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9 - The Trial of Jean-Pierre Bemba

from The Congo Trials

Published online by Cambridge University Press:  26 May 2022

Richard Gaskins
Affiliation:
Brandeis University, Massachusetts
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Summary

The trial of Jean-Pierre Bemba grew out of a separate fact situation in the Central African Republic (CAR). Bemba was a powerful politician on the Congolese national stage, and was also the leader of an armed rebel force, a part of which had been sent across the border in a vain effort to halt a coup against the CAR President. Bemba’s men were accused of widespread crimes against civilians, including sexual crimes against both women and men. The trial tested a theory of criminal responsibility intended for remote commanders who fail to prevent or punish crimes on the ground. Although Bemba was convicted on this basis and sentenced to eighteen years' imprisonment, two years later his convictions were overturned by a bold Appeals Chamber majority. At stake on appeal were fair trial concerns about the need for greater specificity in criminal charges, which led the divided appeals panel to debate the meaning of core legal principles. Looking back to earlier judicial controversies, reversals, dissents, and acquittals, the dialogue surrounding Bemba’s successful appeal identified key questions for future judges to ponder.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • The Trial of Jean-Pierre Bemba
  • Richard Gaskins, Brandeis University, Massachusetts
  • Book: The Congo Trials in the International Criminal Court
  • Online publication: 26 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009208772.010
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  • The Trial of Jean-Pierre Bemba
  • Richard Gaskins, Brandeis University, Massachusetts
  • Book: The Congo Trials in the International Criminal Court
  • Online publication: 26 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009208772.010
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Trial of Jean-Pierre Bemba
  • Richard Gaskins, Brandeis University, Massachusetts
  • Book: The Congo Trials in the International Criminal Court
  • Online publication: 26 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009208772.010
Available formats
×