SALALE UNIVERSITY

COLLEGE OF SOCIAL SCIENCE AND HUMANITIES

SCHOOL OF LAW

INTERNATIONAL HUMANITARIAN LAW INDIVIDUAL ASSIGNMENHT

TITLE PROSCUTOR VS JEAN BEMBO GOMBO CASE

WORKED BY

NAME…………………………………………………………….ID NO

SILTANU BELETE…………………………………….……….1146/12-0

SUBMITED TO ………. Instructor Henock, D

SUBMITION DATE ………………15/5/2015E.C

i
 Declaration

I hereby declare that the assignment is my own work the compliance with widely
accepted assignment. I have duly acknowledged and referenced and materials
used in this assignment. I Will try to refer any materials and find best documents
as well as guides on this assignment .and this assignment is my hard work so that
I would have declared.

i
 Acknowledgement

First and for most thanks to God. Secondly, I thank you for my instructor, Henock
Demise to give this assignment the purpose of further reading and ready to
research work. This assignment helps to me Initiated to read more and try to solve
international conflicts that means to know the rules and laws of IHL IPL and so
on

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 Table content page

Title page .................................................... ..........................................0

Declaration..............................................................................................I

Acknowledgement .................................................................................II

Table content ...........................................................................................III

Acronyms .................................................................................................iv

Abstract.....................................................................................................v

Introduction of case....................................................................................1

Facts of case................................................................................................2

Issue or grounds of case...............................................................................4

Reflection or relevant provision of case.......................................................7

Decisions of the case.....................................................................................10

Conclusion of case.........................................................................................14

Summary of case.............................................................................................16

BIBLOGPHY OR REFERENCE…………………………………………….18

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 Acronyms (abbreviation)

IHL ............................International humanitarian law

ICC...............................International criminal court

CAR..............................Central Africa Republic

ART..................................Article

MLC..................................Movement Liberation Congo

ALC.....................................Armie liberation of Congo

FACA....................................Forces armies central africanus

OTP........................................Office of the prosecutor

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 Abstract

The International Criminal Court (ICC) has issued its third confirmation decision
against Jeanpierre Bemba Gombo,1 the former president of the rebel Movement
de Liberation du Congo ´ (MLC) and commander in chief of its military wing, the
Armie de Lib ´ elation du Congo (ALC). ´ 2 The decision is, in principle, to be
welcomed, since it constitutes a further consolidation of the ICC case law and
breaks new ground in some important areas, for example the law of crimes against
humanity (Art. 7 of the ICC Statute3) 4 and command responsibility (Art. 28).5
From an outsider’s perspective it also seems that the Chamber, on the basis of the
available (disclosed) evidence, took the right decision when it changed the
Prosecutor’s liability from (co-)perpetration (Art. 25(3)(a)) to command
responsibility. Yet there are some fine legal technical points where the Chamber
did not dig deep enough, incurred conceptual errors, or drew some illogical
conclusions. These issues shall be discussed briefly here, not in a destructive spirit
but to contribute constructively to the improvement of the future case law

v
Introduction

The trial chamber (ICC) found Jean-Pierre Bemba Gumbo the president and
founder of the political party movement du liberation du Congo (MLC)and
commander in chief of its military branch. The armed du liberation du Congo
(ALC) guilty as military commander of the war crimes of murder, rape and
pillage. Moreover, he was found guilty for failing to take all necessary and
reasonable measures to prevent or repress the commission of the cries, or to
submit the matter to competent authorities for investigation and prosecution. The
chamber found the crime to have taken place in the context of the non-
international armed conflict on the territory of the central Africa Republic (CAR)
between the forces armies central Africans (FACA)and other forces supposing
president patesi on the one hand and General Bozize, s rebels on the other.

