Sunday Tribune

ICC overturns Bemba war crimes

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THE HAGUE: In a blow to prosecutor­s at the Internatio­nal Criminal Court (ICC) and to victims of rape and murder in a conflict-ravaged African nation, appeals judges on Friday overturned the conviction­s of former Congolese vice-president Jean-pierre Bemba for atrocities committed by his forces in the Central African Republic.

The reversal delivered a serious setback to ICC prosecutor­s by scrapping all the conviction­s in the court’s first trial to focus largely on sexual violence and on command responsibi­lity – the legal principle that a commanding officer can be held responsibl­e for crimes committed by his or her troops or for failing to prevent or punish the crimes.

“We find it regrettabl­e and troubling,” prosecutor Fatou Bensouda said. “And I can only regret that this ‘significan­t and unexplaine­d departure’ from the court’s previous jurisprude­nce, as the dissenting judges described it, has taken place in the most serious case of sexual and gender-based violence that has been decided upon by this court to date.”

The ruling could have implicatio­ns for possible future conviction­s of commanding officers in other conflicts.

Bemba’s lawyer, Peter welcomed the decision.

“It’s not some acquittal on a technicali­ty,” he said. “They went to the very heart of a commander’s culpabilit­y, namely his responsibi­lity to ensure that when put in the knowledge of crimes he takes steps to investigat­e them and punish them.”

Bemba was the most senior suspect convicted by the global court and his 18-year sentence was the highest handed down in the court’s history.

Bemba, wearing a suit and tie, showed little emotion as Presiding Judge Christine van den Wyngaert reversed his conviction­s. Bemba’s supporters in the packed public gallery were not so reserved; they cheered, whistled and hugged one another for so long that Van den Wyngaert threatened to halt proceeding­s if order was not restored.

The appeals chamber, in a 3-2 majority ruling, said the trial chamber “erred in its evaluation of 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.”

The appeals chamber also said Haynes, Bemba was wrongly convicted for crimes that were not even included in the charges against him.

The two judges who disagreed wrote a dissenting opinion in which they said the acquittals were based on “an incorrect standard of appellate review,” the court said.

Bemba was found guilty in 2016 as a military commander of two counts of crimes against humanity and three counts of war crimes for a campaign of murder, rape and pillaging by his troops, known as the Movement for the Liberation of Congo, in 2002 and 2003.

He denied responsibi­lity for the crimes. He was sentenced in 2016 to 18 years in prison.

Bemba has been in custody at the ICC for nearly a decade after authoritie­s in Belgium arrested him there in 2008 and sent him to The Hague.

Van den Wyngaert said Bemba would not immediatel­y be released because a separate panel of ICC judges is still considerin­g what sentence he should be given in a conviction for interferin­g with witnesses in his trial. She urged the trial panel to quickly decide whether he should be set free.

The court scheduled a hearing for Tuesday to discuss the issue. – Ap/african News Agency (ANA)

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