News

ICC announces the opening date of the Bemba trial; CICC NGO members in the news; and other related articles

21 Oct 2010

Dear all,

Please find below information about recent developments related to the situation in the Central African Republic (CAR).

You will find in particular the latest ICC press release announcing that the Bemba trial will open on 22 November 2010 (I), CICC NGO members in the news (II) as well as other related news and opinions (III).

Note that translations into English provided by the CICC Secretariat are informal.

Please also take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the Coalition 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.

Best regards,

CICC Secretariat
www.coalitionfortheicc.org

*************************************

I. UPDATE ON THE BEMBA CASE

A. ICC PRESS RELEASES

Note: These documents have been produced by the ICC. The CICC Secretariat distributes them as part of its mandate to keep member organizations and individuals informed about developments related to the ICC. The documents do not reflect the views of the CICC as a whole or its individual members.

i. Trial of Jean-Pierre Bemba Gombo to commence on Monday, 22 November, 2010," ICC-CPI-20101021-MA75, ICC Press Release, 21 October 2010, http://www.icc-cpi.int/menus/icc/press and media/press releases/ma75?lan=en-GB

"In an oral decision issued today during a status conference, Trial Chamber III of the International Criminal Court (ICC) set the date for the commencement of the trial in the case of The Prosecutor v. Jean-Pierre Bemba Gombo as Monday, 22 November, 2010, at 14:30 (The Hague local time).

Jean-Pierre Bemba Gombo is allegedly criminally responsible, as a person effectively acting as military commander within the meaning of article 28(a) of the Rome Statute, for two crimes against humanity (murder and rape) and three war crimes (murder, rape and pillaging), allegedly committed in the territory of the Central African Republic during the period from approximately 26 October, 2002 to 15 March, 2003."

ii. "The Appeals Chamber dismisses Mr Bemba's appeal against the decision on the admissibility of his case," ICC Press Release, ICC-CPI-20101019-PR586, 19 October 2010, http://www.icc-cpi.int/NR/exeres/B94483A3-4F6E-403B-93B6-B3782AF0F1A6.htm � ��

"On Tuesday, 19 October, 2010, the Appeals Chamber of the International Criminal Court (ICC) confirmed the decision of Trial Chamber III entitled "Decision on the Admissibility and Abuse of Process Challenges" and dismissed Mr Jean-Pierre Bemba Gombo's appeal against this decision. This judgment confirms that the case against Mr Bemba is admissible.

On 24 June, 2010, Trial Chamber III had dismissed the admissibility and abuse of process challenges, raised by the Defence. The latter filed an appeal against this decision on 28 June and submitted a document in support of his appeal, raising four grounds to appeal, on 26 July 2010.

Judge Anita Uacka, Presiding Judge in this appeal, delivered an oral summary of the Appeals Chamber judgment. She recalled that article 17(1)(b) of the Rome Statute provides that a case is inadmissible before the ICC where the case has been investigated by a State which has jurisdiction over it, and the State has decided not to prosecute the person concerned, unless that decision resulted from the unwillingness or inability of the State genuinely to prosecute.

Judge Uacka explained that the Appeals Chamber dismissed Mr Bemba's ground of appeal in which he argued that Trial Chamber III erred in deciding that the case is admissible before the ICC, because it concluded that an order issued by the Bangui Regional Court's Senior Investigating Judge on 16 September 2004 in the Central African Republic (CAR), did not constitute a 'decision not to prosecute' within the meaning of article 17 (1) (b) of the Statute. This Order had dismissed the charges against Mr Bemba, which concerned the events that now form the basis of the charges against him before the ICC. Judge Uacka summarized the procedural history of the proceedings against Mr Bemba before the Central African courts, and indicated that the Court of Appeals and the Court of Cassation in Bangui (CAR) expressly reversed the Senior Investigating Judge's Order, upheld the charges against Mr Bemba, and ruled that the case against Mr Bemba should be referred by the competent authorities in the Central African Republic to the ICC. O n 21 December, 2004, the Government of the Central African Republic referred to the ICC the crimes within the jurisdiction of the Court committed anywhere on its territory since 1 July 2002.