The appeal chamber is delivering today it's judgment in relation to the appeal of
Mr., jean Pierre-bemba-Gumbo against the decision of trial chamber 3 of 21
March 2016, which convicted him of war crimes and crimes against humanity.
Then the judgment of that is relation to the appeal of Mr. Bemba and other
prosperous against sentencing decision of trial chamber 3 of June 2016 which
sentenced him to joint sentence of18 years imprisonment.

The central a Africa republic ratified the Rome statute on October 2001.

On21 December 2004 the government of central Africa Republic referred to the
court crimes committed the territory of the central Africa republic after 1July
2002.

Bemba was released from arrested when the appeal court’s decision .and he was

1
prosecuted and decision of imprisonment by the first chamber of the ICC.1

March 2019, the Defense of Mr. Bemba filed a claim for compensation and
damages under Article 85 of the Rome Statute. It will be for the Pre-Trial
Chamber II, designated by the Presidency to consider the application, to make a
decision in due course

FACTS OF THE CASE

When Jean Pierre Bemba Gumbo was the president of the movement du liberation
to Congo (MLC)and commander in chief of the MLC. the ICC office of the
prosecutor (OTP)alleges that Mr. Bemba formed and led the MLC in a rebellion
against the government of the DRC. The OTP alleges that in the struggle for
control of the central Africa Republic (CAR) between president Angle Felix
palace and former chief of staff of the armed forces. General Frances Bozize Mr.
Bemba president parse made an agreement that MLC forces would support CAR
government forces in exchange for the CAR government not supposing the DRC
government.

From 2002 to 2003 as alleged by the OTP Mr. Bemba armed and ordered MLC
forces to do the following to enter the CAR from the DRC and to attack General
Bozize, s rebel forces and civilians in various areas of the CAR to murder
civilians to commit rape inflict, sexual violence against men, women and children
as a method of terrorizing, subjugating local populace and to pillage and destroy
property.

Consequently, he had charged by prosecutor by committed of crimes in armed

conflict. This means he had committed war crime and crime against humanity and

1
https://www.icc-cpi.int/sites/default/files/CaseInformationSheets/BembaEng.pdf

2
then he had was arrest on 24 may 2008.In this time he was a member of the senate
of the DRC.

On21 December 2016 trial chamber 3 had concluded that as a person effectively
acting as a military commander and movement deliberation du Congo (MLC)
troops, Mr. Bemba was criminally responsible pursuant to article 28(a) of the ICC
Rome statute for the crime against humanity of murder and rape and the war
crimes of murder, rape and pillaging committed by the MLC troops in central
Africa Republic from on or about 26 October 2002 to15 March 2003.

On 21 March 2016,Trial Chamber III had concluded that, as a person effectively

acting as a military commander and with effective control over the Movement
deliberation du Congo (“MLC”) troops, Mr. Bemba was criminally responsible
pursuant to article 28(a) of the ICC Rome Statute for the crimes against humanity
of murder and rape and the war crimes of murder, rape and pillaging committed
by the MLC troops in the Central African Republic (“CAR”) from on or about 26
October 2002 to 15 March 2003. On 8 June 2018, the Appeals Chamber found
errors that affected the decision of Trial Chamber III convicting Mr. Bemba. The
Chamber considered it was appropriate to reverse his conviction and enter an
acquittal.

On 24 May, Mr. Bemba was arrested by the Belgian authorities, and the Pre-Trial
Chamber decided to unseal the warrant of arrest. On 10 June 2008, Pre-Trial
Chamber III rendered a decision on the Prosecutor’s application of 9 May 2008. It
also issued a new warrant of arrest replacing the warrant issued on 23 May 2008,
adding to the counts against Mr. Bemba the charge of murder, constituting both a
war crime and a crime against humanity. At the same time, the Chamber
addressed to the Kingdom of Belgium a request for Mr. Bemba’s arrest and
surrender to the ICC. On 3 July 2008, Mr. Bemba was transferred and surrendered

3
23
to the ICC. on 4 July 2008, Mr. Bemba appeared before Pre-Trial Chamber III
for the first time

