Factual Allegations

This case arises from the Accused’s actions in connection with the case of The Prosecutor v. Jean-Pierre Bemba Gombo, in which Jean-Pierre Bemba Gombo was charged, tried, and convicted of crimes against humanity (murder, rape) and war crimes (murder, rape, and pillaging) at the ICC. 

The ICC Office of the Prosecutor (OTP) alleges that Jean-Pierre Bemba Gombo was the head of a scheme to transfer financial compensation to defense witnesses in exchange for false testimony and false or forged documents* favorable to the defense of Mr. Bemba in the case of The Prosecutor v. Jean-Pierre Bemba Gombo. (*Pre-Trial Chamber II declined to confirm the charge of false or forged documents.)

From 2011 to November 14, 2013, Mr. Bemba, as alleged by the OTP, made available financial resources and issued instructions to lead defense counsel Aimé Kilolo Musamba, defense case manager Jean-Jacques Mangenda Kabongo, his former primary political advisor Fidèle Babala Wandu, and defense witness Narcisse Arid with regard to contacting and scheduling defense witnesses, coaching of false statements to be made by defense witnesses, and the amounts of money to be given to defense witnesses.   

Please visit the Court’s website for more information on The Prosecutor v. Bemba et al.

Charges

The Accused is charged with committing the crimes listed below as an individual, jointly with another or through another person, under Article 25(3)(a) of the Rome Statute, and with ordering, soliciting, or inducing the commission of these crimes under Article 25(3)(b).

Under these two modes of criminal liability, the Accused is charged with the following crimes:

Giving False Testimony in Court (Offense against the Administration of Justice): Article 70(1)(a)

Presenting False Evidence (Offense against the Administration of Justice): Article 70(1)(b)

Corruptly Influencing Witnesses (Offense against the Administration of Justice): Article 70(1)(c)

Factual Allegations

The ICC Office of the Prosecutor (OTP) alleges that Jean-Pierre Bemba Gombo was the President of the Mouvement de Libération du Congo (MLC) and Commander-in-Chief of the MLC’s military branch Armée de Libération du Congo (MLC/ALC); Mr. Bemba formed and led the MLC in a rebellion against the government of the Democratic Republic of the Congo (DRC). The OTP alleges that, in the struggle for control of the Central African Republic (CAR) between President Ange‐Félix Patassé and former Chief of Staff of the Armed Forces General François Bozizé, Mr. Bemba and President Patassé made an agreement that MLC forces would support CAR government forces in exchange for the CAR government not supporting 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 Bozizé’s rebel forces and civilians in various areas of the CAR; to murder civilians; to commit rape and inflict sexual violence against men, women, and children as a method of terrorizing and subjugating the local populace; and to pillage and destroy property. 

Please visit the Court’s website for more information on The Prosecutor v. Bemba.

Charges

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 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(2)(c)(i)

Rape (War Crime): Article 8(2)(e)(vi)

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