Human Rights Development Faced A Setback As International Criminal Court Overrule Jean-Pierre Bemba’s War Crimes Conviction

On June 8, the International Criminal Court (ICC) reversed the war conviction of Former Vice President of the Democratic Republic of Congo, Jean-Pierre Bemba, on an appeal that includes alleged murder and rape cases.  The ICC judges’ ruling overturns a historic 18-year prison sentence handed down after a five-year trial in June 2016. According to one of the presiding judges, Christine Van den Wijngaert, the 2016 case judges failed to analyze Bemba’s role as the commanding officer, in relation to the war crimes committed by his troops in Central Africa Republic (CAR). The new ruling was met with cheers from Bemba’s political allies and supporters, while dismaying for those seeking justice and truth.

The ICC’s chief prosecutor, Fatou Bersouda,  labelled the ruling as “regrettable and troubling.”  Amnesty International described the ruling as a “huge blow” for the victims of the terrifying act of sexual violence and murder. Amnesty International’s Head of International Justice, Solomon Sacco, expressed to the BBC his disappointment with the ruling that seems to deny justice to the over 5,000 survivors taking part in the proceeding against Bemba, stating that, “for these brave individuals, as well as thousands of other victims in CAR, the pursuit of truth, justice and reparations will continue.”

In the original ruling, as stated in ICC’s website, the court considered the evidence against Bemba enough for a conviction. The ruling stated that during an armed-conflict confrontation between then-president of CAR, Ange-Felix Patasse’s armed forces and allies, and the rival Mouvement de Liberation du Congo (MLC), led by Bemba and other rebel groups, the MLC committed crimes against humanity. Those crimes included rape, murder, and pillaging. Therefore, the court believed that Bemba knew the gruesome acts his troops committed and did not exercise his authority to stop it. Hence, the judges of the 2016 case delivered a guilty verdict that came with 18 years in prison.

Bemba’s original conviction offered a small path towards human rights norms in the DRC and a just interpretation of international law. However, ICC’s latest ruling pushes back these developments in global justice and international order. The 2016 case conviction was significant for two reasons. Firstly, it was the first time that rape cases were examined and recognized as a weapon of war. Therefore, this gave men and women around the world a hope that some measure of justice and accountability for sexual violence can be achieved, even though a lengthy process. Secondly, the court’s original choice to convict Bemba for his role as commanding officer set an example for other military and civilian leaders, for which the interpretation of ‘command responsibility’ broaden. As a result of the recent reversal, the effects of the earlier verdict will play less of an important role in other international war crime cases.

Ultimately, the decision of the ICC will be meet with satisfaction from various African leaders who had accused the international institution as an extension of colonial powers targeting the African continent. However, the ruling will set back the progress made on advancing punishment for sexual violence and gender-oriented cruelty, which the international community has failed to recognize the role of such crimes in both legal perspective and human rights norms. The ICC’s verdict may not have found Bemba criminally responsible, but it does not mean that such inhumane crimes did not occur. In other words, ICC prosecutors must find alternative ways to triumphantly prosecute other human rights violators while the global community should commit to pursuing different methods of bringing justice for the victims of these events.

Jan Noya

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