Central African Republic

The situation in Central African Republic (CAR) was the third referral to be submitted to the Prosecutor by a State Party, following referrals from Uganda and the Democratic Republic of the Congo. The CAR Government referred the situation to the International Criminal Court (ICC) on 22 December 2004 and the Prosecution�s investigations were opened on 22 May 2007. The first person who will face trial in the Court's investigation in CAR crimes is former DRC Vice-President Jean-Pierre Bemba Gombo. His trial, which was set to start on 14 July 2010, was postponed due to a pending appeal in the case.

Opening of the investigation
On 7 January 2005, the Prosecutor received a letter from the CAR government referring the �situation of crimes within the jurisdiction of the Court committed anywhere on the territory of the Central African Republic since 1 July 2002�� In response to this letter, the Prosecutor announced that he was carrying out an analysis in order to determine whether to initiate an investigation.

In a decision of 11 April 2006, the Cour de Cassation (highest criminal court) of the CAR partly rejected an appeal against a decision of the Bangui Court of Appeal of 16 December 2004, which held that only the ICC was able to try the serious crimes committed in the CAR since 1 July 2002. The Cour de Cassation held that CAR justice system was unable to carry out effective investigations and prosecutions. The Office of the Prosecutor of the ICC had previously stated that it was waiting for the decision of the Cour de Cassation to decide whether to open an investigation in CAR, on the basis of the complementarity principle contained in the Statute of Rome.

On 22 May 2007, ICC Prosecutor Luis Moreno-Ocampo announced the opening of the investigation into grave crimes allegedly committed in the CAR, with the peak of violence occurring in 2002 and 2003. The prosecutor�s announcement pointed to a focus on sexual violence, referring to hundreds of victims telling of rapes and other abuses committed �with particular cruelty.� He also explained that was the first time he was �opening an investigation in which allegations of sexual crimes far outnumber alleged killings.�

Bemba case
Jean-Pierre Bemba Gombo is the first suspect and the first detainee in the situation of the CAR. Bemba was the President and Commander in chief of the �Mouvement de Lib�ration du Congo� (MLC). He is the former Vice-President of the Democratic Republic of Congo and a Senator in the Parliament of the DRC.

On 23 May 2008, ICC Pre-Trial Chamber III issued a sealed warrant of arrest for war crimes and crimes against humanity for Jean-Pierre Bemba Gombo, which was unsealed on 24 May 2008. On 24 May 2008, Bemba was arrested by the Belgian authorities and transferred to the ICC�s detention centre in The Hague on 3 July 2008. Bemba appeared for the first time before the judges of Pre-Trial Chamber III on the following day.

On 12 January 2009, a three days confirmation of charges hearing was held. As a consequence, ICC Pre-Trial Chamber II decided on 15 June 2009 that Bemba would face trial. It confirmed two counts of crimes against humanity (rape and murder) and three counts of war crimes (rape, murder and pillaging) against Jean Pierre Bemba Gombo, sending his case to trial. The crimes were allegedly committed in the CAR from 26 October 2002 to 15 March 2003.

His trial, which was set to start on 14 July 2010, was postponed due to a pending appeal in the case. A status conference will be held on 30 August 2010 to hear submissions on setting a new date for the trial.

Pre-Trial Chamber
On 19 March 2009, the ICC Presidency assigned the situation in the CAR to Pre‑Trial Chamber II, which is composed of Judge Hans-Peter Kaul, Second Vice-President of the Court Judge Ekaterina Trendafilova and Judge Cuno Tarfusser. The CAR was previously assigned to Pre-Trial Chamber III which is now dissolved.