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CAR: Continued Media Coverage of Bemba Arrest

02 June 2008

Dear all,

Please find below a follow-up digest on the recent execution of an ICC
arrest warrant in Belgium for Jean-Pierre Bemba Gombo. As President
and Commander in Chief of his Mouvement de Libération du Congo (MLC),
Bemba is alleged to be criminally responsible for crimes against
humanity and war crimes committed in the Central African Republic.
This digest includes press releases from several CICC members as well
as the latest media coverage on the Bemba arrest including an op-ed.

Please take note of the Coalition's policy on situations before the
ICC (below), which explicitly states that the CICC will not take a
position on potential and current situations before the Court or
situations under analysis. The Coalition, however, will continue to
provide the most up-to-date information about the ICC.

Regards,

Sasha Tenenbaum
CICC Communications
[email protected]

****
I. CICC MEMBER RELEASES

i. "On the ICC Arrest Warrant against Jean-Pierre Bemba Gombo," by The
League for Peace and Human Rights, 25 May 2008,
www.coalitionfortheicc.org/documents/LIPADHO_PR_25Mai2008_FR.pdf (in French)

"The League for Peace and Human Rights (La Ligue pour la Paix et les
Droits de l'Homme, LIPADHO) is satisfied to have learned about the
sealed arrest warrant issued on 23 May 2008 against Jean Pierre BEMBA
GOMBO by the International Criminal Court (ICC) and subsequent arrest
of BEMBA GOMBO the following day. The Senator and President of the
Congolese Liberation Movement (Mouvement de la Libération du Congo) is
wanted for war crimes and crimes against humanity committed in the
Central African Republic (CAR). Our organization welcomes this first
arrest in the CAR situation which also marks the first time a person
benefitting from parliamentary immunity is arrested. This achievement
can restore the confidence of the public's opinion; for many doubted
the ability of the ICC to get their hands on the `big cheeses'.

However, LIPADHO notes that Jean Pierre Bemba Gombo is a Congolese
subject being prosecuted for crimes committed outside his country, and
points out that his case is similar to that of Ugandan subjects such
as the generals also known as Salim Saleh, Samangola and Kale
Kahihura—presumed perpetrators of massacres, looting, rape,
trafficking of weapons of war—in the Democratic Republic of Congo
(DRC) between 2002 and 2003 and never faced justice. The list grows
with additional Ugandan officers such as MAYUMBA, OTAFIRE, CHAKABALE
and BURUNDI, to name only a few, also alleged to be the perpetrators
of serious crimes of cruelty in the eastern DRC.

As aforementioned, LIPADHO has never ceased to recommend that the ICC
prosecute those Ugandan officers, and their Congolese accomplices with
whom they collaborated in committing crimes in the DRC. Some of them
are employed in government organizations.

Finally, LIPADHO suggests that the ICC investigate (or speedily
prosecute) the international crimes committed by the MLC, the armed
group led by Jean Pierre BEMBA GOMBO in Ituri, and more precisely in
the territory of MAMBASA in December 2002, and in BENI, more precisely
in the localities of KOKOLA and MAIMOYA in the same period as the
operation known as `Wiping the slate.'"
Translation is unofficial and provided by the CICC Secretariat.

ii. "The best way to honor the victims of serious crimes is to bring
to justice their alleged executioners," National Coalition for the ICC
in DRC Press Release by South-Kivu focal point Descartes Mponge
Malasi, 25 May 2008,
http://www.coalitionfortheicc.org/documents/CN-CPISK_PR_25_mai2008_FR (in French)

"The South-Kivu focal point for the national Coalition for the ICC in
DRC (CN-CPI) welcomes the arrest by the Belgian government of the
Congolese Senator and President of the Congolese Liberation Movement
(Mouvement pour la Liberation du Congo), Jean Pierre BEMBA GOMBO,
whose forces have allegedly committed serious crimes in the Central
African Republic.

With this arrest, Belgium joins the DRC in the list of countries that
demonstrate their true desire to cooperate with the ICC in arresting
those it pursues. It is true that Jean Pierre Bemba still benefits
from the presumption of innocence before his eventual conviction, but
his arrest is a strike for the ICC, and carries a dual message:

(1) The arrest is a sign of the willingness of the ICC to honor the
victims of serious crimes;

(2) The arrest is also a message to criminals that the bell for their
immunity tolls throughout the world and that they should stop
committing crimes lest they in turn fall into the nets of national and
international criminal justice.

In light of the fact that the ICC cannot judge all the crimes within
its jurisdiction and fulfill the quest for justice of thousands of
victims of serious crimes, it is high time for the Congolese
Parliament to pass a law implementing the ICC Statute and granting the
Court's international jurisdiction, thereby lifting the protective
veil of immunity under which several criminals hid.