The Presiding Judge explained that the Order of the Senior Investigating Judge was not a "decision not to prosecute", within the meaning of article 17(1)(b) of the Rome Statute, because it was not the final decision in the case before the Central African Republic courts. She also underlined that the Appeals Chamber has previously held on 25 September, 2009, in a judgment also relating to the admissibility of the case in the Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui, that a "decision not to prosecute" does not cover decisions to close judicial proceedings in order to refer the matter to the International Criminal Court.

Judge Uacka clarified that the question as to whether the decision resulted from the unwillingness or inability of the State genuinely to prosecute only arises once it has been established that there was a "decision not to prosecute". Since there was no "decision not to prosecute" Mr Bemba before the Central African authorities, the Appeals Chamber would not consider Mr Bemba's arguments that the Trial Chamber erred in deciding that the Central African Republic was unable genuinely to prosecute.

Finally, the Appeals Chamber also dismissed Mr Bemba's arguments that Trial Chamber III erred in rejecting his request to provide evidence from an expert on the application of the law of the Central African Republic and in deciding that his submissions made before the courts of the Central African Republic in April 2010 constituted an "abuse of this court's process". The Presiding Judge recalled that the Appeals Chamber has previously held, in a judgment also relating to the admissibility of the case in the Prosecutor v. Joseph Kony, et. al., that at a minimum the appellant must set out not only an alleged error in the appeal, but also indicate, with sufficient precision, how this error would have materially affected the impugned decision. "Mr Bemba does not advance any arguments [.] to indicate how the outcome of the Impugned Decision would have been different" Judge Uacka stated in her oral summary of the Appeals Chamber judgment.

Mr Jean-Pierre Bemba Gombo is alleged to be criminally responsible for having effectively acted as a military commander within the meaning of article 28(a) of the Rome Statute for two crimes against humanity (murder and rape) and three war crimes (murder, rape and pillaging) allegedly committed in the territory of the Central African Republic during the period approximately between 26 October, 2002 and 15 March, 2003. Trial Chamber III is to schedule the date of the Trial's opening...."

II. CICC NGO MEMBERS IN THE NEWS

i. Memorandum by PGA member Senator Eve Bazaiba addressed to the President of the ICC(Memorandum de la sénatrice Eve Bazaiba, membre de Parlementarians for Global Action, l'attention du President de la CPI ), 19 October
http://lepotentiel.com/afficher_article.php?id_article=102291&id_edition=6014 [in French]

Note from the CICC Secretariat:
Congolese Senator Eve Bazaiba, a member of Parlementarians for Global Action, criticizes the work of the ICC regarding the Bemba case. She denounces the inconsistency of the Court proceedings and decisions and questions the Office of the Prosecutors strategy. Furthermore, she argues that there was no reason for the decision on the interim release of Jean-Pierre Bemba to be reversed by the Appeals Chamber.

ii. "Interview of Marie-Edith Douzima, a member of the CAR Coalition for the ICC" ("Interview de Marie-Edith Douzima, membre de la Coalition centrafricaine pour la CPI"), Radio Ndeke Luka, 21 September 2010 http://www.radiondekeluka.org/component/k2/item/1850-me-edith-douzima-lawson[in French]

Marie-Edith Douzima from the CAR Coalition for the ICC is interviewed by Radio Ndeke Luka for International Peace Day on the importance of justice to reach peace and the January 2011 elections in CAR.

III. RELATED NEWS ARTICLES

i. "Jean-Pierre Bemba may be hosted by Portugal (Jean-Pierre Bemba poder ser acolhido em Portugal)," Dirio Digital/Lusa, 19 October 2010 http://news.google.com.br/news/story?ncl=http://diariodigital.sapo.pt/news.asp?section_id=12&id_news=474193&hl=pt-BR&geo=br (Portuguese)

"The former Vice-President of the DRC, Jean-Pierre Bemba, may be freed today by the International Criminal Court (ICC), in the Hague, said on Monday a spokesperson of the Politico who added that Portugal may be one of the countries to host him.

