortunately unfair to

:11:52. > :11:55.the court. These cases have started in Africa. It is not the ICC that is

:11:56. > :12:00.going out to just to take cases in Africa. In fact, it is the fact that

:12:01. > :12:06.African states themselves are calling on the ICC, are inviting the

:12:07. > :12:12.ICC to exercise jurisdiction. This is why mainly we are in Africa. All

:12:13. > :12:16.right, but that is one way that you can deal with cases, when countries

:12:17. > :12:20.that have signed up to the ICC, and that is 34 of the 54 African

:12:21. > :12:25.countries, do that. But there is also another route for you, I mean,

:12:26. > :12:28.a country that has not signed up can also voluntarily declare itself

:12:29. > :12:34.subject to your jurisdiction. But you can go down the Security Council

:12:35. > :12:40.route. Indeed. For countries that are not signatories. You have done

:12:41. > :12:44.this twice, for the President of Sudan over the Darfur conflicts, and

:12:45. > :12:47.also the son of the late Colonel Gaddafi in Libya. Why can't you go

:12:48. > :12:53.down that route for other situations? It will be important to

:12:54. > :12:58.understand the Security Council referral. ICC, my office, does not

:12:59. > :13:03.play any role in getting a referral from the UN Security Council. It is

:13:04. > :13:07.the UN Security Council acting under chapter seven of the UN Charter, and

:13:08. > :13:10.also by virtue of the Rome Statute that can actually

:13:11. > :13:14.also by virtue of the Rome Statute that can the ICC to intervene, they

:13:15. > :13:17.request the office of the prosecutor to exercise jurisdiction in certain

:13:18. > :13:22.situations. And they have only done that, again, with Africa. Indeed,

:13:23. > :13:30.they had done at Libya, as you know, and Saddam. OK, Chatham house

:13:31. > :13:33.tank report in 2013 said these two situations support the suggestion

:13:34. > :13:40.there is an anti- African Bias. What do you say to that? That point? I do

:13:41. > :13:45.not think it is also the point. As I said, we do not solicit for the

:13:46. > :13:50.Security Council to refer cases to the ICC. First. Second, also, for we

:13:51. > :13:55.intervene, even though it is the UN Security Council referral, it has to

:13:56. > :14:00.be clear that it is not automatic that the ICC would intervene in that

:14:01. > :14:04.situation. We have to ensure first that our jurisdictional requirements

:14:05. > :14:10.are met. That the temporal jurisdiction is satisfied, that the

:14:11. > :14:16.crimes that the ICC has been set up to investigate and prosecute have

:14:17. > :14:19.been committed, before we... And also to see whether there are any

:14:20. > :14:27.ongoing national proceedings, before we...

:14:28. > :14:34.I understand that you cannot say to the Security Council you want to

:14:35. > :14:41.investigate the president over Darfur. It is not so much the cases

:14:42. > :14:47.that you have pursued that are the subject of criticism, it is what you

:14:48. > :14:54.have not pursued at all. They are all African. Indeed. We need to

:14:55. > :15:01.remind ourselves that we work based on our jurisdiction and limitations.

:15:02. > :15:06.In certain instances we are able to intervene and exercise jurisdiction.

:15:07. > :15:16.We have territorial jurisdiction, for instance, where the state itself

:15:17. > :15:20.has ratified the Rome Statute. But in certain other cases where we get

:15:21. > :15:26.accused, why aren't you intervening in Syria, that is because it is not

:15:27. > :15:30.part of the ICC. Another aspect that is worrying of the activities of the

:15:31. > :15:35.court is that three of the five permanent members of the Security

:15:36. > :15:43.Council have not signed or ratified the ICC. That, again, makes people

:15:44. > :15:50.wonder if there is a double standard at play. I know 133 countries have

:15:51. > :15:56.signed a. But these three powerful countries that haven't undermined

:15:57. > :16:01.the credibility to say you are international. -- up. That is the

:16:02. > :16:09.case. We look at the UN Security Council as a body... As a body that

:16:10. > :16:13.has been settled, responsible, ultimately for security in the whole

:16:14. > :16:20.world and all member states of the UN, the United Nations, having the

:16:21. > :16:30.power, or having the mandate, to be able to create a court, for

:16:31. > :16:37.instance, like they did for the ICTR... Having that same power to be

:16:38. > :16:41.able to, instead of creating, according to further situations of

:16:42. > :16:45.the ICC, a permanent court that is already existing and can exercise

:16:46. > :16:50.jurisdiction immediately... In Africa, you have got quite a

:16:51. > :16:56.widespread feeling among people and governments that they should perhaps

:16:57. > :17:05.leave the ICC en masse, as the president of Uganda has suggested

:17:06. > :17:10.and AU has said, this is an instant of race hunting... Are you concerned

:17:11. > :17:13.that behind the scenes, Africans or many key countries, could withdraw?

