University of Petroleum & Energy Studies

SCHOOL OF LAW
BA.LLB (Hons.) Program
Criminal Law - Semester VIII

ACADEMIC YEAR 2024 -25 Session JAN – APRIL 2024

INTERNATIONAL CRIMINAL LAW

ASSIGNMENT - 1
Case Analysis – Jean-Pierre Bemba (Bemba 1)

Submitted to: Submitted By :

ROHIT RANJAN Name Sem Branch
Vaisnavi Jay(500086311) VIII Criminal
Vishwajeet (500084804) VIII Criminal

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Jean-Pierre Bemba (Bemba 1)
 INDEX

• INDEX.................................................................................. 2

• BACKGROUND.......................................................................... 3

• FACTS OF THE CASE............................................................... 4

• CHARGES.............................................................................. 4 - 5

• MURDER CHARGES WERE APPENDED FOLLOWING BEMBA'S

ARREST AND EXTRADITION BY BELGIUM........................... 4 - 5

• FIRST ICC TRIAL FOR COMMAND RESPONSIBILITY.............. 5

• VERDICT................................................................................ 5 - 7

• SENTENCING........................................................................... 7

• CHALLENGES.......................................................................... 7 - 8

• VICTIMS................................................................................. 8

• PERSONAL OBSERVATION......................................................... 8 – 9

• CONCLUSION.......................................................................... 9 - 10

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Jean-Pierre Bemba (Bemba 1)
 DECODING THE CONTOURS OF Jean-Pierre Bemba (Bemba 1)

CASE NAME : The Prosecutor Vs. Jean-Pierre Bemba Gombo

EQUIVALENT CITATION : ICC-01/05-01/08
COURT : ICC TRIAL CHAMBER III
PETITIONER : The Prosecutor
DEFENDANT : Jean-Pierre Bemba Gombo

BACKGROUND

Embarking on an analysis of the Nottebohm case unveils a narrative that transcends the legal intricacies of
nationality, delving deep into the essence of individual identity and the bonds that tie nations together. Against
the backdrop of geopolitical upheaval, the story of Wilhelm Nottebohm's quest for protection sheds light on
the nuanced interplay between personal choice and state sovereignty. As we unravel the layers of this landmark
legal dispute, we are compelled to confront timeless questions of belonging and allegiance, resonating far
beyond the confines of a single courtroom.

The ICC trial of Jean-Pierre Bemba, former Congolese vice-president and militia leader, centered on his command
responsibility for crimes committed by his militia, the Mouvement pour la Libération du Congo (MLC), against
civilians during the 2002-3 internal armed conflict in the Central African Republic (CAR). Beginning in
November 2010, the trial concluded in March 2016 with Trial Chamber III convicting Bemba of war crimes
including murder, rape, and pillaging, as well as crimes against humanity including murder and rape. He received
an 18-year prison sentence in June 2016. However, in June 2018, the Appeals Chamber acquitted Bemba of
charges related to war crimes and crimes against humanity.

Suspected Congolese rebel militia involved in serious crimes in the Central African Republic -

In late 2002, at the request of then-President Ange-Félix Patassé of the Central African Republic, Jean-Pierre
Bemba, President and Commander-in-Chief of the MLC, formed a coalition with the CAR to counter a coup led
by the former chief-of-staff of the Central African armed forces. However, during the unsuccessful five-month
operation, MLC fighters engaged in widespread atrocities including murder, rape, and looting against civilians
across the CAR. Bemba, who served as vice president of the Democratic Republic of Congo, was arrested and
later surrendered to the ICC in 2008.

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Jean-Pierre Bemba (Bemba 1)
 FACTS OF THE CASE

In 2002, Jean-Pierre Bemba Gombo was President and Commander-in-Chief of the MLC when armed conflict
broke out in the CAR. He was also the organisation’s figurehead and source of its funding, goals and aims. Upon
receipt of Patassé’s request, Bemba immediately deployed three MLC battalions totalling around 1,500 men to
counter Bozizé’s rebellion.

