War Crimes Crime and Punishment African Proverbs
The Central African Republic War Crimes Trial of Jean-Pierre Bemba Gombo
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Jean-Pierre Bemba Gombo in court |
Transfer to The
Hague July 3, 2008. The trial began on November 22, 2010. The International Criminal
Court (ICC) on June 21, 2016, sentenced former Congolese vice-president, 58-year-old
Jean-Pierre Bemba Gombo to 18 years in prison and he was criminally responsible
pursuant to Article 28(a) of the ICC Rome Statute for the crimes against
humanity.
The crimes were murder, rape, and the war crimes of murder, rape and
pillaging committed by the MLC troops in the Central African Republic from on
or about October 26, 2002, to March 15, 2003.
His arrest warrant was
issued on June 10, 2008. As a military commander, he was held responsible for two
counts of crimes against humanity, murder and rape, and three counts of war crimes,
murder, and rape and pillaging. Jean-Pierre Bemba Gombo was the President and
Commander-in-Chief of the Mouvement de Libération du Congo (MLC). He
effectively acted as a military commander and had effective authority and
control over the MLC troops.
The attack against
the civilian population, in particular, in Bangui, Boy-Rabé, Point Kilomètre, Point
Kilomètre 22 and Mongoumba, was carried out on a large scale and targeted a
significant number of civilian victims. It was alleged he knew that MLC troops
were committing crimes and did not take all necessary and reasonable measures
within his power to prevent or repress their commission.
Trial Chamber III Presiding
Judge Sylvia Steiner read a summary of the decision. Ms. Steiner indicated that
the Chamber found the crimes of murder, rape, and pillaging to be of serious
gravity. Also, two aggravating circumstances applied to the crime of rape: it
was committed against particularly defenseless victims, and with particular
cruelty. The crime of pillaging, which the majority of the Chamber considered
to be the particular cruelty with which the crime was committed.
The ICC said in a
statement, “In light of his conviction, Mr. Bemba was sentenced to the following
terms of imprisonment: 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.
The Prosecutor
undertook a detailed analysis of the information received from the Government
of the Central African Republic, and also requested and obtained additional
information from various sources. After reviewing the information received, the
Prosecutor found that the conditions required by the Rome Statute for launching
an investigation was satisfied.
The sentences
imposed would run concurrently. The entire time Mr. Bemba has spent in
detention in accordance with an order of the ICC, since 24 May 2008, will be
deducted from his sentence. The ICC Trial Chamber III is composed of Ms.
Steiner of Brazil, Judge Joyce Aluoch of Kenya and Judge Kuniko Ozaki of Japan.
On June 8, 2018, the
Appeals Chamber of the International Criminal Court decided by majority to
acquit Jean-Pierre Bemba Gombo from the charges of war crimes and crimes
against humanity. Appeals Chamber found errors that affected the decision of
Trial Chamber III convicting Bemba Gombo. The Chamber considered it was
appropriate to reverse his conviction and enter an acquittal.
The Appeals Chamber
concluded, by a majority, that Trial Chamber III had erroneously convicted Bemba
Gombo for specific criminal acts that were outside the scope of the case and
that the proceedings in relation to these acts must be discontinued.
The Appeals Chamber also
found that Bemba Gombo cannot be held criminally liable under Article 28 of the
ICC Rome Statute for the remaining crimes committed by MLC troops during the
Central African Republic operation and that he must be acquitted thereof
because the Trial Chamber had made serious errors in its finding that Bemba
Gombo had failed to take all necessary and reasonable measures to prevent or
repress the crimes of the MLC troops.
On September 17, 2018,
Trial Chamber VII sentenced Bemba Gombo to one-year imprisonment and fined him $337,215.00
or EUR 300,000 for offenses against the administration of justice. The time
spent in detention was deducted and, accordingly, the sentence of imprisonment
is considered as served.
The Presiding Judge,
Christine Van den Wyngaert of Belgium, Judge
Chile Eboe-Osuji of Nigeria, Judge Sanji Monageng of Botswana, Judge Howard
Morrison of United Kingdom of Great Britain and Northern Ireland and Judge
Piotr Hofmański of Poland. The Office of the Prosecutor; Fatou Bensouda,
Prosecutor, James Stewart, Deputy Prosecutor and Helen Brady, Senior Trial
Lawyer. The Defense Counsel Peter Haynes, Lead Counsel, Kate Gibson, Associate Counsel and Kai
Ambos, Associate Counsel. Legal Representatives of the Victims, Marie Edith
Douzima-Lawson.
To date, no compensation has been given to the victims or the
victims of families.
Injustice, war crimes, crime, and punishment are a few of the massive human rights issues affecting billions of people around the world. When governments, companies and private industries are able to make a profit off crime, is justice actually blind?
Crime and Punishment African Proverbs
Crime eats its own children.
Death is nothing and pain is nothing, but
cowardice is crime and disgrace, the greatest punishment.
Like rotten mangoes, crime leaves a foul smell.
Crime and Punishment African Proverbs
Did you know?
The International
Court of Justice, which has its seat in The Hague, is the principal judicial
organ of the United Nations. The Hague is a city on the western coast of the
Netherlands and the capital of the province of South Holland.
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