New ICC boss takes tough line on Kenya

The incoming chief prosecutor of the International Criminal Court says she will pursue the cases against Kenyan suspects vigorously.

Ms Fatou Bensouda, who is taking over from Mr Luis Moreno-Ocampo, dispelled the notion of being soft.

She will be taking over from Mr Moreno-Ocampo, who has a reputation even within the ICC as a prosecutor who loves publicity and who is viewed as being abrasive.

But the soft-spoken Ms Bensouda, a former Attorney-General of The Gambia, and one-time adviser to the International Criminal Tribunal for Rwanda, can be formidable in court as evidenced by her cross-examination of witnesses during cases involving the six Kenyan suspects.

Ms Bensouda said she would not take an approach softer than the combative and aggressive one of the current ICC prosecutor.

And lawyers for some of the six post-election violence mastermind suspects were in agreement with the tough position taken by Ms Bensouda, arguing that her elevation to the position was not a reprieve for their clients.

Speaking after she was endorsed to take over the hot seat at The Hague by the Assembly State Parties in New York, Ms Bensouda was categorical that she would take over the cases — if they go to the trial stage — and pursue them to the logical end.

By doing so, she said, the ICC would be playing its role of stopping a repeat of the election violence in Kenya when the country goes to the polls next year.

“The ICC can contribute to preventing electoral violence from taking place (next year in Kenya). I will continue fighting impunity,” she said.

She will take over from Mr Moreno-Ocampo on June 16, 2012, when the Argentinean’s nine-year mandate ends.

The 50-year-old Gambian made it clear that although she was the choice of the African Union, which has accused the ICC of targeting its members, she would not change tactics of investigating and prosecuting cases at the ICC.

“My own views, being an African, have nothing to do with my mandate. I don’t agree. I don’t think any of us can deny that the crimes, the atrocities that are happening in Africa are crimes that fall within the jurisdiction of the ICC,” she said while briefing journalists at the UN headquarters in New York.

Deputy Prime Minister Uhuru Kenyatta, MPs William Ruto (Eldoret North) and Henry Kosgey (Tinderet), Head of Public Service Francis Muthaura, Postmaster General Hussein Ali and Kass FM radio presenter Joshua Sang are facing charges of crimes against humanity at the ICC stemming from their suspected role in the 2008 post-election chaos. (READ: Ocampo names Kenya chaos suspects)

They have already argued their cases before the Pre-Trial Chamber headed by Judge Ekaterina Trendafilova and the three-judge bench is set to issue the ruling in a month’s time — on January 19, 2012.

On Tuesday, Maj-Gen (Rtd) Ali’s lawyer Evans Monari said defence teams should not expect an easier ride from Ms Bensouda, warning she could be more ferocious than Mr Moreno-Ocampo.

“Fatou could be worse than Ocampo and in any event she is not a reformist. I don’t expect any change,” he said.

He went on: “Fatou has to explain why The Gambia investigations into killings when she was part of the government were stopped.”

Lawyer Kioko Kilukumi, who represents Mr Ruto, declined to give his perspective on grounds that he had no authority from his client to comment.

Moderate position

However, his colleague Katwa Kigen, who also represents Mr Sang, took a moderate position by first welcoming her elevation before cautioning that it would not change anything about the trials.

“It is a very welcome development for Africa as she will bring an African perspective to prosecution. As any lawyer would confirm, every single discretion, decision and judgement exercised by a prosecutor is influenced by the prosecutor’s philosophy of life, biases, and bona fides and is infinitely significantly material,” he said.

Mr Kigen’s words were best explained by the International Centre for Policy and Conflict (ICPC) boss Ndung’u Wainaina who argued that Ms Bensouda’s past experience in investigating and prosecuting crimes against humanity would give her an edge in her new task.

“We acknowledge she will face new different forms of pressure. However, her past experiences will be handy in progressive management and advancement of the Court’s development and work,” he said.