Accused of war crimes and crimes against humanity, the senator and leader of the opposition in the DRC has been in custody in the Hague since May 2008. Mr. Bemba had, previously, been under refugee status in Portugal between 2007 and 2008.

In a statement to LUSA (The Portuguese News Agency), Fidel Babala, director of the office of the opposition leader stated on Monday that discussions are currently underway with Portugal, Belgium and South Africa for one of these countries to host the former leader.

"There is 60 percent probability that Bemba can be freed on Tuesday (today), the day that the court announced the decision on the inadmissibility of the trial," said the same representative, remembering, nevertheless, that if the accusation decides to appeal the decision, Bembas release will be postponed. [...]"

ii. "DR Congo ex-vice president to go on trial on November 22," News African, 21 October 2010 http://www.africasia.com/services/news_africa/article.php?ID=CNG.5eaf1ab9208611e8ecb689fbb6a106a9.9e1

iii. "International Criminal Court says trial of former Congo VP Jean-Pierre Bemba to start Nov. 22," By Mike Corder, Associated Press, 21 October 2010 http://www.winnipegfreepress.com/world/breakingnews/international-criminal-court-says-trial-of-former-congo-vp-jean-pierre-bemba-to-start-nov-22-105430743.html

iv. ICC proceeds trial against Congos Bemba, by Thijs Bouwknegt (RNW), 19 October 2010 http://www.rnw.nl/international-justice/article/icc-proceeds-trial-against-congos-bemba

v. ICC to proceed with Bemba war crimes trial, BBC News, 19 October 2010
http://www.bbc.co.uk/news/world-africa-11573604

vi. ICC Confirms War Crimes Case against Former Leader, UN News, 19 October 2010 http://www.globalsecurity.org/military/library/news/2010/10/mil-101019-unnews01.htm

vii. ICC allows trial of Congo rebel leader Bemba to proceed, by Sarah Posner (JURIST), 19 October http://jurist.org/paperchase/2010/10/icc-allows-trial-of-congo-rebel-leader-bemba-to-proceed.php

viii. Congo's Former VP Bemba War Crimes Trial Gets Go Ahead, by Selah Hennessy (VOA News), 19 October 2010 http://www.voanews.com/english/news/Bemba-War-Crimes-Trial-Gets-Go-Ahead--105266838.html

ix. International Criminal Court Dismisses Appeal by Jean-Pierre Bemba Gombo, by Martijn van der Starre (Bloomberg), 19 October 2010 http://www.bloomberg.com/news/2010-10-19/international-criminal-court-dismisses-appeal-by-jean-pierre-bemba-gombo.html

x. ICC to rule Oct 19 on Bemba challenge to war crimes trial, Expactica, 8 October 2010 http://www.expatica.com/nl/news/dutch-news/icc-to-rule-oct-19-on-bemba-challenge-to-war-crimes-trial_101919.html

xi. ICC decides to go ahead with trial of Jean-Pierre Bemba, UN Radio, 19 October 2010 http://www.unmultimedia.org/radio/english/detail/104226.html

*************************************

CICC's policy on the referral and prosecution of situations before the ICC:

The Coalition for the ICC is not an organ of the court. The CICC is an independent NGO movement dedicated to the establishment of the International Criminal Court as a fair, effective, and independent international organization. The Coalition will continue to provide the most up-to date information about the ICC and to help coordinate global action to effectively implement the Rome Statute of the ICC. The Coalition will also endeavor to respond to basic queries and to raise awareness about the ICC's trigger mechanisms and procedures, as they develop. The Coalition as a whole, and its secretariat, do not endorse or promote specific investigations or prosecutions or take a position on situations before the ICC. However, individual CICC members may endorse referrals, provide legal and other support on investigations, or develop partnerships with local and other organizations in the course of their efforts.