Within the first week of the MLC’s arrival, attacks against civilians began. P119 was living in the CAR when
Banyamulengués (DRC mercenaries) arrived, telling her they were sent by “Papa Bemba”. Later, hiding behind
plants, P119 saw Banyamulengués lined up in two columns “waiting for their turn” to “sleep with” the two girls
while others raped them. Pushing a large stone onto one of the soldiers, P119 caused the other soldiers to run
away. The two young girls – only 12 and 13 years old – were crying and bleeding.

Only a few weeks later, eight MLC combatants entered a community near P119’s home where P23 and his family
lived. The soldiers attacked P23’s wife, P80, in front of their children. One of the soldiers told her that if she
resisted, he would “sleep with her 50 times without stopping”. Then, at gunpoint, P80 was raped by three soldiers.
P23’s granddaughter (aged between 10 and 13 years old)was dragged outside, where soldiers hit her legs with
batons before they took turns raping her. One of P23’s daughters was raped by four soldiers in front of her
husband, children, brother and mother – the fifth soldier refused to rape her because she was bleeding. Two more
of his teenage daughters were raped by other soldiers. With family members and neighbours looking on, P23 was
also attacked and raped by three of the soldiers.

During the conflict, the CAR operation remained within the MLC hierarchy. Bemba had maintained regular and
direct contact with commanders in the field. He had received numerous detailed operations and intelligence
reports. In the DRC, the MLC (controlled by Bemba) provided logistical support and equipment to soldiers in the
CAR. Bemba also retained primary disciplinary authority over the MLC troops in the CAR. Despite these powers,
Bemba took no concrete action to prevent and repress the rape, pillaging and murder perpetrated by MLC soldiers.

On 24 May 2008, Bemba was arrested in Belgium. During his trial, 5,229 survivors were authorised to participate
in the proceedings. By January 2010, the ICC had received an abundance of evidence on the widespread act of
rape, pillaging and murder perpetrated by MLC soldiers – including testimony from P119 and P23

CHARGES

Murder charges were appended following Bemba's arrest and extradition by Belgium -

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In May 2008, the ICC issued an arrest warrant against Bemba, accusing him of rape as a crime against humanity,
and rape and pillaging as war crimes. Promptly, Belgian authorities arrested Bemba, who was in the country at
the time, and handed him over to the ICC. Subsequently, in June 2008, Pre-Trial Chamber II augmented the
charges to include murder, constituting both crimes against humanity and war crimes. Although the Chamber
granted Bemba temporary release in August 2009 pending trial commencement, the Appeals Chamber reversed
this decision in December 2009.

First ICC trial for Command Responsibility -

The First ICC trial involving command responsibility commenced on November 22, 2010, with Bemba being the
subject. The prosecution alleged that, as a military commander, Bemba either knew or should have known about
the crimes committed by combatants under his authority and failed to respond appropriately. Various pieces of
evidence were presented to support this claim, including Bemba's visits to the CAR during the MLC operation,
radio orders, speeches to his troops referencing war crimes, official reports detailing such crimes, and inadequate
training of MLC troops or utilization of available MLC tribunals, all indicating Bemba's effective command,
awareness of the crimes, and failure to take appropriate action.

VERDICT

“…the determination of whether a person has effective authority and control rests on that person’s material
power to prevent or repress the commission of crimes or to submit the matter to a competent authority. This
need not be an exclusive power and multiple superiors can be held concurrently responsible for their
subordinates’ actions.” (para. 698)

After thorough analysis, the ICC found Bemba guilty on five counts, particularly focusing on his involvement in
gender-based violence crimes. Specifically, the ICC held him accountable for:

• The crime against humanity of rape.

• The war crime of rape.

The ICC concluded that the rapes committed by MLC soldiers constituted both crimes against humanity and war
crimes, falling under the jurisdiction of the ICC. Upon accepting this determination, the ICC proceeded to
determine whether Bemba bore individual criminal responsibility for these violations. This involved assessing
whether:

a) Bemba effectively functioned as a military commander and exerted effective authority and control over
the MLC troops in the CAR.

