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Congolese Politician, Jean-Pierre Bemba, Is Convicted of War Crimes Congolese Politician, Jean-Pierre Bemba, Is Convicted of War Crimes
(about 1 hour later)
PARIS — The International Criminal Court convicted a Congolese politician, Jean-Pierre Bemba, of war crimes and crimes against humanity on Monday, finding him culpable for a devastating campaign of rape, murder and torture in the Central African Republic in 2002 and 2003.PARIS — The International Criminal Court convicted a Congolese politician, Jean-Pierre Bemba, of war crimes and crimes against humanity on Monday, finding him culpable for a devastating campaign of rape, murder and torture in the Central African Republic in 2002 and 2003.
A panel of three judges convicted Mr. Bemba of murder and pillaging, and defined the large-scale rape by his soldiers as a crime against humanity and as a war crime.A panel of three judges convicted Mr. Bemba of murder and pillaging, and defined the large-scale rape by his soldiers as a crime against humanity and as a war crime.
Other international courts, including the United Nations tribunals for war crimes in the former Yugoslavia and in Rwanda, have issued convictions for rape as a war crime and a crime against humanity — but Monday was the first time the International Criminal Court, in The Hague, had done so.Other international courts, including the United Nations tribunals for war crimes in the former Yugoslavia and in Rwanda, have issued convictions for rape as a war crime and a crime against humanity — but Monday was the first time the International Criminal Court, in The Hague, had done so.
Largely because of pressure from human rights advocates and women’s groups, organized or mass rape is increasingly being recognized and prosecuted as a weapon of war, not as a byproduct of it.Largely because of pressure from human rights advocates and women’s groups, organized or mass rape is increasingly being recognized and prosecuted as a weapon of war, not as a byproduct of it.
The conviction of Mr. Bemba — who was far from the battleground while his militia committed its crimes — was noteworthy in a second respect: It was the first time the court had applied the principle of command or superior responsibility. The judges found that Mr. Bemba was culpable for having “failed to prevent” the crimes committed by his subordinates, and for doing nothing to punish the offenses.The conviction of Mr. Bemba — who was far from the battleground while his militia committed its crimes — was noteworthy in a second respect: It was the first time the court had applied the principle of command or superior responsibility. The judges found that Mr. Bemba was culpable for having “failed to prevent” the crimes committed by his subordinates, and for doing nothing to punish the offenses.
The judges on the panel were all women. The presiding judge, Sylvia Steiner of Brazil, read a summary of the verdict, noting crimes like the gang rape of women and girls as young as 10. Some were assaulted in the presence of family members and other children, she said. The judges on the panel were all women. The presiding judge, Sylvia Steiner of Brazil, read a summary of the verdict, noting crimes like the gang rape of women and girls as young as 10. Mr. Bemba’s case was taken up by the International Criminal Court at the request of the government of the Central African Republic.
Mr. Bemba’s case was taken up by the International Criminal Court at the request of the government of the Central African Republic, where the justice system lacks the ability to prosecute him. The country does not have a witness protection program that could shield rape victims and help ensure their cooperation.
Advocacy groups applauded the conviction for its focus on large-scale rape, among them Physicians for Human Rights. “The stigma and shame of this crime is moving where it belongs: to the perpetrator rather than the victim,” the group said in a statement.Advocacy groups applauded the conviction for its focus on large-scale rape, among them Physicians for Human Rights. “The stigma and shame of this crime is moving where it belongs: to the perpetrator rather than the victim,” the group said in a statement.
Géraldine Mattioli-Zeltner, international justice advocacy director at Human Rights Watch, said the verdict offered “a stark reminder to commanders — military and civilian — that they are responsible for preventing and halting any attacks by their forces on civilians and for punishing violators.” Mr. Bemba is only the third person — but the most senior — to be found guilty in the history of the court. A millionaire businessman from a prominent family, Mr. Bemba was vice president before going into exile after losing a 2006 election. His arrest in 2008, during a visit to Belgium, was a shock in Congo. Many Congolese had regarded him as untouchable. He without success to claim diplomatic immunity.
She said the case also highlighted the use of rape as a weapon of war, and she called for additional prosecutions of war crimes perpetrators in the Central African Republic and the Democratic Republic of Congo. The case was notable for its focus on rape, which, along with pillaging, was a main component of the militia’s strategy. The judges found that fighters had raped not only women and girls in front of their families, but also men and elders to publicly debase them. 
Mr. Bemba is only the third person — but the most senior — to be found guilty in the history of the court. A millionaire businessman from a prominent family, Mr. Bemba was vice president before going into exile after losing a 2006 election. His arrest in 2008, during a visit to Belgium, was a shock in Congo. Many Congolese had regarded him as untouchable. Mr. Bemba tried to claim diplomatic immunity. The judges said the evidence showed that the fighters had looted and raped to compensate themselves for “inadequate payment and rations” and to “punish suspected rebels or their sympathizers” or people who resisted their  pillaging and rapes.
Prosecutors say Mr. Bemba sent 1,500 members of his Congolese militia into the neighboring Central African Republic, in late 2002 and early 2003, to help put down a military coup there.
Defense lawyers argued that Mr. Bemba had no authority over the militia, and that it followed the army of the Central African Republic once it left Congo.