Communications to the ICC can be sent to:

ICC
P.O. Box 19519
2500 CM the Hague
The Netherlands

English \|Espa�ol \|Fran�ais \|Arabic \|Browse documents by other languages Follow Us:


News Browse by Region Media Digests Country Updates UN Excerpts on the ICC Updates of the Assembly Browse by Region		ICC announces the opening date of the Bemba trial; CICC NGO members in the news; and other related articles 21 Oct 2010 Dear all, Please find below information about recent developments related to the situation in the Central African Republic (CAR). You will find in particular the latest ICC press release announcing that the Bemba trial will open on 22 November 2010 (I), CICC NGO members in the news (II) as well as other related news and opinions (III). Note that translations into English provided by the CICC Secretariat are informal. Please also take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the Coalition 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. Best regards, CICC Secretariat www.coalitionfortheicc.org *********************************** I. UPDATE ON THE BEMBA CASE A. ICC PRESS RELEASES Note: These documents have been produced by the ICC. The CICC Secretariat distributes them as part of its mandate to keep member organizations and individuals informed about developments related to the ICC. The documents do not reflect the views of the CICC as a whole or its individual members. i. Trial of Jean-Pierre Bemba Gombo to commence on Monday, 22 November, 2010," ICC-CPI-20101021-MA75, ICC Press Release, 21 October 2010, http://www.icc-cpi.int/menus/icc/press and media/press releases/ma75?lan=en-GB "In an oral decision issued today during a status conference, Trial Chamber III of the International Criminal Court (ICC) set the date for the commencement of the trial in the case of The Prosecutor v. Jean-Pierre Bemba Gombo as Monday, 22 November, 2010, at 14:30 (The Hague local time). Jean-Pierre Bemba Gombo is allegedly criminally responsible, as a person effectively acting as military commander within the meaning of article 28(a) of the Rome Statute, for two crimes against humanity (murder and rape) and three war crimes (murder, rape and pillaging), allegedly committed in the territory of the Central African Republic during the period from approximately 26 October, 2002 to 15 March, 2003." ii. "The Appeals Chamber dismisses Mr Bemba's appeal against the decision on the admissibility of his case," ICC Press Release, ICC-CPI-20101019-PR586, 19 October 2010, http://www.icc-cpi.int/NR/exeres/B94483A3-4F6E-403B-93B6-B3782AF0F1A6.htm � �� "On Tuesday, 19 October, 2010, the Appeals Chamber of the International Criminal Court (ICC) confirmed the decision of Trial Chamber III entitled "Decision on the Admissibility and Abuse of Process Challenges" and dismissed Mr Jean-Pierre Bemba Gombo's appeal against this decision. This judgment confirms that the case against Mr Bemba is admissible. On 24 June, 2010, Trial Chamber III had dismissed the admissibility and abuse of process challenges, raised by the Defence. The latter filed an appeal against this decision on 28 June and submitted a document in support of his appeal, raising four grounds to appeal, on 26 July 2010. Judge Anita Uacka, Presiding Judge in this appeal, delivered an oral summary of the Appeals Chamber judgment. She recalled that article 17(1)(b) of the Rome Statute provides that a case is inadmissible before the ICC where the case has been investigated by a State which has jurisdiction over it, and the State has decided not to prosecute the person concerned, unless that decision resulted from the unwillingness or inability of the State genuinely to prosecute. Judge Uacka explained that the Appeals Chamber dismissed Mr Bemba's ground of appeal in which he argued that Trial Chamber III erred in deciding that the case is admissible before the ICC, because it concluded that an order issued by the Bangui Regional Court's Senior Investigating Judge on 16 September 2004 in the Central African Republic (CAR), did not constitute a 'decision not to prosecute' within the meaning of article 17 (1) (b) of the Statute. This Order had dismissed the charges against Mr Bemba, which concerned the events that now form the basis of the charges against him before the ICC. Judge Uacka summarized the procedural history of the proceedings against Mr Bemba before the Central African