USA Africa Dialogue Series - Former Congo vice-president Bemba used 'rape as his method' of war

Former Congo vice-president Bemba used 'rape as his method' of war

Biggest trial before ICC may define commander's legal responsibility
to control troops anywhere in world

David Smith, Africa correspondent, and agencies
Tuesday November 23 2010
The Guardian

http://www.guardian.co.uk/world/2010/nov/22/congo-vice-president-trial-war-crimes

A warlord accused of using "rape as his method" of terrorising
civilians went on trial for war crimes today in the biggest case
before the international criminal court [http://www.icc-cpi.int/NR/
exeres/7BA1991C-707F-414F-AC34-9F15830ACA96.htm" title="].

Former Congolese vice-president Jean-Pierre Bemba [http://
news.bbc.co.uk/2/hi/africa/6085536.stm" title="] denies charges that
he unleashed his personal militia to murder, rape and pillage [http://
www.guardian.co.uk/world/2009/jan/13/congo-bemba-war-crimes-trial-hague"
title="] in the Central African Republic in 2002-03.

As the trial got under way at The Hague, the chief prosecutor said the
outcome would define a commander's legal responsibility to control his
troops wherever they are in the world. Campaigners also hope it will
send warning that those who use rape as a weapon of war will be caught
and punished.

Just four years ago Bemba, a protege of former dictator Mobutu Sese
Seko, was a multimillionaire businessman and darling of the political
opposition [http://www.guardian.co.uk/world/congo" title="] in the
Democratic Republic of Congo.

But following his arrest in Belgium in 2008, the 48-year-old today
looked sombre as he sat at only the third ICC trial since it began
work in 2002.

Bemba, who was vice-president of Congo from 2003 to 2006, is the most
senior political figure in the court's custody. He was defeated in the
country's last presidential election [http://www.guardian.co.uk/world/
2006/nov/16/congo.chrismcgreal1" title="], but had been seen as likely
to run again next year. His supporters in Congo claim the case against
him is politically motivated.

Prosecutors say Bemba allowed his personal militia, the Movement for
the Liberation of Congo, to run amok in neighbouring Central African
Republic in 2002 and 2003 after its then-president, Ange-F?lix
Patass?, asked for its help in an ultimately unsuccessful fight
against rebels led by Congo's former army chief of staff Fran?ois
Boziz?.

Bemba pleaded not guilty to three counts of war crimes and two of
crimes against humanity covering murder, rape and pillaging by his
forces.

Prosecutor Luis Moreno-Ocampo said the case will set a precedent for
the conduct of war everywhere. "The judges' definition of the
responsibilities of a commander will be a warning for all the military
commanders in the world," he said before the hearing. "They have to
understand what is legal and what is illegal. The law makes a
difference between a commander and a criminal."

The prosecutor added that the trial would shine a spotlight on
"neglected [victims] in a neglected country" - girls, women and men
raped in Central African Republic - and described it as a "crime of
domination and humiliation".

His deputy, Fatou Bensouda, told judges at a preliminary hearing:
"[Bemba] chose rape as his method." She cited one unnamed witness who
said three of Bemba's men burst into his home firing weapons, raped
him for hours in front of his family, then raped his wife and attacked
his children. The witness said: "In front of my eyes they abused my
wife. After they finished with my wife, they came for my kids."

Prosecutors plan to call up to 40 witnesses, including more than a
dozen rape victims, and expect to take six months to present their
evidence.

Human Rights Watch welcomed the trial [http://www.hrw.org/en/news/
2010/11/18/bemba-qa" title="]. Anneke Van Woudenberg, a senior
researcher in its Africa division, said: "It's significant in that he
is the most high-profile individual the ICC is dealing with. In DR
Congo this trial is going to be watched very closely. Everyone there
knows who he is."

She added: "Every one of these ICC trials is crucial because they show
that no one is above the law and justice is being done. This is
important in particular for the people of the Central African
Republic, although we have been urging that the charges be extended to
DR Congo, where horrific atrocities were also committed."

Brigid Inder, executive director of Women's Initiatives for Gender
Justice [http://www.iccwomen.org" title="], said the trial should show
women "that crimes of sexual violence are important enough to
prosecute those who commit such acts" and demonstrate to military and
militia leaders "that should they fail to prevent or punish
subordinates for gender-based crimes, they will be held accountable".

Bemba's lawyers say he has tried to investigate and prosecute officers
responsible for the atrocities. Moreno-Ocampo dismissed those efforts
as "sham trials".

One of Bemba's lawyers, Aime Kilolo, said his client was "very serene"
on the eve of the trial. "He will show that at no time could he be
associated with allowing rapes or murders," Kilolo said. "Nor was he
associated with men in the field, nor did he have effective control of
troops, nor was he responsible for discipline."

Bemba's lead lawyer, Nkwebe Liriss, said the court had frozen his
client's assets and not provided his defence team with enough money to
carry out any investigations.

Bemba ruled a large part of Congo during that country's 1998-2002 war
with support from neighbouring Uganda. After a peace agreement ended
the war, he became one of Congo's four vice-presidents.

He came second in a presidential election in 2006 behind Joseph Kabila
[http://www.mg.co.za/person/joseph-kabila" title="] . He was elected a
senator but refused to dismantle his militia, which led to clashes
with security forces that left at least 300 dead in March 2007. Facing
charges of treason, he fled into exile in Portugal and Belgium.

Bemba was arrested in Brussels and transferred to the court in The
Hague in July 2008. The two previous ICC cases to go to trial concern
the conflict in Congo. The former Liberian president Charles Taylor is
being tried [http://www.charlestaylortrial.org" title="] at the The
Hague but in a special war crimes tribunal for Sierra Leone rather
than the ICC.

guardian.co.uk Copyright (c) Guardian News and Media Limited. 2010

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