Susan Dileep

 

A Historic Trial

Bemba at the trial

It was a theatrical opening to a landmark trial. As the blinds were pulled aside, Jean- Pierre Bemba sat on a chair with more than thousand eyes eagerly watching him, reported the BBC.

Jean- Pierre Bemba, the former Vice President of DR Congo was produced before the International Criminal Court (ICC) on 22 November, 2010. After spending two and half years in custody, Bemba was produced before the court on three counts of war crimes and two counts of crimes against humanity. Although Bemba wasn’t present when his troops allegedly raped and tortured civilians; he is being held responsible for his troops’ actions.

First witness testifies

Luis Moreno- Ocampo, Chief Prosecutor

On 26 November, the prosecution produced its first witness who is only known as Witness 38. The witness testified under protective measures like face and voice distortion. Although his identity was not revealed, he said that he organized civilians in Central African Republic (CAR) to resist Bemba’s army.

The witness recounted how Bemba was given VIP treatment on his arrival in CAR. As the trial progressed, the witness told the court how Bemba’s men committed acts of robbery and beating along with rape and murder.

“They had whips, pieces of wood, and at the end of them they had attached bits of rubber or leather, and they would use these instruments to hit the CAR civilians,” added the witness.

Under cross examination by the defense counsel, the witness denied any involvement of the CAR army in the crimes. When asked whether the CAR army had collaborated with Bemba’s army, the witness replied, “To say that they operated together, that would mean that the CAR army was involved in theft and rape. As far as I know, no. The CAR army was reduced to nothing, deprived of their authority.” However, later during the week, the witness agreed that the CAR army had also committed atrocities in a place called PK 13.

The defense counsel sought to establish that the witness could not distinguish which army committed the crimes. Bemba’s defense argued that once the army moved into CAR, it was under the control of Patasse and not Bemba. However, the prosecution argued that the evidence gathered from their investigation show that the troops were always under Bemba’s authority.

Bemba’s defense counsel also argued against the prosecution’s decision to freeze all of Bemba’s assets. According to the Rome statute, all assets acquired during the time of war will be seized. In the case of Bemba, assets which were acquired through companies before his military career were also seized.

The trial could last almost a year with more than 40 witnesses being brought to testify against Bemba.

At present, the ICC has ordered the arrest of Sudanese President Omar al- Bashir on suspicion of war crimes and alleged genocide in Darfur.