On 27 May 2008, Pre-Trial Chamber III addressed to the Portuguese Republic a

decision and request for the identification, tracing, freezing and seizure of the
property and assets of Jean-Pierre Bemba. On 25 August 2008, the Registrar
provisionally decided that Jean-Pierre Bemba is not indigent and that,
accordingly, he is ineligible for legal assistance, in full or in part, paid by the
Court. On 10 October and 14 November 2008, the Pre-Trial Chamber decided to
reject the Defense application for the lifting of the seizure of Mr. Bemba’s
property and assets. It also ordered the Registrar to monitor, in consultation with
the Portuguese authorities, the distribution of a monthly sum, drawn on a
Portuguese bank account owned by Mr. Bemba, to ensure that he meets his
financial obligations to his family and his counsel. On 20 October 2009, Trial
Chamber III ordered the Registry to advance a monthly sum (with retroactive
effect starting March 2009) to Mr. Bemba to cover his financial obligations to his
counsel, until there is a material change in his financial circumstances. Mr.
Bemba will have to repay the Court out of his own funds.

Issues of the case

On 15 June 2009 pretrial chamber 2 or pretrial chamber or prosecutor confirmed

that there was sufficient evidence to establish substantial grounds to believe that
Mr. Bemba is responsible as a person effectively acting as a military commander
within the meaning of Art 28(a) of the statute for the crimes against on

2
http://www.department-ambos.uni-goettingen.de/data/documents/Veroeffentlichungen/
epapers/Bemba%20Conf%20Charges.pdf
3
Case Information Sheet - The Prosecutor v. Jean-Pierre Bemba Gumbo

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1, Humanity of murder art 7(1)

2, Humanity of rape Art 7(1)(g) and ear crimes

3, Murder war crimes Art 8(2)(c)(i)

4, Rape war crimes Art 8(2)(e) (vi) and also

5, pillaging war crime Art8(2)(e)(v) allegedly committed on territory of the

central Africa Republic CAR from on or about 26 October 2002t to 15 March
2003.

By these issues or grounds, the prosecutor charged to Bemba had committed those
crimes .in this time Bemba rises the defense on those issues or grounds or charges
but in the first chamber his defense was not accepted and he had not release from
his charge.

Bemba rises his defense was not accepted because of the prosecutor or the trial
chamber 2 was had sufficiently and enough evidences on his crime in central
Republic Congo by different way of gathering the evidence .so that by those good
evidence and confidence the prosecutor or the pretrial chamber of the ICC of the
Rome statute bring to charge on Bemba, s committed crimes.

n 3 March 2009, the Pre-Trial Chamber decided to adjourn the confirmation

hearing in the case and requested the Prosecutor to consider submitting to it an
amended document containing the charges, taking into account that the legal
characterization of the facts of the case may correspond to a mode of liability
other than the individual responsibility relied on by the Prosecutor, namely
criminal responsibility as a military commander or superior within the meaning of
article 28 of the Rome Statute. Following an in-depth review of the amended
document containing the charges submitted by the Prosecutor, and of the
observations of the Defense and the legal representatives of the victims, Pre-Trial

5
Chamber II considered, on 15 June 2009, that there was sufficient evidence to
45
establish substantial grounds to believe that Mr. Bemba is criminally responsible
for having effectively acted as a military commander within the meaning of article
28(a) of the Statute, for war crimes (murder, rape and pillaging) and crimes
against humanity (murder and rape). Following the confirmation of the charges on
18 September 2009, the Presidency constituted Trial Chamber III and referred the
case to it for the conduct of the trial. TRIAL On 22 November 2010, the trial
commenced before Trial Chamber III with the parties and participants making
their opening statements. The presentation of evidence commenced on 23
November 2010. Throughout the proceedings, the Chamber issued 1219 written
decisions, orders, notifications, and cooperation requests as well as 277 oral
decisions and orders. The Chamber admitted a total of 733 items of evidence,
including 5724 pages of documents. The Chamber sat for 330 working days and
heard 77 witnesses, including 40 witnesses called by the Prosecution, 34 called by
the Defense, 2 witnesses called by the Legal Representative of Victims and one
witness called by the Chamber. The Chamber also permitted three victims to
directly present their views and concerns. The Prosecution, the Defense, and the
Legal Representative of Victims made their closing oral statements on 12 and 13
November 2014.

