The ICC’s sentencing of Jean-Pierre Bemba
From warlord to war criminal
In a world where human rights abuses occur on a daily basis, holding the perpetrators of the most serious of crimes individually responsible can often appear unachievable. Appearances can be deceiving, however.
The International Criminal Court on 21 June sentenced former Vice-President of the Democratic Republic of Congo (DRC) Jean-Pierre Bemba to 18 years imprisonment for war crimes and crimes against humanity committed by those under his command. From October 2002 to March 2003, Mr Bemba exercised ‘effective authority’ over Mouvement de Libération du Congo (MLC) troops who committed atrocities in the Central African Republic following their suppression of a coup in the nation. The landmark verdict holds Mr Bemba culpable for failing to prevent or address his troops’ use of mass murder, rape and pillaging during the conflict, despite his knowledge that such acts were being committed. This represents the first case in which the ICC has convicted an individual on the basis of “command responsibility”, establishing that figures in authority who allow those under their direction to violate the basic dignity of others will not be allowed to simply absolve themselves of guilt. The judgement is also significant in underscoring the gravity of the use of rape as a weapon of war, characterizing it for the first time as a war crime in itself.
While Mr Bemba will move to appeal, his successful conviction reflects the potential of the ICC to effectively dispense international criminal justice when nations work in support of its institutional framework. Indeed, the case was only opened due to the CAR’s ratification of the ICC’s founding Rome Statute treaty in 2001, and its request for an investigation in 2004. Moreover, Mr Bemba’s appearance at trial was only secured after his 2008 arrest in Belgium, which was followed by a Belgian court ruling in favor of his transfer to the ICC. This outcome starkly contrasted the failure of South Africa to arrest Sudanese President Omar al-Bashir in 2015 while he attended an international summit, who has also been indicted by the Court.
It is deeply concerning that instead of seeking to build upon its successes, nations continue to undercut the ICC’s work. The African Union has supported proposals calling for its member states to leave the Court, objecting to a perceived bias against African countries. On this issue, although it is true that nine of the ten situations under investigation by the Court involve African nations, five of these have been referred to the ICC by African governments themselves, and another two by the United Nations Security Council. Moreover, preliminary examinations have been opened in a range of other nations, from Colombia to Ukraine. Major global powers such as the United States, Russia and China have also yet to sign on to the Rome Statute.
The international community as a whole must understand that undermining the ICC only serves to deprive the victims of heinous abuses the opportunity to obtain justice, merely abetting those who continue to act with a disregard for human life and liberty. It is unconscionable that those who commit the world’s worst crimes can enjoy impunity lacked by a petty thief. The challenge of rectifying this injustice is great, but Mr Bemba’s conviction reminds us that it is by no means insurmountable.
Justice will be served, but only if we fight for it.
Jefferi HS
