Photo: Robert H JacksonCenter/YouTube London — That a war crimes court should focus on the victims of war crimes sounds like a simple concept.
But many of those living in the African communities where most of the atrocities being prosecuted by the International Criminal Court (ICC) took place, have long complained they have been forgotten by this controversial and costly institution based thousands of miles away.
The new ICC prosecutor has pledged that victims - particularly women and children - will be her priority, but analysts worry that shrinking budgets could make her promises difficult to keep.
Fatou Bensouda said at her swearing-in speech in June that she would "focus on, and listen to, the millions of victims who continue to suffer from massive crimes...
"The return on our investment for what others may today consider to be a huge cost for justice is effective deterrence and saving millions of victims' lives," said Bensouda as she took over the ICC's highest profile job from Luis Moreno-Ocampo. Gambia's former justice minister and attorney-general served more than eight years as Ocampo's deputy.
Sunil Pal, head of the legal section at the Coalition for the ICC, an advocacy organization comprising 2,500 civil society groups in 150 countries, expects Bensouda to bring her own unique approach to the role of prosecutor. He welcomes her diplomatic style and focus on victims.
"The tone is very positive [with Bensouda]," he said. "There is a real emphasis on working with victims and ensuring that the process is meaningful for the direct beneficiaries of this process - the victims. It is about recognizing the importance that victims play in this process and an acknowledgement and strengthening of that role."
On paper at least the ICC is the most victim-friendly of all the international tribunals.
Court-recognized victims are given lawyers and allowed to participate throughout a trial, including by questioning witnesses. Those who have suffered injury or harm from a crime for which someone is convicted are also eligible for restitution, compensation or rehabilitation.
The reparations process is now under way in the Thomas Lubanga case, the only trial completed during Ocampo's nine-year reign, but awards are many months away. Lubanga was a Congolese militia leader convicted of recruiting children.
It is up to the court's registry and judges rather than the prosecutor to explain the reparations procedure to victims. But analysts say it is Bensouda who should take responsibility for improving communications with victims who have often complained about the lack of information coming from the Hague-based court about the trials.
"There has been a general insufficiency of information being passed to victims which leads to certain perceptions of how the court works which may be false," said Carla Ferstman, director of Redress, a human rights group working with war crimes victims. "It's not only about bad practices of the prosecutor, it's about practices that are misunderstood.
"Bensouda does have a role in reaching out and bringing victims in. She should see them as her stakeholders. These are constituents she should be working with and getting on board."
The ICC's focus on African cases has been controversial and has led to charges of bias from the court's vocal critics on the continent where cooperation has been patchy at best. Eleven ICC arrest warrants for African accused remain outstanding.
Pal believes that by placing an emphasis on the importance of victims, Bensouda will bring greater relevance to the work of the ICC in the places it is investigating.
"Communications is [a] priority, ensuring the process is relevant and meaningful for victims and communicating, educating and informing victims around its decision-making process, particularly in the case of preliminary examinations," he said.
"This is about creating environments that are conducive to facilitating the court's work in-country, which will help them get buy-in and counteract accusations of bias."
Reduced budget
But with a reduced 108 million euro budget this year and an ever increasing caseload, the ICC could struggle to meet its obligations to stay in touch with victims. States are pressuring the ICC to reduce its budget, which would impact on victim participation and communication with those on the ground.
"Outreach to victims and affected communities presents unique challenges, which will only become harder in the face of additional cuts," said Pal.
"These activities are critical to ensuring that victims and victim communities understand what the court is trying to achieve in their name. It's also critical to facilitating their participation in proceedings, in terms of explaining their rights in the ICC process."
Kenya
Bensouda's task of improving relations in Africa could also be complicated by the upcoming trials of four prominent Kenyans accused of orchestrating post-election violence in 2007. The case has generated huge interest in Kenya where debate has raged over whether the court is striking a blow for impunity or targeting innocent victims.
Nick Kaufman, a former ICC prosecutor turned defence lawyer who has represented Congolese clients accused of war crimes, says negotiating a smooth prosecution should be her main priority.
"I think it is a good thing there is an African prosecutor in charge of the court at the moment, because she will be able to bring her own cultural outlook to bear in the case, especially when negotiating the minefield of Kenyan politics which avidly follows the developments in the cases," he said. "Hardly a day goes by without some sort of reference to the cases in the Kenyan media."
Lubanga case
Elsewhere in Africa, Bensouda will expected to explain to victims and others the recent sentencing of the DRC's Lubanga. Bensouda, a member of the prosecution team, was in court on 10 July as judges sentenced the militia leader to 14 years while praising him for enduring prosecution misdeeds during the trial which twice came close to collapse.