The Accused is allegedly responsible for the atrocity crimes committed by

his subordinates as their commander. Under Article 28(a) of the Rome
Statute, commanders are responsible for the crimes committed by
subordinates if the commander possessed effective control over the forces,
knew or should have known that the forces committed or were about to
commit the crimes, and failed to take reasonable measures to prevent the
4
www.legal-tools.org/doc/56cfc0/pdf/
5
ambridge.org/core/journals/international-legal-materials/article/prosecutor-v-jeanpierre-
bemba-gombo-judgment-on-the-appeal-of-mr-jeanpierre-bemba-gombo-against-trial-chamber-
iiis-judgment-pursuant-to-article-74-of-the-statute-intl-crim-ct/34

6
 crimes from occurring or failed to punish the subordinates for committing
the crimes listed below.

Under this mode of criminal liability, the Accused is charged with the
following atrocity crimes:

Murder (Crime against Humanity): Article 7(1)(a)

Rape (Crime against Humanity): Article 7(1)(g)

Murder (War Crime): article 8 sub 2 e

Rape (War Crime): Article 8(2)(e)(vi)

Pillaging (War Crime): Article 8(2)(e)(v

Reflection or Relevant provision of the case

Standing from the above issues Bemba violates the IHL as well as ICCJ rules. that
means 1, murder is or as a war crime it indicated that Art 8(2)(c)(i) of the statute
the chamber considered that like material element fir the crime against humanity
of murder. material element of the war crimes of murder is committed by Bemba.
because he kills and raped of civilians and woods and sickness and so on in
another hand, he violates the principle of humanity of IHL.

2, War crime of murder contains materially distinct element from corresponding

crime against humanity in that pursuant to Art 8(2)(c)(i), the murder must commit
against person taking no active participate in hostilities and also including hors de
combat person but Bemba committed crime on those persons so that he is liability
on murder of gains humanity and murder of war crime on both sides.6

On the other hand, the chamber confines its consideration here to the law
applicable to the murder of civilians. The chamber notes that third Geneva
convention and additional protocols l and assist in the definition of civilians.
6
https://redress.org/casework/the-prosecutor-v-jean-pierre-bemba/

7
3, Rape as a crime against humanity and a war crime Art 7(1)(G) and also Art8(2)
(E)(VI) the chamber does not exclude the possibility that in addition to the
military presence of hostile forces among the civilian population. There are other
coercive environments of which a perpetrator may take advantage to commit rape.
Number of people involves in commission of the crime or whether the rape is
committed during or immediately following a combat situation or is committed
together with others crimes. Whosoever Bemba committed as the like. So, he is
liable or he is criminal.

4, On pillaging as a war crime Art 8(2)(E)(v) the chamber notes that Art 8(2)(e)
(v) mirrors of the provision Art8(2)(b)(xvi) on pillaging as a war crime in
international Armed conflict. Pursuant to Art 8(2)(e)(v) pillaging as the war crime
requires the appropriation of certain property by an individual. The act of
appropriation has been held to imply that property has come under the control of
perpetrator. The chamber occurs with other chambers of the court that pillaging
extends to the appropriation of all types of property, Private or public movable or
immovable.

Art 8(2)(e)(v) paragraph 3 the elements of crimes requires that the appropriation
occur without consent. So that he is committed as this crime.

