LONDON: The former chief prosecutor at the International Criminal Court has told how she received “direct threats” to herself and her family while working there.
Fatou Bensouda’s comments about her experiences came six months after a newspaper report alleged that the head of Israeli intelligence agency Mossad had threatened her in an attempt to get her to drop an investigation into accusations of war crimes in occupied Palestinian territories.
Appearing at a legal event in London on Tuesday, Bensouda did not mention any specific threats but said she was subjected to “unacceptable, thug-style tactics” while doing her job.
She said that while working on some of the court’s toughest cases, including those related to the conflict between Israel and Palestine, and the war in Afghanistan, she received “direct threats to my person and family and some of my closest professional advisors.”
Bensouda was the ICC’s chief prosecutor from 2012 until 2021. The Guardian newspaper reported in May that Israel’s foreign intelligence services put pressure on Bensouda after she opened a preliminary investigation in 2015 into the conflict between Israel and Palestine.
The newspaper, sighting several Israeli sources, alleged that Yossi Cohen, the director of Mossad at the time, threatened Bensouda during a series of secret meetings and warned her not to proceed with a case related to alleged Israeli war crimes and crimes against humanity in the West Bank, Gaza and East Jerusalem.
Israeli authorities denied the allegations of threats and intimidation, and Bensouda opened a full criminal investigation into Israel’s actions in 2021, shortly before she left her post.
Last week, the ICC issued arrest warrants for Israel’s prime minister, Benjamin Netanyahu, his former defense minister, Yoav Gallant, and the military chief of Hamas, Mohammed Deif, accusing them of crimes against humanity.
The warrants were requested six months ago by Bensouda’s successor, Karim Khan, as part of an extension of the investigation that his predecessor initiated. Khan accelerated the case after the Oct. 7 attacks by Hamas and Israel’s subsequent war on Gaza.
During her lecture at the Bar Council on Wednesday, Bensouda, who is now Gambia’s high commissioner to the UK, said the arrest warrants issued last week focused exclusively on the events of Oct. 7 and those that followed, and did not include aspects of the wider conflict between Israel and Palestine that formed the basis of the investigation she initiated.
She said her initial probe focused on whether Hamas, other Palestinian armed groups or the Israeli military had committed war crimes in relation to hostilities that took place during 2014, and its scope included illegal Israeli settlements and the displacement of populations into the occupied West Bank.
“It will be important to ensure that the full extent of criminality in the context of this devastating … conflict is fully investigated and accountability is finally had for the benefit of its many victims on all sides of the conflict,” she said.
During her time as chief prosecutor, Bensouda also came under pressure from the US. Donald Trump’s administration imposed sanctions on her in 2020 after the ICC began investigating allegations of US war crimes in Afghanistan.
The sanctions were lifted by President Joe Biden. However, last week he described the ICC decision to issue an arrest warrant for Netanyahu as “outrageous” and said there was no equivalence between Israel and Hamas.
Neither the US nor Israel are members of the ICC. However, the 124 states that have signed up to it are obliged to act on warrants it issues if the accused visit their countries.
