27 May 2008: ISS Today: DRC: Bemba Arrest a Victory for International Justice

27 May 2008: DRC: Bemba Arrest a Victory for International Justice

 

With the arrest of Jean-Pierre Bemba, the International Criminal Court (ICC) takes another important step in the fight against impunity.

 

On Saturday 24 May 2008 the former rebel leader and former presidential candidate in the Democratic Republic of the Congo (DRC) Jean-Pierre Bemba Gombo was arrested in Brussels, Belgium, following an arrest warrant issued by the ICC. According to the ICC statement he faces “four counts of war crimes: rape, torture, outrages upon personal dignity and pillaging and two counts of crimes against humanity: rape and torture, committed on the territory of the Central African Republic (CAR) from 25 October 2002 to 15 March 2003”. The alleged crimes arise from the involvement of Bemba and his Movement de Libération du Congo (MLC) in the attempted coup d’état against former president Ange-Félix Patassé. Bemba, then one of the main warlords/rebel leaders in the DRC had been called in by Pattassé to help quell the insurrection.

 

Having been provided with preliminary evidence by the prosecutor on 16 May 2008 to motivate the issuance of an arrest warrant, the ICC’s Pre-Trial Chamber III, found that there are reasonable grounds to believe that in the context of the protracted armed conflict in the CAR, MLC forces led by Bemba carried out a widespread or systematic attack against a civilian population during which war crimes and crimes against humanity were committed in, but not limited to, the localities of PK 12, Bossongoa and Mongoumba.

 

The arrest is significant for at least four reasons. Firstly, if Bemba is tried by the ICC – as he certainly will - it marks the first time any of the main players in the DRC is to face trial for international crimes, whether committed at home or abroad. So far, the ICC had indicted only relatively low-profile players in the conflict in the DRC: Thomas Lubanga Dylo, Bosco Ntaganda, Germain Katanga and Mathieu Ngudjolo Chui. Bemba’s arrest, although an important step in the fight against impunity in Africa is unlikely to sit well with other DRC leaders of similar stature. It may be recalled that Bemba was on of the four deputy presidents in the recent transitional government in the DRC and came close to capturing the presidency in a closely contested election in 2007.

 

Secondly, it is the first time the ICC will be trying an individual for crimes committed in a country other than his own. Article 17 of the Rome Statute establishing the ICC provides a basis for the court’s jurisdiction in such cases. So far, indictments issued by the ICC (Pre-Trial Chamber I and II) relating to the DRC and Northern Uganda cover crimes committed by nationals of respective countries at home. There have been questions in the past relating to the silence of the ICC Prosecutor on the situation in the CAR. The arrest warrant for Bemba was a closely guarded secret. Since announcing his decision to initiate an investigation in the CAR on 22 May 2007, the prosecutor had remained tight-lipped on these investigations. Perhaps for this reason, public discussion has largely been focused on the situation in Uganda and the DRC.

 

Thirdly, Bemba’s arrest underscores the centrality of cooperation to the success of the ICC and any other international or national tribunal charged with prosecution of individuals for international crimes. Moreno Ocampo, the ICC prosecutor underscored this after Bemba’s arrest when he said “this arrest was a complex and well-prepared operation”. Ocampo proceeded to thank “all countries involved (in tracing and arresting Bemba), including Belgium, which immediately executed the arrest warrant in accordance with their obligations under the Rome Statute.”

 

Fourthly, from whatever perspective this event is seen – perhaps as an opportunistic move by the ICC – it sends a strong message that perpetrators of genocide, war crimes, crimes against humanity and other serious atrocities may no longer have refuge. It is unlikely that the leadership and other likely suspects in the DRC will not regard these developments with some concern. In an interview in Portugal in 2007 after he fled the DRC, Bemba had confidently stated that he had nothing to worry about in as far as the ICC is concerned. Anneke Van Woudenberg of Human Rights Watch remarked soon after news of Bemba’s arrest broke, that “this shows no one is beyond the reach of the law”. “Anyone in Congo that has committed serious human rights abuses should take note,” she said. It is notable that many high-ranking members of the transitional government and the current government in the DRC once led powerful rebel movements in the armed conflict in the DRC in which egregious violations were committed.

 

The arrest and possible prosecution of Bemba – unthinkable only a year ago while he was in the thick of Congolese politics – provides one important lesson on how to deal with influential leaders suspected of atrocities in delicate transitional contexts. In societies such as the DRC, the relationship between justice and peace (oftentimes wrongly formulated in opposing rather than complementary terms) is of key importance. Amnesty – a highly problematic option in view of commitments to combat impunity – is perhaps sometimes too quickly proposed as a panacea for peace in situations where it is feared that putting influential people on trial may ‘rock the boat’ and jeopardise fledgling peace. This case shows that patience by the local and international community may be the ultimate strategy and should be urged in cases where immediate prosecutions are impractical or imprudent. However, one must note that context is important, and sometimes it is a matter of available opportunities – and chance. There has been no reaction as yet from president Joseph Kabila`s government. Kabila is however likely to quietly celebrate this development which effectively removes his archrival – perhaps permanently – from the Congolese political scene. We are also unlikely to witness armed reaction from the MLC such as that witnessed after Bemba’s loss in the runoff of the presidential election in 2007.

 

While this development is celebrated, one cannot immediately gauge the effect the arrest will have in the DRC, in particular, whether rebel-leader Laurent Nkunda and others involved in the continuing skirmishing in Eastern DRC will be persuaded to shun war. The prosecutor of the ICC has repeatedly emphasised the deterrent function of the ICC and stated that he would be happy if the ICC did not prosecute anyone – either because national courts do this work or that no more atrocities are committed.  Whatever the case, the arrest of Bemba may have either of two effects – cause Nkunda and any others still involved in conflict in the DRC to down their weapons; or due to fear of arrest or outright disdain for the distant ICC, they may continue their campaign unconcerned with the ever-resounding chants for peace. Bemba’s arrest - like others before him – should remind them the wheels of justice grind slowly, but surely.

 

Godfrey Musila, Senior Researcher, International Crime in Africa Programme, ISS Tshwane (Pretoria)