The pretrial chamber, the chamber considers that pillaging pursuant to Art 8(2)(e)
(v) does beyond mere sporadic acts of violation of property rights. On this
circumstances Bemba had committed those crimes.7

On 15 June 2009, Pre Trial-Chamber II confirmed the charges against Bemba but

declined to confirm the charges of torture and outrages upon personal dignity.  On
the 21 June 2009, the Prosecutor asked for leave to appeal the decision.

7
Summary of the decision from international criminal court

8
On 28 August 2009, a group of experts, women’s human rights advocates and
human rights organizations including REDRESS, filed an application for leave to
submit an amicus in the Bemba case on the issue of cumulative charging for rape,
torture and outrages upon personal dignity. The submission asserted that
cumulative charging is a widely accepted and established practice in national and
international courts and does not contravene the right of the accused to a fair trial.
It was emphasized that the offences of rape and torture require clearly distinct
elements, justifying a cumulative charging approach.

In addition, the amicus argued that the negotiating history of the Rome Statute
and Elements of Crimes promotes cumulative charging for crimes of sexual
violence. Furthermore, the amicus stressed that rape has long been considered
under the concept of torture in international criminal, human rights, humanitarian,
and customary international law. Given that sexual and gender-based violence
disproportionately affects women, disallowing cumulative charging also
constitutes discrimination on the basis of gender. Finally, the amicus warned that
disallowing cumulative charging risked the trivializing rape and other crimes of
sexual violence. ®8

Decision of the case

Consequently, the chamber of the ICC of the pretrial has given to decision on
Bemba is liable and responsible on his charged. The decision is he has committed

8
https://www.icc-cpi.int/car/bemba

9
the crime as proved by prosecutor and he is responsible.so that Bemba was
sentenced to 18 years imprisonment in June 2016. The Appeals Chamber is
delivering today its judgment in relation to the appeal of Mr. Jean-Pierre Bemba
Gumbo against the decision of Trial Chamber III of 21 March 2016, which
convicted him of war crimes and crimes against humanity. Our judgment of today
is also in relation to the appeals of Mr. Bemba and the Prosecutor against the
sentencing decision of Trial Chamber III of 21 June 2016, which sentenced him to
a joint sentence of 18 years imprisonment. I will hereafter refer to these decisions
as the Conviction Decision and the Sentencing Decision.

pillaging committed by troops of the Movement deliberation du Congo (“MLC”)

in the Central African Republic from on or about 26 October 2002 to 15 March
2003. It found that Mr. Bemba, as a person effectively acting as a military
commander and with effective control over the MLC troops, was criminally
responsible for these crimes pursuant to article 28(a) of the Statute.

Mr. Bemba filed an appeal against the Conviction Decision on 4 April 2016, and
filed his Appeal Brief on 19 September 2016. Mr. Bemba raises the following
grounds of appeal: Ground 1 - the trial was unfair; Ground 2 - the conviction
exceeded the charges; Ground 3 - Mr. Bemba is not liable as a superior; Ground 4
- the contextual elements were not established; Ground 5 - the Trial Chamber
erred in its approach to identification evidence; and Ground 6 - other procedural
errors invalidated the conviction.

The Prosecutor filed her response to the Appeal Brief on 21 November 2016 and
the Victims filed their observations on the Appeal Brief on 17 January 2017. Mr. 9
10
Bemba filed his reply to the Response to the Appeal Brief on 23 January 2017
and his reply to the Victims’ Observations on 9 February 2017.11
9
cc-cpi.int/sites/default/files/Court Records/CR2016_02238.PDF
10
7
11
https://www.justiceinitiative.org/publications/trial-jean-pierre-bemba-icc

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On 30 October 2017, the Appeals Chamber ordered the parties and participants to
make submissions on the contextual elements of crimes against humanity, which
were duly received between 13 November and 11 December 2017.