Reaction was mixed among victims, according to Bukeni Waruzi, an expert on child soldiers and the programme manager for Africa and the Middle East at the NGO Witness.
"You have some who actually are happy that at least he was sentenced," said Waruzi. "But there are some who believe it should be more. If he was prosecuted in DRC, with the gravity of the crimes, it could have been more than 14 years."
Ocampo, in one of his final acts as prosecutor, had asked for the maximum penalty of 30 years. However, with six years already served, Lubanga could be out in less than eight.
Kaufman says this puts Bensouda in an awkward position with victims.
"She is being forced to defend a previous sentencing policy that was promoted mistakenly by her predecessor - and I say mistakenly because it was completely wrong for the prosecutor to ask for the maximum sentence, bar a life sentence, for a crime of this nature," said Kaufman.
He expects a different ICC under Bensouda who endured a rocky start to her tenure with the arrest by Libyan authorities of defence lawyer Melinda Taylor on charges of spying for her client Saif al-Islam Gaddafi.
"She is the complete opposite of Ocampo. I don't think we'll see any of Ocampo's antics with Fatou - for example courting film stars and other totally irrelevant figures to the conduct of international justice," said Kaufman who also represents two of Muammar Gaddafi's children, Aisha and Saadi.
"She will be far more professional in her outlook. She's a very competent orator and is also very courteous and respectful."
Taking on too much?
Though confidence in Bensouda is high, analysts worry she could be spreading herself too thin.
The ICC has14 cases before judges, ongoing investigations in seven countries and preliminary investigations under way in countries including Afghanistan, Colombia and Korea. On 18 July, Bensouda announced that the government of Mali had asked for an investigation into violence which erupted there earlier this year.
"How many more situations can they take on?" said William Schabas, a professor in international law at Middlesex University.
"Have they taken on already more than they can actually manage? You see how complicated this is. Look at Lubanga - one trial chamber basically full time for four years and they are not finished. They still haven't done the reparations stuff."
Back in the Congo, where new fighting alleged to have been orchestrated by ICC fugitive Bosco Ntaganda has broken out, expectations that the new prosecutor can help end the violence and impunity remain high.
"There is a huge amount of expectations - from victims, from activists, from everyone," said Waruzi. "This will be a challenge, how to meet those expectations while fulfilling her mandate."
[ This report does not necessarily reflect the views of the United Nations ]
