Prosecuting Israel for War Crimes

16 September 2009

Deputy Prosecutor of Int’l Criminal Court discusses the Palestinian Authority appeal to join the court.

Lia Tarachansky speaks to Fatou Bensouda, the Deputy Prosecutor of the International Criminal Court (ICC) about the Palestinian Authority’s appeal to join the group of nations over which the court has jurisdiction. Bensouda says that before the ICC can investigate the perpetration of war crimes during Israel’s recent attack on Gaza, the court would have to rule on whether it has jurisdiction in the Palestinian Territories. For that, there would have to be clear borders identified, a task the UN would have to take on. Once the court rules on jurisdiction it would be able to prosecute anyone who committed war crimes, crimes against humanity, or genocide within the territory, even if (such as in the case of Israel) the perpetrator is not part of the International Court.

Fatou Bensouda was elected in 2004 to the post of Deputy Prosecutor by the Assembly of State Parties of the International Criminal Court. She is in charge of the Prosecution Division of the Office of the Prosecutor. Prior to joining the International Criminal Court, Bensouda served as the Senior Legal Advisor and Head of The Legal Advisory Unit at the International Criminal Tribunal for Rwanda. Before that, she was the Minister of Justice of The Gambia.