The South-Kivu focal point for the national Coalition for the ICC in
DRC (CN-CPI)
asks other states and international actors to cooperate urgently with
the ICC to bring about the arrest of the well-known Bosco Ntaganda who
continues to command CNDP troops in North Kivu despite the arrest
warrant hanging over him.

To the Congolese people, the South-Kivu focal point for the national
Coalition for the ICC in DRC (CN-CPI) asks that they not allow
themselves to be manipulated by troublemakers who might attempt to
politicize this arrest."

iii. "Reaction in connection with the arrest of Jean Pierre Bemba, by
Chairman of The Congolese Friends of the Law Club Eugene Bakama Bope,
26 May 2008, www.coalitionfortheicc.org/documents/CAD_Bemba_PR_27may08.pdf (in French)

"The Congolese Friends of the Law Club (Club des amis du droit du
Congo) applauds the arrest of Senator Jean Pierre Bemba, President of
the Congolese Liberation Movement (Mouvement de la Libération du
Congo) whose troops committed serious crimes in the Central African
Republic (CAR) between October 2002 and March 2003.

This arrest constitutes both a great victory for Central African
victims and a clear signal to other perpetrators who continue to enjoy
some form of impunity.

In our December 2007 analysis titled `International Criminal Court:
Justice of the `small fish'?' we said that the manner in which the
investigation into the situation in Central African Republic was led
would indicate which direction the court was headed.

Today the Court, through the cooperation of member states, has shown
us that it is able to strike hard and fast. The latest arrest is a
sign that the Court plans to cut the umbilical cord and break with the
ambiguities tied to its creation. It should be noted that this court
has been facing several constraints since its inception, especially
political constraints, which have the potential to hamper the smooth
functioning of the Court. Chief among these is the lack of cooperation
from member states, namely Sudan.

The cooperation of Belgium, however, is a model example—one that leads
us to believe that asylum will indeed be difficult for people
suspected of having committed serious crimes. Nonetheless, we request
that the prosecutor pursue all other persons involved in committing
crimes in CAR, such as former President Ange Felix Patasse. The
credibility of the Court rests on this.

The actions that the Court now takes with regard to the CAR case will
thus directly affect how the International Criminal Court will be
perceived."

Translation is unofficial and provided by the CICC secretariat.

iv. "On the arrest of Mr. Jean Pierre Bemba," Central African
Coalition for the ICC press release, 28 May 2008,
www.coalitionfortheicc.org/documents/CAR_Coalition_press_release_on_Bemba_FR_04272008.pdf
(in French)

"It is with great satisfaction that the Central Coalition for the ICC
welcomed the news of the 24 May 2008 arrest of Mr. Jean Pierre BEMBA,
as part of the ICC investigation into the situation in Central African
Republic (CAR).

This arrest which comes one year after the decision by the
Prosecutor's Office to open an investigation in CAR, demonstrates the
effectiveness of the ICC in ensuring compliance with international
justice norms. We applaud the Court. This development inspires great
hope that the many victims will finally see justice which is their
expectation of the Court. It is also a signal strong enough to break
the culture of impunity that has prevailed in this country for over
twelve years.

As was made clear by the ICC Prosecutor, `the arrest of Bemba is a
serious warning to all those who commit, encourage or condone sexual
crimes.' Indeed, it is clear that if rape continues to be used as a
weapon of war in the DRC and CAR to this day, it is because the
perpetrators have never really been the target of the law in their own
country, where travesties of justice on the matter are not uncommon.

That is why we depend on the ICC for a fair and independent justice so
we can say, "Never again!" We take this opportunity to ask the Central
African Republic to fully and completely cooperate with the ICC so
that all the persons involved may have to answer for their acts."

Translation is unofficial and provided by CICC Secretariat.

v. "On the arrest of Jean Pierre Bemba,"Press statement by the Ugandan
Coalition for the ICC (UCICC), 29 May 2008,
http://www.coalitionfortheicc.org/documents/UCICC_Press_Statement_French.pdf

"The Uganda Coalition for the International Criminal Court (UCICC) is
a membership Non government organisation with 214 Civil Society
Organisations and Community Based Organisation. Formed in 2004, with
the objectives to: sensitize and clarify the role of the ICC and
create a platform for debate on the ICC.

UCICC welcomes information relating to the arrest of Mr. Jean Pierre
Bemba Gombo. The Pre-Trial Chamber III issued a sealed warrant of
arrest for Mr. Jean Pierre Bemba for war crimes and crimes against
humanity. These were allegedly committed in the Central African
Republic in the localities of PK 12, Bossongoa, and Mongoumba between
25 October 2002 to 15 March 2003. The unsealing of the warrants by the
Pretrial Chamber led to his arrest by the Belgian authorities.