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THIS SI WHY IT IS IMPORTANT FOR AFRICA TO STEP AWAY FROM WESTERN FINANACIAL MARKETS GROWING A MIND SET OF FIERCE INDEPENDENCE DOING IT OUTSIDE THE CONSIDERED NORMS " " WHOSE NORMS ARE WE ABIDING BY. NOTHING THEY HAVE DONE FOR AFRICA SO FAR HAS BEEN ANY GOOD; NOT ONE THING. WE HAVE BEEN LEFT IN A SHAMBLES LEFT TO PICK UP TH PEIECED WHAT WE DONT NEED IS A JUDICIARY GOVERNING AFRICA FROM EUROPE, THIS IS ABSOLOUT FOOLISHNESS A DARK STEP INTO THE PAST. THIS WOMAN WOULD BEST SERVE HER RACE AND AFRICA BY ESTABLISHING A AFRICAN SYSTEM THAT IS VIABLE TRANSPARENT FULL OF JURISPRUDENCEAND WORLD CLASS. WE ARE UNDER THE PREMISE THAT AFRICANS CAN NOT DO THIS??!!!! WHOSE OPINION IS THAT? THERE ARE MANY RETIRED JSUTICES IN ALL AFRICA THAT CAN BE CALLED TO SET UP THIS WIZE COUNCIL NOT ALOS NEGLECTING THE TRADITIONAL LEADERS WHOM ALSO HAVE A SAY IN THESE MATTERS THIS WOULD BEA COMPREHENSIVE COURT THAT WOULD SATISFY THE LENGTH AND BRDATH OF AFRICA. THERE IS NO DOUBT THAT IT SOUIND CHALLENGING ONLY FOR THOSE WHO WANT TO GET PAID!!!! FOR AFRICANS WHOM ARE PANAFRICANIST CENTRIC TO IDEOLOGY THAT THERE IS NOTHING WRONG WITH THE AFRICAN MIND !!!!!! . BEING A OPVERSEER OF OR IN AFRICA TODAY IS NOT ACCEPTABLE NOT A VERY POLISHED POSITION ,THIS SHOWS FAILURE OF MIND PRIDE AND CULTURE ,SUBMITTING TO WESTERN STEREOTYPES; THAT ONLY THEY CAN BE JURISPRUDENT,' IS OBVIOLUSLY A GREAT FLAWED CONCEPT AS WE WATCH THE WORLD BURN AND THEY HAVE NO CLUES". "WE WATCH WITH GREAT ANXIETY AN TREPIDATION THE FACIST NATURES OF THE WAY SEE GOVERNMENT TODAY ; THEY ARE FAR FROM ANY DEMOCRATIC FORUMS, THEY SPEAK OF IMPRISONMENT WITHOUT REASON TRANSPARENCE AND VOID OF LEAGAL PROCESS ; WOW!!!!! THAT IS VERY SCARY !!!!! TOO SCARY!!! CAN WE SEE AFRICA WITHOUT FREE WIZE INTELLECT BECING CONTROLED BY THESE OPPRESSIVE REGIMES OF UNCONSCIONABLE AMBIGUITY!!?:. THIS SOUND LIKE THIER SLAVERY RETURNING UNDER DIFFERNT NAME BUT THE SAMNE OLD SYSTEM; CERTAIN AFRICAN HAVE NOT MADE IT THIER BUSINESS TO STUDY WHAT ENSLAVEMENT WAS ALL ABOUT THEYARE LEADERS WHO ARE STILL LOST IN TIME THINKING THAT SLAVERY WAS AN ISSUE OF BLACKS IN THE CARRIBEAN AND AMERICA THEY AVE NOTHING TO DO WITH IT.. THIS IS FAR REMOVED FROM THE TRUTH , AFRICA WAS DECIMATERD BY THIS INHUMANE ACTIVITY ONE OF EARTHS MOST DIABOLIC GREVIOUS DISTRESSING DISHONOURABLE PLACE IN HUMAN HISTORY. THERE IS NO GLOROFICATION IN THIS CAT OF SODOMY PAEDOPHILLIA RAPES TORTURE KIDNAPPINGS BURNINGS LYANCHINGS DISFIGUREMMENTS FAMILES SOLD LIKE CATTLE AND HERDS MURDER WITH IMPUNITY. BLACK LIVES WERE STOLEN WITH SVAGE IMPUNITY WHILE NO ONE HAS PAID REPARATIONS APOL;OGIES OR ANY OTHER . WHAT WE HAVE SEEN IN AFRICA IS CONTIUED PILLAGING PLUNDERING DISRESPECT DISHONOUR STEALTH IMPUNITY CORRUPTION ALL FACILITATED BY THOSE WHO CAME INTO AFRICA AS BARBARIANS . THEY HAVE UNDERMINDED OURT HISTORY DISTORTED IT SO MUCH THAT WE ACTIUALLY FEEL WE WERE AS UNCIVILZED AS THEY SAY WE WERE. THEY MURDERED OVER ONE HUNDRED MILLION AFRICANS AND DISENFRANCHISED MILLIONS MORE , FOR THEM TO STILL BE SENIOR IN OUR JUDICIARY IS LIKE ASKING SATAN IF WE MADE IT TO HEAVEN YET!!????? THIS DOES NOT WORK FOR THE BETTER OF AFRICA SHOULD BE NEGATED WITH ALL FORCE OF DIGNITY AND COMMON SENSE. THEY USE THIER BRAINS ONM AFRICANS CONTIUALLY TELLING US WHAT WE SHOULD DO AND NOT DO, THEY EVEN WANT US TO BREAK CONTRACTS SELL OUR SELVES SGORT BECAUSE THEY WANT TO BE WAR MONGERERS. THEY GET UP DAILY AS A RITUAL AND PLUNDER THE FINANCIAL MARKETS GIVING THEMSLVES MODER DAY PIRACY AS A LEGALITY TO LOOT. THEY MURDER INVADE SELL DRUGS YET WAGE A WAR ON DRUGS THEY LAUNDER DRUG MOENY THEY ALLOW FOR PARTIALITY TELLING PEOPLE WHAT THEY SHOULD HAVE AND WHAT THEY SHOULD NOT WHILE THEY AND THIER FREINDS HAVE ALL THE WICKEDEST