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 b) Bemba was aware that MLC troops were engaged in, or about to engage in, crimes against humanity
(murder and rape) and war crimes (murder, rape, and pillaging) in the CAR.
c) Bemba failed to take all necessary and reasonable measures within his power to prevent or suppress the
commission of these crimes by MLC troops in the CAR.
d) Bemba's failure to fulfill his duties to prevent crimes increased the likelihood of their commission by MLC
troops in the CAR.

Initially, the ICC swiftly noted that Bemba held the positions of President of the MLC and Commander-in-Chief
of the ALC during the conflict. Acting in these roles, Bemba wielded a broad array of powers, indicative of his
status as a military commander with effective authority and control over the MLC troops in the CAR.

Moreover, Bemba possessed direct knowledge of the widespread rape committed by MLC soldiers, as
demonstrated by a speech in which he condemned the "brutalizing" of the civilian population in the areas of P119
and P23. He received case files containing detailed information on rape incidents attributed to the MLC and
received numerous reports alleging rape, murder, and pillaging by MLC soldiers. Although he initiated an inquiry
into soldiers' misconduct at one point, the results were minimal. These actions served as evidence of Bemba's
awareness that soldiers were widely engaging in rape against civilian populations.

No concrete actions were taken to address the information Bemba received. Instead, his responses were limited
to issuing general public warnings against mistreating civilians. The ICC specified measures Bemba could have
implemented to prevent and halt the violations, including:

a) Ensuring proper training of MLC troops in the rules of international humanitarian law and adequate
supervision during the 2002-2003 CAR Operation.
b) Initiating thorough investigations into crimes committed, ensuring fair trials and punishment for any
soldiers implicated.
c) Issuing clear orders to troop commanders in the CAR to prevent crimes.
d) Adjusting troop deployment to minimize interaction with civilian populations.
e) Removing, replacing, or dismissing officers and soldiers found guilty of or complicit in crimes in the
CAR.
f) Sharing pertinent information with CAR authorities or others and assisting in investigations into criminal
allegations.

Had Bemba implemented any of these measures, the risks faced by civilian populations would likely have been
mitigated or prevented altogether.

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Consequently, the ICC concluded that Bemba bore command responsibility for the war crimes and crimes against
humanity of rape, as his failure to exercise proper control directly contributed to these atrocities, beyond a
reasonable doubt.

On March 21, 2016, Trial Chamber III rendered a verdict, convicting Bemba of crimes against humanity and war
crimes. Judges concluded that the evidence unequivocally established the occurrence of murder, rape, and
pillaging, as defined by the Rome Statute, and that Bemba exercised effective authority and control over the MLC
perpetrators. Moreover, judges found that Bemba displayed disregard for international humanitarian law (IHL)
throughout his operational command and failed to address reports of IHL violations appropriately. This trial
marked the ICC's first conviction for command responsibility and its initial conviction for sexual and gender-
based crimes.

In their ruling, ICC judges acknowledged the indispensable role played by non-governmental organizations,
particularly the International Federation for Human Rights, in documenting MLC atrocities in CAR and
advocating for the prosecution of those accountable.

SENTENCING

On June 21, 2016, Bemba received an 18-year prison sentence. The breakdown per crime was as follows: 16 years
for each murder conviction, 18 years for each rape conviction, and 16 years for pillaging as a war crime. The
judges ruled that these sentences would run concurrently, resulting in the overall 18-year term, with the eight
years spent in custody since his arrest subtracted from that duration. During sentencing, the judges highlighted
the aggravated nature of the rapes, noting their particular cruelty and the vulnerability of the victims.

On June 8, 2018, the ICC Appeals Chamber, by majority decision, identified two significant errors by Trial
Chamber III. These included the wrongful conviction of Mr. Bemba for specific criminal acts beyond the scope
of the confirmed charges. Consequently, Bemba was acquitted of charges related to war crimes and crimes against
humanity.

CHALLENGES

The Bemba trial encountered difficulties linked to accusations of witness tampering perpetrated by Bemba’s
defense team, such as bribery and the presentation of falsified evidence. These allegations led to charges of
offenses against the administration of justice for Bemba and four accomplices: a defense witness, a Congolese

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parliamentarian, and two high-ranking members of Bemba’s defense team. For further details, explore the Bemba
II trial.