The UCICC acknowledges the efforts of the ICC in its pursuit to bring
to justice perpetrators of crimes in the Central African Republic.
The work of the ICC is daunting, especially amidst the myriad of
challenges it faces in executing arrests of those charged with crimes
within its jurisdiction. The UCICC therefore applauds the Belgian
authorities in cooperating with the ICC in effecting the arrest
warrants against Mr. Bemba. UCICC calls upon state parties to the Rome
Statute to cooperate with the ICC to ensure that all outstanding
warrants of arrest are executed.

The arrest of Jean Pierre Bemba by an ICC state party draws
significant, lessons to be learned by other countries like Uganda.
States should not harbor perpetrators of crime. It is the state's
responsibility to protect its people, and it follows that either the
State acts, or cooperates with the ICC in a bid to fight impunity.

The UCICC also appreciates press reports relating to the appointment
of three judges to the War Crimes Court, which is to be a special
division of the High Court of Uganda. The UCICC believes that this is
a positive step in the fight against impunity and the development of
the principle and practice of complementarity. However, we call upon
Government to provide all the necessary support needed to get the War
Crimes Court fully working, and at the same time expedite the
enactment of the ICC Bill 2006 into Law."

II. MEDIA COVERAGE OF BEMBA ARREST

i. "International justice strengthens quickly," ("La justice pénale
internationale se renforce vite"), Interview with Track Impunity
Always (TRIAL) director, Philip Grant on the Bemba arrest,
Swissinfo.ch, 30 May 2008,
http://www.swissinfo.org/fre/a_la_une/La_justice_penale_internationale_se_renforce_vite.html?siteSect=106&sid=9154918&cKey=1212156827000&ty=st
(in French)

"…For the NGOs, the arrest certainly marks a positive evolution,
because it shows that the Prosecutor is capable of aiming
higher….before the arrest of Bemba, we were disappointed, in 6 years,
and the Court only pursued 11 individuals. That's a bit weak compared
to the 450 million dollars it has spent!..."

ii. "DR Congo dissident general urges Parliament to seek opposition
leader's release," Radio Okapi,
www.radiookapi.net/index.php?i=53&a=1883529 May 2008 (in French)

"[Dissident Gen] Laurent Nkunda's politico-movement, CNDP [Congolese
National and Democratic Party] has urged the Speakers of the National
Assembly and Senate, on one hand, to begin mediation in order to iron
out the current crisis between DR Congo and Belgium, and on the other,
to be involved in the immediate release of Senator Jean-Pierre Bemba.
The MLC [Congolese Liberation Movement]/Kasai-Occidental Federation
expressed the same sentiment. The executive committee of the
federation denounced what they term as politicization, use and
manipulation of the International Criminal Court [ICC] by Belgium,
radiookapi.net reports.

The committee also questioned the democratic game of some Congolese
people who, it says, were supervising the actions from Kinshasa.
...The MLC federation took the opportunity to also call on the
international community to condemn Belgium's moves and demanded the
proceedings against its national chairman stopped."

iii. "DR Congo opposition leader denied bail by Belgian Council
Chamber," Okapi website, 28 May 2008,
http://www.radiookapi.net/index.php?i=53&a=18837 (in French)

"The Belgian judicial authorities have decided to keep in remand the
former vice-president and leader of MLC [Congolese Liberation
Movement]. [DRCongo opposition leader] Jean-Pierre Bemba was arrested
in Belgium following a arrest warrant issued by the International
Criminal Court [ICC].

However, his lawyers, who wanted him to be freed on bail, will not
give up. One of them, Pierre Legros, will lodge an appeal on Thursday
[29 May], radiookapi.net reports. 'There are no particular
proceedings. If it only concerns the order to keep Mr Bemba in
custody, Lawyer Pierre Legros can lodge an appeal against the decision
tomorrow morning [29 May]. From there, the court will have eight days
to rule,' Pierre Legros' secretary said on Wednesday."

iv. "Ugandan experts say Bemba arrest warning to country's generals,"
BBC Monitoring Africa, 29 May 2008 (link unavailable)

"The arrest in Belgium of Jean-Pierre Bemba, a former Ugandan ally
during the DRCongo wars [1998-2003] is evidence that senior Ugandan
military officers who participated in the bloody conflict face a
similar fate..."

