DRC/CAR/International criminal court

ICC deliberates whether Bemba should be tried for war crimes

Article published on the 2009-01-12 Latest update 2009-01-12 12:53 TU

Jean-Pierre Bemba at the ICC, 12 January 2009
(Photo: Reuters)

The International Criminal Court opened a hearing on Monday in The Hague to decide if there is enough evidence to prosecute the former Vice-President of the Democratic Republic of Congo, Jean-Pierre Bemba, for war crimes he allegedly committed in the Central Africa Republic between October 2002 and March 2003.

In a statement, the ICC judge said the hearing is about assessing evidence, and not about Bemba’s guilt or innocence.

"It aims to protect his rights by ensuring that no case goes to trial unless there is sufficient evidence to establish substantial grounds to believe that the person committed the crime with which he has been charged," said the statement.

Bemba, who headed the Movement for the Liberation of Congo (MLC), was arrested on an ICC warrant in Brussels in May 2008. He faces five charges of war crimes and three of crimes against humanity for rape, torture, pillaging and murder allegedly committed by the militia.

The MLC was called to defend then-president Ange-Felix Patassé against a coup, and militia members allegedly murdered and raped hundreds of people.

The Court’s prosecutor, Luis Moreno-Campo, says there is enough evidence to show that Bemba, as the president and commander in chief of the MLC, had the political and military authority over the group.

"There are no excuses for a commander who orders, authorises or tolerates his troops committing rapes and pillages," he said in May, two days after Bemba was arrested. “We have the proof that Mr. Bemba committed these crimes.”

The defence team will argue that Bemba was never on the ground, nor was he part of the chain of command. They will also say that the crimes committed were already judged and punished at the time by the MLC.

The ICC hearing is set to go until Thursday, and then a decision of whether or not he will be tried will be handed down no later than 60 days later.