As a result of this Judgment on Mr. Bemba’s Appeal, the Appeals Chamber

unanimously considers the appeals lodged by Mr. Bemba and the Prosecutor
against the Sentencing Decision to be moot, and dismisses them as such.

This concludes the summary of judgments in this case. The Appeals Chamber
notes that in the case of an acquittal, the acquitted person is to be released from
detention immediately. However, Mr. Bemba was convicted by this Court in
another case of offences against the administration of justice and his sentence in
relation to this conviction is currently before Trial Chamber VII. Thus, while the
Appeals Chamber finds that there is no reason to continue Mr. Bemba’s detention
on the basis of the present case, it rests with Trial Chamber VII to decide, as a
matter of urgency, whether Mr. Bemba’s continued detention in relation to the
case pending before that Chamber is warranted. Therefore, Mr. Bemba will not be
released immediately.

On 21 June 2016, Trial Chamber III sentenced Mr. Bemba to 18 years of

imprisonment.

both the judgement and the sentence were subject to appeals. The Appeals
Chamber held hearings in the case from 9 to 12 January 2018 and on 16 January
2018 to hear the submissions and observations of the parties and participants on
these ongoing appeals. On 8 June 2018, the Appeals Chamber found errors that
have affected the decision of Trial Chamber III convicting Mr. Bemba. The
Appeals Chamber concluded, by majority, that Trial Chamber III had erroneously
convicted Mr. Bemba for specific criminal acts that were outside the scope of the
case and that the proceedings in relation to these acts must be discontinued. The
Appeals Chamber also found that Mr. Bemba cannot be held criminally liable

11
under article 28 of the ICC Rome Statute for the remaining crimes committed by
MLC troops during the Central African Republic operation and that he must be
acquitted thereof because the Trial Chamber had made serious errors in its finding
that Mr. Bemba had failed to take all necessary and reasonable measures to
prevent or repress the crimes of the MLC troops. Therefore, the Appeals
Chamber, by majority, considered it was appropriate to reverse his conviction and
enter an acquittal. The Appeals Chamber also dismissed as moot the appeals that
Mr. Bemba and the Prosecutor had brought against the sentence Trial Chamber III
had imposed.

On 14 August 2009, Pre-Trial Chamber II granted interim release to Mr. Bemba.

The implementation of this decision was deferred pending a determination in
which State Mr. Bemba would be released and which set of conditions shall be
imposed. The same day, the Prosecutor appealed this decision. On 2 December
2009, the Appeals Chamber reversed the decision of Pre-Trial Chamber II. On 8
June 2018, following Mr. Bemba’s acquittal in the main case, the Appeals
Chamber indicated that there was no reason to continue Mr. Bemba's detention on
the basis of the case related to alleged crimes in the CAR and that it would be for
Trial Chamber VII to decide whether Mr. Bemba's continued detention is
warranted in relation to his conviction for offences against the administration of
justice. On 12 June 2018, Trial Chamber VII ordered the interim release under
specific conditions for Mr. Bemba in that case. The conditions included:
refraining from making public statements on this case, not changing his address
121314
without prior notice, not contacting any witness in this case and to fully
comply15 with all orders issued in this case, and to surrender himself immediately

12
international-criminal-court-trial-judgment-case-prosecutor-v-jean-pierre-bemba-gombo
13

14
https://www.accord.org.za/conflict-trends/analysis-of-jean-pierre-bembas-acquittal-by-the-
international-criminal-court/
15

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to the relevant authorities if required by the Trial Chamber. On 17 September
2018, Trial Chamber VII sentenced M. Bemba to one year imprisonment and
fined him EUR 300,000 for offences against the administration of justice. The
time spent in detention was deducted and, accordingly, the sentence of
imprisonment is considered as served.

March 2019, the Defense of Mr. Bemba filed a claim for compensation and
damages under Article 85 of the Rome Statute. It will be for the Pre-Trial
Chamber II, designated by the Presidency to consider the application, to make a
decision in due course.