VICTIMS

Unprecedented Participation of Victims in ICC Trial -

A record-breaking 5,229 civilian victims, including five who testified as witnesses, were granted authorization to
engage in the Bemba proceedings, marking the highest number of participants in ICC history up to that juncture.
According to the Rome Statute, victims participating in ICC trials may be eligible for reparations should a guilty
verdict be reached.

Testimony on Sexual and Gender-Based Crimes -

The Bemba trial also featured a larger number of witnesses testifying to sexual violence than any previous ICC
case. Out of 40 prosecution witnesses, 14 provided testimony regarding sexual violence. Additionally, nine out
of 34 defense witnesses testified to their awareness of or direct observation of rape incidents. In 2004, the Office
of the Prosecutor (OTP) issued its policy outlining procedures for investigating and prosecuting sexual and
gender-based crimes.

PERSONAL OBSERVATION

Reflecting on the Bemba case, one cannot help but recognize its pivotal significance in the pursuit of justice for
victims of sexual violence in conflict. As only the fourth trial to reach the judgment stage at the International
Criminal Court (ICC), Bemba's conviction for war crimes, particularly the crime against humanity of rape, marks
a crucial milestone in the fight against impunity. It stands as a beacon of hope for survivors, signaling a tangible
step towards ending the cycle of violence and ensuring accountability for perpetrators.

The contrast with previous cases is stark. While Ngudjolo Chui and Germain Katanga were acquitted of sexual
violence charges, and Thomas Lubanga Dyilo was not even charged with such crimes, Bemba's conviction
underscores the ICC's commitment to holding individuals responsible for their actions, especially concerning
crimes of sexual violence. This precedent not only acknowledges the gravity of such offenses but also sends a
clear message that perpetrators will face consequences for their atrocities.

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Moreover, the Bemba case marked a watershed moment in the ICC's jurisprudence by addressing the issue of
command responsibility under Article 28 of the Rome Statute. By scrutinizing Bemba's actions and
responsibilities as a military commander, the ICC expanded the legal framework surrounding command
responsibility, outlining specific obligations for preventing and eliminating sexual violence in conflict settings.
This landmark decision serves as a stark reminder to military commanders worldwide that they bear individual
responsibility for the actions of their subordinates and will be held accountable for failing to fulfill their duty to
protect civilians.

In essence, the Bemba case epitomizes the ICC's role as a beacon of justice in combating impunity for the most
egregious crimes known to humanity. It underscores the imperative of prosecuting and condemning sexual
violence in conflict and sets a powerful precedent for future accountability efforts, providing hope for a future
where such atrocities are no longer tolerated nor overlooked.

CONCLUSION

In conclusion, the Jean-Pierre Bemba (Bemba 1) case represents a significant milestone in the pursuit of justice
for victims of sexual violence in conflict. Bemba's conviction for war crimes and crimes against humanity,
particularly the crime of rape, serves as a powerful testament to the International Criminal Court's commitment
to holding perpetrators accountable for their actions.

This landmark ruling not only underscores the gravity of sexual violence as a tool of warfare but also sends a
clear message that those who perpetrate such atrocities will face consequences. The case highlights the importance
of individual criminal responsibility, especially concerning command responsibility under Article 28 of the Rome
Statute. By outlining specific obligations for military commanders to prevent and eliminate sexual violence, the
ICC expands the legal framework for accountability in conflict settings.

Furthermore, the Bemba case sets an important precedent for future prosecutions, reaffirming the ICC's role as a
beacon of justice in combating impunity for the most egregious crimes against humanity. As survivors continue
to seek justice and healing, the Bemba case stands as a symbol of hope for a future where accountability prevails,
and the rights of victims are upheld and respected.

The Jean-Pierre Bemba (Bemba 1) case stands as a beacon of justice in the quest to end impunity for sexual
violence in conflict. Through its landmark ruling, the International Criminal Court reaffirms the fundamental
principle that no one is above the law, and those who commit grave atrocities will be held accountable. As we

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reflect on this pivotal moment in international justice, we are reminded of the imperative to continue striving
for a world where human rights are upheld, victims find solace in justice, and the promise of accountability
shines brightly on the horizon.

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