courts, and indicated that the Court of Appeals and the Court of Cassation in Bangui (CAR) expressly reversed the Senior Investigating Judge's Order, upheld the charges against Mr Bemba, and ruled that the case against Mr Bemba should be referred by the competent authorities in the Central African Republic to the ICC. O n 21 December, 2004, the Government of the Central African Republic referred to the ICC the crimes within the jurisdiction of the Court committed anywhere on its territory since 1 July 2002. The Presiding Judge explained that the Order of the Senior Investigating Judge was not a "decision not to prosecute", within the meaning of article 17(1)(b) of the Rome Statute, because it was not the final decision in the case before the Central African Republic courts. She also underlined that the Appeals Chamber has previously held on 25 September, 2009, in a judgment also relating to the admissibility of the case in the Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui, that a "decision not to prosecute" does not cover decisions to close judicial proceedings in order to refer the matter to the International Criminal Court. Judge Uacka clarified that the question as to whether the decision resulted from the unwillingness or inability of the State genuinely to prosecute only arises once it has been established that there was a "decision not to prosecute". Since there was no "decision not to prosecute" Mr Bemba before the Central African authorities, the Appeals Chamber would not consider Mr Bemba's arguments that the Trial Chamber erred in deciding that the Central African Republic was unable genuinely to prosecute. Finally, the Appeals Chamber also dismissed Mr Bemba's arguments that Trial Chamber III erred in rejecting his request to provide evidence from an expert on the application of the law of the Central African Republic and in deciding that his submissions made before the courts of the Central African Republic in April 2010 constituted an "abuse of this court's process". The Presiding Judge recalled that the Appeals Chamber has previously held, in a judgment also relating to the admissibility of the case in the Prosecutor v. Joseph Kony, et. al., that at a minimum the appellant must set out not only an alleged error in the appeal, but also indicate, with sufficient precision, how this error would have materially affected the impugned decision. "Mr Bemba does not advance any arguments [.] to indicate how the outcome of the Impugned Decision would have been different" Judge Uacka stated in her oral summary of the Appeals Chamber judgment. Mr Jean-Pierre Bemba Gombo is alleged to be criminally responsible for having effectively acted as a military commander within the meaning of article 28(a) of the Rome Statute for two crimes against humanity (murder and rape) and three war crimes (murder, rape and pillaging) allegedly committed in the territory of the Central African Republic during the period approximately between 26 October, 2002 and 15 March, 2003. Trial Chamber III is to schedule the date of the Trial's opening...." II. CICC NGO MEMBERS IN THE NEWS i. Memorandum by PGA member Senator Eve Bazaiba addressed to the President of the ICC(Memorandum de la sénatrice Eve Bazaiba, membre de Parlementarians for Global Action, l'attention du President de la CPI ), 19 October http://lepotentiel.com/afficher_article.php?id_article=102291&id_edition=6014 [in French] Note from the CICC Secretariat: Congolese Senator Eve Bazaiba, a member of Parlementarians for Global Action, criticizes the work of the ICC regarding the Bemba case. She denounces the inconsistency of the Court proceedings and decisions and questions the Office of the Prosecutors strategy. Furthermore, she argues that there was no reason for the decision on the interim release of Jean-Pierre Bemba to be reversed by the Appeals Chamber. ii. "Interview of Marie-Edith Douzima, a member of the CAR Coalition for the ICC" ("Interview de Marie-Edith Douzima, membre de la Coalition centrafricaine pour la CPI"), Radio Ndeke Luka, 21 September 2010 http://www.radiondekeluka.org/component/k2/item/1850-me-edith-douzima-lawson[in French] Marie-Edith Douzima from the CAR Coalition for the ICC is interviewed by Radio Ndeke Luka for International Peace Day on the importance of justice to reach peace and the January 2011 elections in CAR. III. RELATED NEWS ARTICLES i. "Jean-Pierre