May 25 2008
ICC NABS JEAN-PIERRE BEMBA
In 2002 former CAR President Ange-Felix Patasse asked MLC forces under Bemba to help put down a coup attempt in Bangui and this resulted in widespread human rights abuses. After Patasse’s ouster in 2003, his successor, François Bozizé, pressed charges of rape and murder against Bemba.
As President and Commander in Chief of his Mouvement de Libération du Congo (MLC), Bemba is alleged to be criminally responsible for four counts of war crimes and two counts of crimes against humanity. Committed between October 25 2002 and March 15 2003, on CAR territory, the offenses involve rape, torture, outrages upon personal dignity and pillaging. On December 21 2004, CAR authorities referred the crimes to Office of the Prosecutor (OTP) of the ICC. Following a thorough analysis of the information in terms of Article 53 of the ICC Statute, ICC Prosecutor Luis Moreno-Ocampo announced his decision to investigate the CAR crimes on May 22 2007.
On May 23 2008, the ICC’s Pre-Trial Chamber III issued a sealed warrant for Bemba’s of arrest. The warrant remained under seal until it was served on Bemba on Saturday May 24 2008. The Belgian authorities arrested the DRC leader in terms of the doctrine of universal jurisdiction in international law. The legal rule holds that any state may assume criminal jurisdiction over persons--regardless of nationality, country of residence or any other relation with the prosecuting country--whose alleged crimes were committed outside the boundaries of the prosecuting state. The doctrine is premised on the idea that certain international norms are preemptory or owed to the entire world community as well as on the concept that certain international law obligations are binding on all states and, as such, cannot be modified by treaty. Belgium passed universal jurisdiction legislation in 1993.
The afore-mentioned Chamber has found that “there are reasonable grounds to believe that, in the context of a protracted armed conflict in the Central African Republic from about 25 October 2002 to 15 March 2003, MLC forces, led by Jean-Pierre Bemba Gombo, carried out a widespread or systematic attack against a civilian population during which rape, torture, outrages upon personal dignity and pillaging were committed [….]”.
According to the ICC, pre-Trial Chamber III also found that there were reasonable grounds to believe that, as President and Commander in Chief of the MLC, Bemba was vested with de facto and de jure authority to take all political and military decisions on behalf of the MLC.
In terms of procedures, the ICC may start an investigation upon referral to OTP of situations where there is a reasonable basis to believe that serious crimes have been or are being committed. Such referrals must be made by the UN Security Council, acting to address a threat to international peace and security, or a State that had ratified the ICC Statute. The ICC Prosecutor may also receive information on serious crimes coming from individuals or non-governmental organizations. Accordingly, NSHR in 2006 requested OTP to investigate former Namibian President Sam Nujoma and three other Namibians, ratione personae, for the crime of enforced disappearance.
The OTP Prosecutor conducts a preliminary examination of this information in every case. If the Prosecutor then decides that there is a reasonable basis to proceed with an investigation, he will request the Pre-Trial Chamber to authorize an investigation.
“We also salute Belgium for successfully executing the ICC arrest warrant for Bemba. As strong proponents of the universal jurisdiction doctrine, we call upon all states, including Namibia, to emulate the good example set by Belgium and now also South Africa, by assuming the logical and moral duty to arrest and prosecute anyone held responsible for serious crimes under international law. There should be no place or a safe haven for those who commit genocide, crimes against humanity, extrajudicial executions, war crimes, torture and forced disappearances”, said NSHR executive director Phil ya Nangoloh.
In case of additional comment, please call Phil ya Nangoloh at Tel: +264 61 236 183 or +264 61 253 447 (office hours) or Cell: +264 811 299 886 or E-mail: nshr@nshr.org.na or visit: www.nshr.org.na
| |
Similar Threads 
Linear Mode
