Investigating and Prosecuting War Crimes

The International Criminal Court’s chief prosecutor, Fatou Bensouda, yesterday announced she was opening a “preliminary investigation” into possible war crimes committed during the ongoing conflict in the Central African Republic. The Central African Republic—one of Africa’s poorest countries—has been the site of ongoing sectarian violence for more than a year. Thousands of refugees have attempted to flee into neighboring countries, often escorted by African Union-backed peacekeeping forces.

In her report, Bensouda noted that her initial investigation has already found “hundreds of killings, acts of rape and sexual slavery, destruction of property, pillaging, torture, forced displacement and recruitment and use of children in hostilities,” and that “in many incidents, victims appear to have been deliberately targeted on religious grounds.” Some have suggested that the Central African Republic may be on the verge of genocide.

Fatou Bensoouda’s statement was published as a short, 3 minute video.

The International Criminal Court was created in 2002 to prosecute acts of genocide, crimes against humanity, and war crimes in situations where existing national legal systems are unwilling or unable to act. The ICC has come under attack in recent years for its near-exclusive focus on Africa, as all of the ICC’s investigations to date have focused on African countries.

What do you think? Should the ICC begin an investigation into developments in the Central African Republic? Is the ICC biased against Africa? Or does it merely reflect the concentration of conflict in the region? Can the ICC effectively deal with war crimes and crimes against humanity? Why or why not?

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