Bemba may be hosted by Portugal (Jean-Pierre Bemba poder ser acolhido em Portugal)," Dirio Digital/Lusa, 19 October 2010 http://news.google.com.br/news/story?ncl=http://diariodigital.sapo.pt/news.asp?section_id=12&id_news=474193&hl=pt-BR&geo=br (Portuguese) "The former Vice-President of the DRC, Jean-Pierre Bemba, may be freed today by the International Criminal Court (ICC), in the Hague, said on Monday a spokesperson of the Politico who added that Portugal may be one of the countries to host him. Accused of war crimes and crimes against humanity, the senator and leader of the opposition in the DRC has been in custody in the Hague since May 2008. Mr. Bemba had, previously, been under refugee status in Portugal between 2007 and 2008. In a statement to LUSA (The Portuguese News Agency), Fidel Babala, director of the office of the opposition leader stated on Monday that discussions are currently underway with Portugal, Belgium and South Africa for one of these countries to host the former leader. "There is 60 percent probability that Bemba can be freed on Tuesday (today), the day that the court announced the decision on the inadmissibility of the trial," said the same representative, remembering, nevertheless, that if the accusation decides to appeal the decision, Bembas release will be postponed. [...]" ii. "DR Congo ex-vice president to go on trial on November 22," News African, 21 October 2010 http://www.africasia.com/services/news_africa/article.php?ID=CNG.5eaf1ab9208611e8ecb689fbb6a106a9.9e1 iii. "International Criminal Court says trial of former Congo VP Jean-Pierre Bemba to start Nov. 22," By Mike Corder, Associated Press, 21 October 2010 http://www.winnipegfreepress.com/world/breakingnews/international-criminal-court-says-trial-of-former-congo-vp-jean-pierre-bemba-to-start-nov-22-105430743.html iv. ICC proceeds trial against Congos Bemba, by Thijs Bouwknegt (RNW), 19 October 2010 http://www.rnw.nl/international-justice/article/icc-proceeds-trial-against-congos-bemba v. ICC to proceed with Bemba war crimes trial, BBC News, 19 October 2010 http://www.bbc.co.uk/news/world-africa-11573604 vi. ICC Confirms War Crimes Case against Former Leader, UN News, 19 October 2010 http://www.globalsecurity.org/military/library/news/2010/10/mil-101019-unnews01.htm vii. ICC allows trial of Congo rebel leader Bemba to proceed, by Sarah Posner (JURIST), 19 October http://jurist.org/paperchase/2010/10/icc-allows-trial-of-congo-rebel-leader-bemba-to-proceed.php viii. Congo's Former VP Bemba War Crimes Trial Gets Go Ahead, by Selah Hennessy (VOA News), 19 October 2010 http://www.voanews.com/english/news/Bemba-War-Crimes-Trial-Gets-Go-Ahead--105266838.html ix. International Criminal Court Dismisses Appeal by Jean-Pierre Bemba Gombo, by Martijn van der Starre (Bloomberg), 19 October 2010 http://www.bloomberg.com/news/2010-10-19/international-criminal-court-dismisses-appeal-by-jean-pierre-bemba-gombo.html x. ICC to rule Oct 19 on Bemba challenge to war crimes trial, Expactica, 8 October 2010 http://www.expatica.com/nl/news/dutch-news/icc-to-rule-oct-19-on-bemba-challenge-to-war-crimes-trial_101919.html xi. ICC decides to go ahead with trial of Jean-Pierre Bemba, UN Radio, 19 October 2010 http://www.unmultimedia.org/radio/english/detail/104226.html *********************************** CICC's policy on the referral and prosecution of situations before the ICC: The Coalition for the ICC is not an organ of the court. The CICC is an independent NGO movement dedicated to the establishment of the International Criminal Court as a fair, effective, and independent international organization. The Coalition will continue to provide the most up-to date information about the ICC and to help coordinate global action to effectively implement the Rome Statute of the ICC. The Coalition will also endeavor to respond to basic queries and to raise awareness about the ICC's trigger mechanisms and procedures, as they develop. The Coalition as a whole, and its secretariat, do not endorse or promote specific investigations or prosecutions or take a position on situations before the ICC. However, individual CICC members may endorse referrals, provide legal and other support on investigations, or develop partnerships with local and other organizations in the course of their efforts. Communications to the ICC can be sent to: ICC P.O. Box 19519 2500 CM the Hague The Netherlands