Fatou Bensouda, Gambian lawyer and judge

Fatou Bom Bensouda, born Fatou Nyang on January 31, 1961, is a distinguished Gambian lawyer whose career has significantly impacted the landscape of international criminal justice. Her extensive experience spans national legal systems and prominent international tribunals, culminating in her pivotal role as the Prosecutor of the International Criminal Court (ICC).

A Career Dedicated to Justice: From Gambia to Global Tribunals

Bensouda's journey in law began in her native Gambia, where she swiftly rose through the ranks, demonstrating a profound commitment to justice and legal reform.

Early National Service and Leadership

• Minister of Justice and Attorney General of The Gambia (1998-2000): In this critical national role, Fatou Bensouda was responsible for overseeing the legal system, advising the government on legal matters, and acting as the principal legal officer of the state. This position involved shaping legal policy, prosecuting cases, and upholding the rule of law within the country.

Transition to International Criminal Justice

Her expertise soon transcended national borders, leading her to influential positions within the nascent field of international criminal law.

• Legal Adviser and Trial Attorney at the International Criminal Tribunal for Rwanda (ICTR): Before her tenure at the ICC, Bensouda served at the ICTR, an ad hoc judicial body established by the United Nations Security Council in 1994 to prosecute individuals responsible for genocide and other serious violations of international humanitarian law committed in Rwanda during the 1994 genocide. As a legal adviser and trial attorney, she played a crucial role in gathering evidence, preparing cases, and prosecuting individuals accused of some of the gravest crimes known to humanity. This experience provided her with invaluable insight into prosecuting complex international crimes, including genocide, crimes against humanity, and war crimes.

Leadership at the International Criminal Court (ICC)

Fatou Bensouda's career trajectory led her to the International Criminal Court, the world's first permanent international court with jurisdiction to prosecute individuals for the most serious crimes of international concern: genocide, crimes against humanity, war crimes, and the crime of aggression.

• Deputy Prosecutor, Prosecutions Division (2004-2012): Appointed in 2004, Bensouda served as Deputy Prosecutor for eight years. In this capacity, she was instrumental in managing the ICC's prosecutorial activities, overseeing investigations and prosecutions of individuals alleged to have committed core international crimes. This role prepared her for the immense responsibilities she would later assume as the chief prosecutor.
• Prosecutor of the International Criminal Court (June 2012 - June 2021): In June 2012, Fatou Bensouda made history by becoming the first African woman to hold the position of ICC Prosecutor. During her nine-year term, she spearheaded numerous high-profile investigations and prosecutions, addressing alleged atrocities in various conflict zones around the world. Her tenure was marked by efforts to strengthen the court's investigative capabilities, engage with victims, and navigate complex geopolitical challenges while upholding the court's mandate to end impunity for mass atrocities.

The US Sanctions Controversy and Reversal

A notable period during Bensouda's tenure as ICC Prosecutor involved a controversial diplomatic dispute with the United States government, particularly concerning the ICC's investigations into alleged war crimes committed in Afghanistan and the Palestinian territories.

Imposition of Sanctions (September 2, 2020)

On September 2, 2020, under the administration of then-President Donald Trump, Fatou Bensouda was controversially named a "specially designated national" (SDN) by the United States government. This designation, part of Executive Order 13928, was a direct response to the ICC's decision to authorize an investigation into alleged war crimes in Afghanistan, which could potentially include actions by U.S. military personnel and CIA operatives, and its preliminary examination into the situation in Palestine. The SDN designation effectively prohibited all U.S. persons and companies from engaging in any business or financial transactions with her, imposing severe travel and financial restrictions.

Reversal by the Biden Administration (April 2, 2021)

This diplomatic standoff was significantly altered on April 2, 2021, when the Biden administration reversed course. President Joe Biden revoked Executive Order 13928, consequently removing Fatou Bensouda and another senior ICC official from the SDN list. U.S. Secretary of State Antony Blinken released a public statement regarding the decision, describing the previous sanctions as "inappropriate and ineffective." While lifting the sanctions, Blinken's statement reiterated Washington's continued strong opposition to any ICC actions relating to the situations in Afghanistan and Palestine, highlighting the persistent divergence in views between the U.S. and the ICC on these specific matters, even as diplomatic relations improved.

Frequently Asked Questions about Fatou Bensouda

Who is Fatou Bensouda?

Fatou Bensouda is a distinguished Gambian lawyer who served as the Prosecutor of the International Criminal Court (ICC) from 2012 to 2021. Prior to this, she held prominent roles as The Gambia's Minister of Justice and Attorney General, and as a legal adviser and trial attorney at the International Criminal Tribunal for Rwanda (ICTR).

What was her primary role at the International Criminal Court (ICC)?

Her primary role was as the Chief Prosecutor of the ICC, where she was responsible for investigating and prosecuting individuals accused of genocide, crimes against humanity, war crimes, and the crime of aggression. Before becoming Prosecutor, she served as the Deputy Prosecutor in charge of the Prosecutions Division.

Why was Fatou Bensouda sanctioned by the United States government?

She was sanctioned by the Trump administration in September 2020 due to the ICC's investigation into alleged war crimes in Afghanistan, which included the potential for examination of actions by U.S. personnel, and the court's preliminary examination into the situation in Palestine. The sanctions were intended to pressure the ICC to cease these investigations.

Were the U.S. sanctions against her eventually reversed?

Yes, the sanctions against Fatou Bensouda were reversed by the Biden administration on April 2, 2021. President Joe Biden revoked the Executive Order that imposed the sanctions, and Secretary of State Antony Blinken stated that the previous measures were "inappropriate and ineffective." However, the U.S. maintained its opposition to the ICC's investigations in Afghanistan and Palestine.

What is the significance of her work at the International Criminal Tribunal for Rwanda (ICTR)?

Her work at the ICTR provided crucial experience in prosecuting complex international crimes, specifically those related to the 1994 Rwandan genocide. It demonstrated her early commitment to accountability for mass atrocities and laid the groundwork for her future leadership roles in international criminal justice.