By Tyler Campbell
Impunity Watch Reporter, Africa
BRAZZAVILLE, Congo – On March 21st the International Criminal Court (ICC) declared Jean-Pierre Bemba, the ex-vice president of the Democratic Republic of Congo, guilty of all five charges brought against him. Bemba was being charged for his leadership role with the MLC militia, which committed atrocities in the Central African Republic’s civil war. This is only the third conviction ever reached by the ICC but it comes with multiple landmarks for the court.
Bemba was convicted of two counts of crimes against humanity, murder and rape, and three counts of war crimes, murder, rape, and pillaging. This is the first time that the ICC has landed a conviction for rape as a war crime. This conviction by the ICC shows the continued change of how rape is viewed in the context of war. Instead of being written off as an inevitable byproduct of war it is now seen as weapon of war that must receive consequences when used.
The ex-vice president is also the highest-ranking official to ever be convicted by the court. Conviction of a high-ranking official, who was not present or near the ground fighting, shows acceptance of a different line of legal reasoning from the court. The all women three-judge panel stated Bemba was guilty by failing to properly exercise the control he had over the troops. This line of reasoning could now be taken to hold military commanders and high up government officials for, not only what they do, but also when they have failed to responsibly exercise the control their office gives them. The judges summed up this line of culpability when they said they were finding him guilty for what he had “failed to prevent.”
Now that the court has accepted that superiors can be held accountable for the actions of those below them we could see more convictions come from the ICC. Although, we should be cautious of expecting any large changes too quickly. The next step in Bemba’s case will be sentencing after the court has heard from the two parties and the legal representatives of the victims.
For More Information Please See:
BBC – Jean-Pierre Bemba: DR Congo ex-warlord guilty of war crimes – 21 March 2016
NBC News – Jean-Pierre Bemba Convicted at ICC of War Crimes, Crimes Against Humanity – 21 March 2016