Conclusion of the case

Finally, the ICC trial of former Congolese vice president and military leader Jean
Pierre Bemba concerned command responsibility for crimes committed by
Bemba, s military the movement poor deliberation du Congo (MLC) against
civilians during the 2002-2003 internal armed conflict in the central Africa
Republic CAR. The trial opened in November 2010 with trial chamber 3

13
convicting Bemba of murder, rape and pillaging as war crimes against humanity
in march 2016, Bemba was sentenced to 18 years imprisonment in June 2016.
However, on June 2018 the appeal chamber found errors that affected the decision
of trial chamber 3 convincing Mr. Bemba. this chamber considered it was
appropriate to reserve his conviction and enter he is acquittal.

On 14 August 2009, Pre-Trial Chamber II granted interim release to Mr. Bemba.

The implementation of this decision was deferred pending a determination in
which State Mr. Bemba would be released and which set of conditions shall be
imposed. The same day, the Prosecutor appealed this decision. On 2 December
2009, the Appeals Chamber reversed the decision of Pre-Trial Chamber II. On 8
June 2018, following Mr. Bemba’s acquittal in the main case, the Appeals
Chamber indicated that there was no reason to continue Mr. Bemba's detention on
the basis of the case related to alleged crimes in the CAR and that it would be for
Trial Chamber VII to decide whether Mr. Bemba's continued detention is
warranted in relation to his conviction for offences against the administration of
justice. On 12 June 2018, Trial Chamber VII ordered the interim release under
specific conditions for Mr. Bemba in that case. The conditions included:
refraining from making public statements on this case, not changing his address
without prior notice, not contacting any witness in this case and to fully comply
with all orders issued in this case, and to surrender himself immediately to the
relevant authorities if required by the Trial Chamber. On 17 September 2018,
Trial Chamber VII sentenced M. Bemba to one year imprisonment and fined him
EUR 300,000 for offences against the administration of justice. The time spent in
detention was deducted and, accordingly, the sentence of imprisonment is
considered as served.

14
As a result of this Judgment on Mr. Bemba’s Appeal, the Appeals Chamber
unanimously considers the appeals lodged by Mr. Bemba and the Prosecutor
against the Sentencing Decision to be moot, and dismisses them as such.16

This concludes the summary of judgments in this case. The Appeals Chamber
notes that in the case of an acquittal, the acquitted person is to be released from
detention immediately. However, Mr. Bemba was convicted by this Court in
another case of offences against the administration of justice and his sentence in
1718
relation to this conviction is currently before Trial Chamber VII. Thus, while
the Appeals Chamber finds that there is no reason to continue Mr. Bemba’s
detention on the basis of the present case, it rests with Trial Chamber VII to
decide, as a matter of urgency, whether Mr. Bemba’s continued detention in
relation to the case pending before that Chamber is warranted. Therefore, Mr.
Bemba will not be released immediately.

The Appeals Chamber concluded, by majority, that Trial Chamber III had
erroneously convicted Mr. Bemba for specific criminal acts that were outside the
scope of the case and that the proceedings in relation to these acts must be
discontinued. The Appeals Chamber also found that Mr. Bemba cannot be held
criminally liable under article 28 of the ICC Rome Statute for the remaining
crimes committed by MLC troops during the Central African Republic operation
and that he must be acquitted thereof because the Trial Chamber had made serious
errors in its finding that Mr. Bemba had failed to take all necessary and
reasonable measures to prevent or repress the crimes of the MLC troops.
Therefore, the Appeals Chamber, by majority, considered it was appropriate to
reverse his conviction and enter an acquittal. The Appeals Chamber also dismissed as

16
. justiceinitiative.org/publications/trial-jean-Pierre-bemba-ICC
17
cc-cpi.int/court-record/icc-01/05-01/08-3636-red
18
https://www.aba-icc.org/cases/case/the-prosecutor-v-bemba-et-al/

