FALSE: Former ICC prosecutor Bensouda is a US-designated ‘terrorist’

At a glance

• Claim: Former International Criminal Court (ICC) prosecutor Fatou Bensouda is designated as a “terrorist” by the United States.
• Rating: FALSE
• The facts: In September 2020, under then-US president Donald Trump’s administration, the US Treasury Department included Bensouda on their list of Specially Designated Nationals over the ICC’s investigations into alleged US war crimes in Afghanistan. These sanctions were reversed by current US President Joe Biden in April.
• Why we fact-checked this: Senator Francis Tolentino claimed in a statement that Bensouda was designated a terrorist. The claim is also being spread on Facebook.

Complete details

On Thursday, June 17, Senator Francis Tolentino claimed in a statement on the Senate website that former International Criminal Court (ICC) prosecutor Fatou Bensouda was a “US designated ‘terrorist.'” 

Tolentino’s statement has been shared by Facebook pages like “Rody Duterte: The Real Change” and “Hindi lahat ng nasa Abroad Mayaman,” which, as of writing, have 288,239 and 42,523 followers, respectively.

This claim is false.

In September 2020, the US Treasury Department included Bensouda and the ICC’s head of jurisdiction Phakiso Mochochoko on their list of Specially Designated Nationals (SDN) over the ICC’s investigations into alleged US war crimes in Afghanistan. These sanctions froze any assets Bensouda or Mochochoko may have possessed in the US or subject to US law.

The US Treasury Department does not have the power to designate individuals or groups as terrorists. Terrorist designation is processed by the US State Department under the Immigration and Nationality Act.

In response to a frequently asked question about where to find the “terrorist list” on their website, the Treasury Department’s Office of Foreign Assets Control (OFAC) said, “OFAC’s regulations are broader than the specific laws dealing with terrorists and persons who support them.”

While the SDN list has included terrorists such as al-Qaeda founder Osama bin Laden and former ISIS leader Abu Bakr al-Baghdadi, it also includes non-terrorists such as current Hong Kong Chief Executive Carrie Lam.

In April, US Secretary of State Antony Blinken announced the reversal of the Trump-era sanctions. Blinken said the sanctions “were inappropriate and ineffective.” 

Tolentino’s attempt to question Bensouda’s credibility comes after Bensouda wrote a report that there is basis to believe “the crime against humanity of murder” throughout President Rodrigo Duterte’s war on drugs.

Bensouda named Duterte, Senator Ronald “Bato” dela Rosa, former justice secretary Vitaliano Aguirre II, and unnamed members of the “Davao Death Squad” (DDS) as part of a policy to perpetuate extrajudicial killings. – Jose Atienza/Rappler.com

Jose Atienza is a Rappler intern. This fact check was reviewed by a member of Rappler’s research team and a senior editor. Learn more about Rappler’s internship program here.

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