Cases
The Prosecutor v. Bemba et al.
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Allegations & Charges
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)
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Key Events
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Pre-Trial Chamber II issued a sealed arrest warrant for Bemba on November 20, 2013, which was unsealed on November 28, 2013. Charges were confirmed against him on November 11, 2014. His trial opened on September 29, 2015.
- Arrest Warrant Issued : November 20, 2013
- Initial appearance : November 27, 2013
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Decision on the confirmation of charges
Confirmation of Charges : November 11, 2014
Press release - Start of Trial : September 29, 2015
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Jean-Pierre Bemba Gombo was sentenced to one year imprisonment and EUR 300,000 fine. The imprisonment sentence will be served after the other sentence in the main case, The Prosecutor v. Bemba.
Sentencing : March 22, 2017
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The Prosecutor v. Bemba
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Allegations & Charges
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)
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Key Events
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Pre-Trial Chamber III issued a sealed arrest warrant against Jean-Pierre Bemba Gombo on May 23, 2008, which was unsealed on May 24, 2008. Mr. Bemba was arrested by Belgian authorities on May 24, 2008; however, upon the OTP’s application and submission of new evidence, Pre-Trial Chamber III decided to issue a new arrest warrant (which alleged murder, rape, pillaging, and torture) on June 10, 2008, which replaced the May 23 arrest warrant (which alleged rape, pillaging, and torture). Mr. Bemba was transferred to ICC custody on July 3, 2008 and made his initial appearance before Pre-Trial Chamber III on July 4, 2008.
Pre-Trial Chamber II* confirmed the charges against Mr. Bemba on June 15, 2009. (*In March 2009, the ICC merged Pre-Trial Chamber III with Pre-Trial Chamber II and assigned the CAR situation to Pre-Trial Chamber II.)
On March 21, 2016, Trial Chamber III issued a verdict which found Mr. Bemba guilty of: murder (crime against humanity, war crime), rape (crime against humanity, war crime), and pillaging (war crime).
On June 21, 2016, Trial Chamber III ordered Mr. Bemba to serve concurrent sentences, with a deduction of time already spent in detention, of: 16 years of imprisonment for murder as a war crime; 16 years of imprisonment for murder as a crime against humanity; 18 years of imprisonment for rape as a war crime; 18 years of imprisonment for rape as a crime against humanity; and 16 years of imprisonment for pillaging as a war crime.
On June 8, 2018, the Appeals Chamber acquitted (by majority) Mr. Bemba of responsibility for war crimes and crimes against humanity. The majority found that Mr. Bemba had been improperly convicted of several criminal acts outside the “facts and circumstances described in the charges,” and that the Trial Chamber erred in its “assessment of whether Mr. Bemba failed to take all necessary and reasonable measures” to prevent or repress crimes by troops over which he had command responsibility.Mr. Bemba’s conviction for offenses against the administration of justice in the Bemba et al. case remains. Mr. Bemba was released from ICC custody in June 2018.
- Arrest Warrant Issued : May 23, 2008
- Arrest Warrant Replaced : June 10, 2008
- Initial Appearance : July 4, 2008
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Decision on the confirmation of charges
Confirmation of Charges : June 15, 2009
Press release - Start of Trial : November 22, 2010
- End of Trial : November 13, 2014
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Verdict against Bemba
Summary of the verdict against Bemba
Trial Judgment : March 21, 2016
Press release -
Sentence against Bemba
Summary of the sentence against Bemba
Sentencing : June 21, 2016
Press release -
Acquittal on appeal of Bemba
Summary of appeal judgment
Acquitted : June 8, 2018
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