15
moot the appeals that Mr. Bemba and the Prosecutor had brought against the sentence
Trial Chamber III had imposed

SUMMARY OF THE CASE

On 10 May 2007, the Prosecutor informed the Government of the Central African
Republic, Pre-Trial Chamber III and the President of the Court of his decision to
open an investigation. On 22 May 2007, the launching of an investigation
concerning the crimes alleged to have been committed in the Central African
Republic was made public.

n 8 June 2018, following Mr. Bemba’s acquittal in the main case, the Appeals
Chamber indicated that there was no reason to continue Mr. Bemba's detention on
the basis of the case related to alleged crimes in the CAR and that it would be for
Trial Chamber VII to decide whether Mr. Bemba's continued detention is
warranted in relation to his conviction for offences against the administration of
justice. On 12 June 2018, Trial Chamber VII ordered the interim release under
specific conditions for Mr. Bemba in that case. The conditions included:
refraining from making public statements on this case, not changing his address
without prior notice, not contacting any witness in this case and to fully comply
with all orders issued in this case, and to surrender himself immediately to the
relevant authorities if required by the Trial Chamber.

The case rises between the prosecutor and the Jean Pierre Bemba Gumbo. Bemba
was committed in such crimes murder war crime and crime against humanity,
rape war crime and crime against humanity and also pillage of war crime in CAR.

16
IHL is applicable in this case in the idea of armed conflict that means in principle
of humanity and war crime in armed conflict as a principle. And also, ICC
applicable in implement of IHL.

Bemba was sentenced in 18 years imprisonment by pretrial chamber or court

however he was acquitted by the appeal court on 8June 2018

On 8 June 2018, the Appeals Chamber found errors that affected the decision of
Trial Chamber III convicting Mr. Bemba. The Chamber considered it was
appropriate to reverse his conviction and enter an acquittal.19

Therefore, the Appeals Chamber, by majority, considered it was appropriate to

reverse his conviction and enter an acquittal. The Appeals Chamber also20
dismissed as moot the appeals that Mr. Bemba and the Prosecutor had brought
against the sentence Trial Chamber III had imposed.

19
https://www.justiceinitiative.org/publications/trial-jean-pierre-bemba-icc
20
From all sources of my using to done the assignment

17
BIBLOGRAPHY OR REFERENCCES
Prosecutor v. Bemba, ICC-01/05-01/08 A, Judgment on the Appeal of Mr. Jean-
Pierre Bemba Gumbo Against Trial Chamber III's “Judgment Pursuant to Article
74 of the Statute” (Jun. 8, 2018) [hereinafter Bemba Appeal Judgment]
Prosecutor v. Bemba, ICC-01/05-01/08, Judgment Pursuant to Article 74 of the
Statute (Mar. 21, 2016). See also Prosecutor v. Bemba, ICC-01/05-01/08-3434-
Red, Public Redacted Version of Appellant's Document in Support of the Appeal,
¶ 1 (Sep. 28, 2016).

Prosecutor v. Bemba, ICC-01/05-01/08-3434-Red, Public Redacted Version of

Appellant's Document in Support of the Appeal, ¶ 7 (Sep. 29, 2016).

Bemba Appeal Judgment, supra note 1 (separate opinion by Van den Wingert, C.,

and Morrison, H.).

Prosecutor v. Bemba, ICC-01/05-01/08-3579, Order in Relation to the Conduct of

the Hearing Before the Appeals Chamber, 3 (Nov. 27, 2017).
Prosecutor v. Diol, ICC-01/04-01/06-3121-Red, Judgment on the Appeal of Mr.
Thomas Lubanga Diol Against His Conviction, ¶ 21 (Dec. 1, 2014666). Bemba
Appeal Judgment, supra note 1, ¶ 40Bemba Appeal Judgment, supra note 1, 115¶
Additional protocol and ICCJ
IHL as principle21

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