:17:14. > :17:20.It would be very unfortunate if that happens. Africa has already shown,

:17:21. > :17:24.for the creation of the ICC, they have already shown leadership in

:17:25. > :17:30.international criminal justice by joining the court in such a huge

:17:31. > :17:38.number, 34 out of 54 African states. But also by referring cases

:17:39. > :17:44.to the ICC. I will not say that if the court would start work... It

:17:45. > :17:52.would not have started so early if it had not been for the referral

:17:53. > :17:57.that came from African states... They... You feel they should be

:17:58. > :18:03.commended for their actions. Praised for their actions. Look at South

:18:04. > :18:09.Africa when the Basheer recently attended a summit there. --

:18:10. > :18:14.president Bashar al-Assad. As I said, it is unfortunate that

:18:15. > :18:22.happen. In fact, this is the legal obligation that Africa has by being

:18:23. > :18:31.part of the ICC. So, other from your... Apart from the bringing of

:18:32. > :18:34.people to trial, because you have an importance of impunity, how does

:18:35. > :18:40.that serve peace and conflict resolution in a country? The

:18:41. > :18:47.president of the Ivory Coast is on trial at the. And the vice president

:18:48. > :18:53.of Kenya on trial at the ICC. -- ICC. But there is concern that

:18:54. > :18:59.either of them are found guilty terrible violence would ensue. We

:19:00. > :19:02.have said that before. This is really the issue of peace and

:19:03. > :19:08.justice, peace versus justice, we should not look for justice when the

:19:09. > :19:14.people are negotiating for peace. And I think this is really

:19:15. > :19:20.blackmail. Blackmail that we have seen and faced for a long time.

:19:21. > :19:24.Peace and justice should not be seen as mutually exclusive. And we also

:19:25. > :19:30.need to remember that there cannot be peace, really, without justice.

:19:31. > :19:36.We have to have justice. What kind of justice? Retributive justice,

:19:37. > :19:42.restorative justice? You could argue that restoring justice whereby the

:19:43. > :19:51.order of $1 billion spent in 12 years by the ICC pursuing two

:19:52. > :19:54.successful cases, that could have gone to the people in Sierra Leone

:19:55. > :19:59.who have had their hands cut off, women traumatised by sexual

:20:00. > :20:02.violence, you could even something to rebuild their lives and encourage

:20:03. > :20:07.the kind of system that rule and had where you had a tribal system of

:20:08. > :20:12.justice that is restorative and builds peace at a community level,

:20:13. > :20:18.not just going for the top guys. -- Rwanda. First of all, accountability

:20:19. > :20:26.is important, I believe. People who perpetrate these heinous crimes.

:20:27. > :20:30.Killings, pillaging, rape, all kinds of heinous crimes being committed, I

:20:31. > :20:36.believe those responsible should be held accountable for that. But,

:20:37. > :20:44.having that, I also wanted to draw your attention to the fact that

:20:45. > :20:47.there is before the ICC, victims, not only participating in the

:20:48. > :20:50.proceedings, which is the first time at an international level,

:20:51. > :20:57.participating, but also being able to ask for reparation. It is their

:20:58. > :21:01.right. It is the trust fund for victims that has been set up along

:21:02. > :21:06.with the ICC to ensure that when these victim and... Who have had

:21:07. > :21:13.these crimes committed, who suffer from these crimes, it would go to

:21:14. > :21:18.the court and ask that they get reparation... My point was $1

:21:19. > :21:22.billion has been spent by you so far. That would have gone a long way

:21:23. > :21:27.to addressing the reparation... Also, I don't think that what is

:21:28. > :21:34.being used to address is not flimsy. It is quite important to

:21:35. > :21:39.have justice. If you compare what is being spent on wars and conflicts,

:21:40. > :21:46.on defence, it is... Justice is a fracture. Briefly, a criticism is

:21:47. > :21:51.that your process is slow, apart from being expensive, and there is

:21:52. > :21:53.not sufficient witness protection, there is intimidation going on, you

:21:54. > :22:01.cannot always get investigate the crimes firsthand,

:22:02. > :22:08.Darfur and sedan, you will hardly be welcomed by Bashar al-Assad. --

:22:09. > :22:13.Sudan. You are criticised that you may have an agenda. What is

:22:14. > :22:18.important is the evidence we may bring before the judges. You have to

:22:19. > :22:25.also remember we are investigating very complex cases. Very complex

:22:26. > :22:31.situations. As you know, we are able to investigate when we have

:22:32. > :22:34.cooperation. But where we don't we need to be able to find other ways

:22:35. > :22:39.to investigate. There are several challenges.

:22:40. > :22:43.respect to Darfur, we have investigated without going there.

:22:44. > :22:49.That is because we have in able to find

:22:50. > :22:52.the situation but found themselves outside... So you will continue to

:22:53. > :23:00.strive for prosecutions at the highest level? Does your gender, the

:23:01. > :23:08.fact you are a woman and the man prosecuted here at the ICC, make a

:23:09. > :23:10.difference to the way you operate? -- the main prosecutor. I rarely

:23:11. > :23:38.think about my I put... I put a line under this. To

:23:39. > :23:42.put a lot of emphasis on that. If I were a man or a man was sitting

:23:43. > :23:48.here, he would probably do the same thing is that be but as a woman I

:23:49. > :23:57.think it is very important that I highlight those crimes. -- thing..

:23:58. > :24:01.But I am trying to put out a policy paper on children as well. You know

:24:02. > :24:06.I have already done that on sexual and gender based crime. This is

:24:07. > :24:16.important for me. I believe my gender has a lot to do with that.

:24:17. > :24:19.Prosecutor Fatou Bensouda, thank you for being one of our 100 Women on

:24:20. > :24:37.the BBC. Thank you very much for having me.

:24:38. > :24:41.There's not much sign of the weather taking a breather.