The International Criminal Court Appeals Chamber acquitted Jean-Pierre Bemba Gombo Friday from charges of war crimes & crimes against humanity. The former Congolese war lord was found guilty in 2016 of crimes committed in the neighbouring Central African Republic (CAR) in 2002-2003. Bemba, accused of failing to stop his rebels from killing and raping people, was given an 18-year prison sentence. The ICC announced Friday that its Appeals Chamber “decided by majority” to acquit Bemba. The ICC Appeals Chamber ruled that the judges in the 2016 case had failed to take into account Bemba’s attempts to stop the crimes once he was made aware they were taking place.
Credit: ICC / Appeals Chamber of the International Criminal Court June 8, 2018 in The Hague Netherlands.
The Appeals Chamber found that Trial Chamber III had erred on two important issues:
1) It had erroneously convicted Mr. Bemba for specific criminal acts that were outside the scope of the charges as confirmed.
2) In its assessment of whether Mr. Bemba took all necessary and reasonable measures to prevent, repress or punish the commission by his subordinates of the other crimes within the scope of the case, the Trial Chamber made serious errors. More specifically, the Trial Chamber erred in its evaluation of Mr Bemba’s motivation and the measures that he could have taken in light of the limitations he faced in investigating and prosecuting crimes as a remote commander sending troops to a foreign country; in whether he made efforts to refer the allegations of crimes to the CAR’s authorities; and in whether he intentionally limited the mandate of commissions and inquiries that he established. Furthermore, in the view of the Appeals Chamber majority, there was an apparent discrepancy between the limited number of crimes within the case’s scope for which Mr Bemba was held responsible and the Trial Chamber’s assessment of which measures Mr Bemba should have taken.
Bemba To Remain in Detention Due to Another Case in which He has been Convicted
Bemba was a political leader of the Democratic Republic of Congo who was involved in a violent power struggle.
According to the ICC, Bemba, 55, dispatched his militia, the Congolese Liberation Movement, which he formed into a political organisation, into the CAR in 2002 to quash a coup against the then president, Ange-Felix Patasse.
Bemba will remain in detention on account of another case in which he has been convicted of offences against the administration of justice, pending a decision of Trial Chamber VII in that case. He was sentenced to one year in jail for bribing witnesses and fined €300,000 (£264,000) during his main war crimes trial.
Some defenders of Bemba took to social media to accuse the ICC of being out to get African leaders:
“This is a clear indication that ICC is really a western toll to oppress Africa,” one person wrote.
“ Isn’t this just politics? I’m not sure if this is a good or bad news for Congolese people. But It’s surely another way to tell that this ICC is not here to do justice. There must have been an agenda for locking up Bemba and there must be another agenda for acquitting him,” another reacted to the ICC’s acquittal.
“I am glad the Appeals Chamber has discovered the bitter truth; Bemba was put on the chopping board because he stopped serving the interests of some powerful Western politicians who are involved in the bloody business in DRC, CAR and Rwanda,” other reaction.
DR Congo engulfed in a crisis since President Kabila refused to step down
Credit: Getty Images Lionel Healing / Bemba had unsuccessfully opposed current DRC President Joseph Kabila (Left) in elections in 2006.
A year after losing the election, Bemba claimed he was exiled from the DRC. In 2008, he was arrested near Brussels on the basis of an arrest warrant issued by the ICC and charged with three counts of crimes against humanity and five counts of war crimes.
The DRC has been engulfed in a crisis since Kabila refused to step down at the end of his constitutionally mandated two terms in office on December 19, 2016. Elections, originally scheduled for November 2016, were cancelled after the election commission cited logistical and financial hurdles. Kabila formed a transitional government and promised elections would be held in 2018. But many are skeptical elections will take place this year. The ICC acquittal of Bemba sets up a scenario for his potential release later this year, and his return to the DRC, where he is still popular and garners strong support. Stay tuned!
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