WEAPONOLOGY KNOWN TO MAN; EVERY SORT OF DESTRUCTIVE WEAPON IS IN THIER ARSENAL. THIR GENOCIDAL ARSENAL CONSIST OF CHEMICAL WEAPONS NUCLEAR AND BIOLOGICAL WEAPONS FOR WHOM AND WHY >> PEACE IS NOT THE AMBITION OF THESE CRIMINALS ;IF YOU ARE WEAK AND AN UNBELIVER YOU WILL FEAR THEM AND SEEK THIER FREINDSHIP, BUT IF YOU ARE 'A TRUE AFRICAN" YU WILL SEE THEM FOR WHOM AND WHAT THEY ARE" THEY ARE UNTRUSTWORTHY THEY LIE THEY SPEAK ALWAYS WITH DOUBLE TONGUE THEY MOSTLY NEVER EVER TELL THE TRUTH SO YOU SHOUDL ALWAYS KNOW HOW TODEAL WITHT HEM. AFRICA HAS SUFFRED ENPOUGH AT THIER HANDS FOR THOSE WHOM ARE WEAL LILLY LIVERED AND HAVE NO STOMACH FOR BEING FREE DEVELOPING IN THE NATURAL EVOLUTION OF A FREE CONTINENT THEN THEY SHOULF MOVE TO THE WET WHERE THE BALL OF CONFUSION TRULY LIES. THEY HAVE NO JUSTICE FOR PEOPLE OF COLOUR INH THIER WORLD THEY MURDER BLACKS AND COLOURED WITH IMPUNITY THERE ARE NO PROSECUTIONS FOR TAKING THESE LIVES BUT THEY WANT TO COME INTO AFRICA AND DISTORT PICTURES OF BLACK AND BLACK VIOLENCE WHEN THYARE THE MAIN PROTAGONIST OF ALL THESE AFFAIRS""" WHO ARE THEY ???? THEY SHOULD PLAY NO PART IN OUR CIVILITY THEY HAVE HAD THIER PLAY IN AFRICA THEY ABUSED EVERTY SINGLE MINUTE THEY SPENT OR DEALT WITH OUR VARIED CULTURES, THEY FELT THE NEED TO BE SO SUPERIOR THEY DESTROYED ORU WAYS ENFORCED THIER LANGUAGES THIER UNCIVILISED BEHAVIOURS WHICH HAS SHOWN TO BE FALLABLE DISCREDITABLE INSINCERE DISASTEROUS DISMALL DISENGENUOUSA NIGHTMARE ; THEY WERE DREAMING WHILE WE SUFFERD . SOME PEPEL ARE STILL TRAUMATISED BY EVEN COLONIALSIM WE HAVE THOSE THAT HAVE GRAVE WOUNDS SUFFERING WITH TRAUMA FROM AMPUTATIONS RAPES TORTURE UNABLE TO SLEEP , THE ICC NEEDS TO TAKE UP THIER BANNER AND WAVE IT HIGH.!!!" THEY WOULD NEVER BE ABLE TO THAT; FIRST AND FOREMOST IT IS BEING FINANCED BY THE WEST THERE SLARIES ARE BEING PAID THE WEST SO THJIS CONFLICTS WITH ANY JURISPRUDENCE THAT IS FAIR. ANY AFRICAN COURTS SYSTEM WOULD NOT BE DRIVEN BY MONEY THIS WOULD BE THE RIGHT OF THE VICTIMS TO BE HEARD FOR REAL NOT SHOWMANSHIP BUT WITH REAL TRADITIONAL LEADERS SITTING AS DEFENDERS AND JUDGES AS WE SAW DONE IN RWANDA WITH THE COURT THAT SAW OVER A MILLION OR MORE PEOPLE AND IN SHORTER TIME AND NO MONEY AS IN PAR WITH WESTERN TRADITION OF CHARGING THIER OWN MOTHER TO CROSS THE STREET". AFRICA SHOULD OT WATSE TIME ON THIS COLONIAL ENTITY IT IS HARMFUL FOR AFRICA AN IT DOES MORE HARM THAN GOOD, THIER COURTS DO NOT ALLOW FOR AFRICAN PEOPLE TO MOVE ON, THEY KEEP THE TRAUMA IN THE FACE OF AFRICANS LEAVING THEM IN LIMBO FOR STAGES OF WHICH ARE DISPROPORTIONATE; THIER TOMFOOLERY IS NOT REQUIRED WHEN AFRICA IS BUILDING AND SUFFERING FROM THIER CONTIUAL INTERFERNCE, PLAYING COLONIAL MASTER. THEY ARE VERY MISGUIDED AND THOSE WHO ARE SUPPORTING THIS EVEN MORE SO. "THE TIDE OF REBELLION IS ON THE AFRICAN SIDE, WE MUST TAKE THE REVOLUTION TO ANOTHER LEVEL "THE TIME FOR BLACK LIBERATION 'IS NOW !!!NOT NEXT YEAR OR TOMMORROW " "WE HAVE THE TOOLS WE HAVE THE MOMENTUM AND HISTORY IS ON ORU SIDE". 'THIS IS NOT THE TIME TO LOOK BACKWAYS ; "FORWARD FOREVER BACKWARD NEVER"
FOCUS ON THE KENYAN COLONIAL VICTIMS TRY THIER CASE IN THE ICC SHOW THAT THIS COURT IS IMPARTIAL. TRY THE BRITS FOR THIER INHUMANITY NONCHELANTS AND THIER CAVALIER ATTITUDE"" GIVE THE MAU MAU ELDERS PEACE OF MIND !!!!!!!