"...'I would suggest that Ugandan generals stay put,' said Dr Phillip
Kasaija, professor of international relations at Makerere's school of
political science...Mr Bemba's arrest for crimes allegedly committed
in neighbouring Central Africa Republic and not his native DR Congo
lends some credence to the suggestion that the ICC could come after
Ugandan army officials...'The ICC is also free to initiate its own
inquiry' Dr Kasaija added, contrary to the common perception that only
governments can ask the court to intervene...

... The prospect of Ugandan indictments also depends on whether Mr
Joseph Kabila pushes for it. DR Congo and Uganda have been sparring
since the run-up to the elections in 2006 where Mr Kabila and Mr Bemba
were main rivals....Uganda and DR Congo also trade accusations of
supporting rebels and militia groups against each other. The Bemba
arrest can be interpreted as a sign that Mr Kabila is not shy of
leveraging the recent horrific human rights history of DR Congo
against his domestic and regional political and military rivals..."
"...'The only protection [for Ugandan generals] is if they remain in
power,' Dr Kasaija said, adding that being out of power made them
vulnerable to arrest like Mr. Bemba, as did foreign travel."

v. "Congo protesters demand release of arrested ex-VP," by Joe Bavier
(Reuters), 27 May 2008 www.alertnet.org/thenews/newsdesk/L27385005.htm

"More than 1,000 supporters of Congo's former vice president,
Jean-Pierre Bemba, who was arrested in Belgium over the weekend on war
crimes charges, marched in Kinshasa on Tuesday calling for his
release. Bemba, the defeated contender in Congo's 2006 presidential
election, was arrested by Belgian authorities in Brussels on Saturday
on an International Criminal Court warrant for war crimes committed in
the Central African Republic."

vi. "The Bemba case should set an example for the Comoros," ("Le cas
Bemba doit faire ecole en Union des Comores"), Comoros Coalition for
the ICC (CCCPI), La Gazette des Comores—Issue 749, 30 May 2008 (in
French and link unavailable)

"The national Coalition for the ICC in Comoros, part of the Coalition
for the ICC network, welcomes the news of the arrest of Jean Pierre
Bemba Gombo by the Belgium government on the basis of an arrest
warrant issued by the ICC…to date, the ICC has managed to arrest 4
individuals of whom 3 were transferred to the detention facility in
The Hague. This should set an example for the Comoros…We call on
Comoros authorities to not lower their guard because there is always
the possibility of judging Mohamed Bacar and his collaborators [Bacar
is the ex-President of the Anjouan island who recently fled to escape
AU troops; the Comoros government has stated that if Bacar cannot be
tried in their national courts for serious crimes, than the ICC should]."

Translation is unofficial and provided by CICC Secretariat.
See related articles in French press:

a."La justice belge maintient Bemba en détention provisoire RD Congo,"
28 May
2008, AFP,
www.jeuneafrique.com/jeune_afrique/article_depeche.asp?art_cle=AFP90458lajuseriosi0
b."Jean Pierre Bemba reste en prison à Bruxelles, " by Stéphane
Salikoko (L'Avenir - RDC), 29 May 2008
www.congoplanete.com/article.jsp?id=45261444
c."Un criminel de guerre sous les verrous; " Le Point
(Congo-Kinshasa), 29 May 2008
www.lepoint.fr/actualites-monde/un-criminel-de-guerre-sous-les-verrous/924/0/248952
d."Bemba Justice de vainqueurs ? " Le Vif/L'Express (Belgium), 30 May
2008
www.levif.be/actualite/belgique/72-56-17760/bemba-arrete--une-justice-de-vainqueurs--.html

III. OPINIONS

"The pitfalls of justice," The Star (South Africa), 29 May 2008, (link
unavailable)

"The arrest of former Democratic Republic of Congo rebel leader and
vice-president Jean-Pierre Bemba is a very clear sign that the
International Criminal Court is getting serious...The ICC accuses him
of rapes and tortures allegedly committed by his men between 2002 and
2003, when they fought against a coup attempt in the country at the
behest of then CAR president Ange-Felix Patasse....

...The court has also charged leaders of the brutal Ugandan rebel
movement, the Lord's Resistance Army (LRA), for some of their terrible
war crimes. But the LRA case illustrates the hazards of the ICC
process. The LRA leaders have vowed to continue fighting until they
are granted immunity from prosecution....

...There are signs that Bemba's supporters might cause trouble if the
ICC goes ahead with its case against him. The ICC, however, is
sticking to its prosecutions....

...These cases illustrate the dilemma of balancing peace and
justice....The ICC's actions in the DRC and Uganda might discourage a
leader like Zimbabwean President Robert Mugabe from similarly giving
up power. On the other hand, ICC prosecutions are needed to deter
future war crimes...."

*****

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