This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at https://www.theguardian.com/global-development/2018/jun/08/former-congo-leader-jean-pierre-bemba-wins-war-crimes-appeal-international-criminal-court
The article has changed 6 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| Jean-Pierre Bemba's war crimes conviction overturned | Jean-Pierre Bemba's war crimes conviction overturned |
| (35 minutes later) | |
| The former Congolese vice-president, Jean-Pierre Bemba, has had his convictions for war crimes and crimes against humanity overturned. | The former Congolese vice-president, Jean-Pierre Bemba, has had his convictions for war crimes and crimes against humanity overturned. |
| The appeals chamber of the international criminal court in the Hague decided by a majority on Friday to acquit the former politician following an earlier hearing. | The appeals chamber of the international criminal court in the Hague decided by a majority on Friday to acquit the former politician following an earlier hearing. |
| The 55-year-old warlord commanded a militia that committed mass murder, rape and pillage in neighbouring Central African Republic, the court ruled at the end of his original trial in 2016. | The 55-year-old warlord commanded a militia that committed mass murder, rape and pillage in neighbouring Central African Republic, the court ruled at the end of his original trial in 2016. |
| The verdicts were considered a legal landmark, since it was the first time the ICC had convicted a defendant of rape or “command responsibility for the actions of troops”. According to a legal principle established by other UN tribunals, a commander can be found responsible for failing to take action to stop crimes he knows are being committed by subordinates. | The verdicts were considered a legal landmark, since it was the first time the ICC had convicted a defendant of rape or “command responsibility for the actions of troops”. According to a legal principle established by other UN tribunals, a commander can be found responsible for failing to take action to stop crimes he knows are being committed by subordinates. |
| There were cheers from Bemba’s supporters in the gallery when the appeal decision was announced by the five-judge panel, headed by judge Christine Van den Wyngaert. | There were cheers from Bemba’s supporters in the gallery when the appeal decision was announced by the five-judge panel, headed by judge Christine Van den Wyngaert. |
| Bemba had been found guilty of two counts of crimes against humanity (murder and rape) and three counts of war crimes (murder, rape, and pillaging) committed in CAR between October 2002 and March 2003. His troops had entered the country to prop up the president, Ange-Félix Patassé, who was eventually ousted. | Bemba had been found guilty of two counts of crimes against humanity (murder and rape) and three counts of war crimes (murder, rape, and pillaging) committed in CAR between October 2002 and March 2003. His troops had entered the country to prop up the president, Ange-Félix Patassé, who was eventually ousted. |
| He was subsequently sentenced to 18 years in prison. His appeal was against both the sentence and the verdicts. | He was subsequently sentenced to 18 years in prison. His appeal was against both the sentence and the verdicts. |
| Bemba, who fled the Democratic Republic of the Congo after losing a presidential poll, was arrested in Belgium in 2008 and transferred to the ICC’s detention centre in The Hague. His trial started in November 2010 and lasted four years. It heard from 77 witnesses. | Bemba, who fled the Democratic Republic of the Congo after losing a presidential poll, was arrested in Belgium in 2008 and transferred to the ICC’s detention centre in The Hague. His trial started in November 2010 and lasted four years. It heard from 77 witnesses. |
| His defence lawyers insisted he had no control over his 1,500 troops. “There is not a single documentary piece of evidence that shows any orders passing from Bemba and going to his troops in Central African Republic,” his lawyer Kate Gibson said in her closing argument at the original trial. | His defence lawyers insisted he had no control over his 1,500 troops. “There is not a single documentary piece of evidence that shows any orders passing from Bemba and going to his troops in Central African Republic,” his lawyer Kate Gibson said in her closing argument at the original trial. |
| Bemba will remain in custody on account of another case in which he was convicted of offences against the administration of justice, the ICC said in a statement. | Bemba will remain in custody on account of another case in which he was convicted of offences against the administration of justice, the ICC said in a statement. |
| In a majority opinion supported by three of the five judges, the ICC appeals chamber said the trial court had “erroneously convicted Bemba for specific criminal acts that were outside the scope of the charges as confirmed”The court added: “The trial chamber erred in its evaluation of Bemba’s motivation and the measures that he could have taken in light of the limitations he faced in investigating and prosecuting crimes as a remote commander sending troops to a foreign country.”Two of the five judges, Sanji Mmasenono Monageng and Piotr Hofmański, issued a dissenting judgment upholding the convictions.The ruling will be considered carefully by other UN war crimes tribunals which have faced similar disputes over legal definitions of the command responsibilities held by generals and senior politicians in charge of troops who commit mass rapes, murders and other offences. | |
| Conflict and development | Conflict and development |
| Democratic Republic of the Congo | Democratic Republic of the Congo |
| Africa | Africa |
| news | news |
| Share on Facebook | Share on Facebook |
| Share on Twitter | Share on Twitter |
| Share via Email | Share via Email |
| Share on LinkedIn | Share on LinkedIn |
| Share on Pinterest | Share on Pinterest |
| Share on Google+ | Share on Google+ |
| Share on WhatsApp | Share on WhatsApp |
| Share on Messenger | Share on Messenger |
| Reuse this content | Reuse this content |