ICC: Bemba et al. Guilty of Offences Against the Administration of Justice

Jean-Pierre Bemba ©Michael Kooren/AFP/Getty Images

Jean-Pierre Bemba ©Michael Kooren/AFP/Getty Images

Today, Trial Chamber VII of the International Criminal Court (ICC) ruled on the accusations of offences against the administration of justice against Jean-Pierre Bemba Gombo, Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo, Fidèle Babala Wandu and Narcisse Arido. The five accused were found guilty of various offences relating to the false testimonies of defence witnesses in another case before the ICC: The Prosecutor v. Jean-Pierre Bemba Gombo (Main Case).

The Chamber found that Mr. Bemba, Mr. Kilolo and Mr. Mangenda were guilty, as co-perpetrators, for having jointly committed the offences of intentionally corruptly influencing 14 defence witnesses, and presenting their false evidence to the court. The three accused were also foud guilty of either soliciting, inducing or aiding and abetting false testimonies by the defence witnesses. In addition, the Chamber found Mr. Babala guilty of aiding the corrupt influencing of two defence witnesses, and Mr. Arido was found guilty of corruptly influencing four defence witnesses.

The judgment was delivered today, 19 October 2016, during a public hearing in the presence of all five accused. The Prosecutor and the Defence may appeal the judgment within 30 days. For these types of offences, according to the Rome Statute, the judges may impose a term of imprisonment not exceeding five years and/or a fine. The Chamber shall pronounce the penalties at a subsequent stage.

On 21 March 2016, Jean-Pierre Bemba was found guilty by the ICC of war crimes and crimes against humanity committed in the Central African Republic in 2002-2003. On 22 June, Mr. Bemba was sentenced to 18 years’ imprisonment. In September, the Defence for Mr. Jean-Pierre Bemba filed an appeal against his conviction for war crimes and crimes against humanity in front of the Appeals Chamber of the ICC.

The summary of the judgment can be found here and the delivery of the judgment can be watched here.

ICC: Bemba sentenced to 18 years in prison

160621-bemba-sentence-10-1Trial Chamber III of the International Criminal Court (ICC) today sentenced Jean-Pierre Bemba Gombo to 18 years’ imprisonment for war crimes and crimes against humanity committed in the Central African Republic in 2002-2003.

In March the Chamber had found the former vice-president of the DRC guilty beyond reasonable doubt for the crimes of murder, rape and pillaging committed by militiamen under Bemba’s command.

For the crimes of rape the Chamber imposed 18 years of imprisonment while 16 years of imprisonment were imposed for the crimes of murder and pillaging. However, the Chamber decided that the sentences imposed shall run concurrently. Continue reading

ICC: Bemba Guilty of War Crimes and Crimes against Humanity

Jean-Pierre Bemba Gombo in the ICC courtroom during the delivery of his verdict on 21 March 2016 ©ICC-CPI

Jean-Pierre Bemba Gombo in the ICC courtroom during the delivery of his verdict on 21 March 2016 ©ICC-CPI

Today, Trial Chamber III of the International Criminal Court (ICC) unanimously found Jean-Pierre Bemba Gombo guilty of all five counts he was accused of: two counts of crimes against humanity (murder and rape) and three counts of war crimes (murder, rape, and pillaging). The crimes were committed in the south of Central African Republic (CAR) between October 2002 and March 2003 (the 2002-2003 CAR Operation) by a contingent of Mouvement de Libération du Congo (MLC) troops. Mr. Bemba, who was the MLC President and the Commander-in-Chief of the Armée de Libération du Congo, was found guilty as a person effectively acting as a military commander with effective authority and control over the forces that committed the crimes.

The Chamber discussed facts that occurred during the armed conflict between the Central African governmental authorities, supported among others by the MLC, and the rebel armed group of the Forces armées centrafricaines, that lasted from 26 October 2002 to 15 March 2003. The Chamber found that the MLC soldiers then directed a widespread attack against the civilian population, and that they committed many acts of pillaging, rape, and murder against civilians, over a large geographical area. The Chamber found that acts of murder, rape, and pillaging were committed consistent with evidence of a modus operandi apparent from the earliest days and employed throughout the 2002-2003 CAR Operation. Continue reading

UN Investigating Panel on Allegations of Sexual Abuse in CAR

Photos: BINUCA/Balepe Mokosso Dany

Photos: BINUCA/Balepe Mokosso Dany

The United Nations Secretary-General Ban Ki-moon has appointed a panel to investigate the UN response to allegations of sexual abuse surrounding a deployment of foreign military forces in the Central African Republic (CAR). The three-member independent investigation panel is headed by Former Supreme Court justice Marie Deschamps, the ICTR and MICT Prosecutor Justice Hassan Bubacar Jallow and Yasmin Louise Sooka, a South African human rights activist.

In a statement, the UN spokesperson shared that the Secretary-General was “deeply concerned”. Although the allegations of sexual exploitation and abuse of children were made against foreign military forces not under the command of the United Nations in the Central African Republic, the UN has been criticized for its failures and delays in responding to the allegations.

The latest scandal comes after the recent leaked internal UN report detailing accusations of sexual abuse of children by peacekeepers from France, Chad and Equatorial Guinea between December 2013 and June 2014 in Bangui that led to the temporary suspension of Anders Kompass.

The panel will start working in July to review both the allegations, the UN response and any shortcomings in existing procedures covering serious crimes by the Organization and related personnel, host State forces and non-State actors. The investigation report, expected in a ten-week time, will be made public.

Central African Republic: MINUSCA and Complementary Justice Mechanisms

As the United Nations recently took over the peacekeeping mission in the Central African Republic (MINUSCA), calls for imminent justice were made earlier this week by Human Rights Groups.

UN Secretary-General meets with internally displaced people camped near the airport in Bangui, Central African Republic, 5 April 2014 ©UN Photo/Evan Schneider

UN Secretary-General meets with internally displaced people camped near the airport in Bangui, Central African Republic, 5 April 2014
©UN Photo/Evan Schneider

MINUSCA officially started its mission on 15 September 2014. Adopted by the Security Council in April 2014, Resolution 2149 gives mandate to MINUSCA to ensure the security of the civilian population, contribute significantly to the establishment of the rule of law with the redeployment of the public services and help to fight against impunity. This force deployment, in majority composed of the African forces of the African-led International Support Mission to the Central African Republic (MISCA) placed under UN command, must continue until April 2015, date on which the mission should reach the total number of 10 000 soldiers and 2 000 policemen. Continue reading