mialattanzi:
How will Bemba’s acquittal impact standards of adequate notice for charges brought against the accused in the Pre-Trial and Trial Chambers?
I.
Introduction
The International Criminal Court (ICC) is uniquely positioned as both a court of international justice and individual criminal responsibility. Along with the
ICC’s
mission to pursue the “most serious crimes of concern to the international community...(more)
ericsezgen:
I.
Introduction
The International Criminal Court (ICC) overturned the decision by the Trial Chamber in the case against Jean-Pierre Bemba Gombo. The decision itself has evoked criticism. The
ICC
acquitted a head of state and an accused war criminal by a narrow majority decision.1
One question that naturally arises from a split decision that creates controversy is what the implications of such a decision means for the...(more)
Chayadembitzer:
The
Bemba
Decision and its Impact on the Command Responsibility Doctrine
In 2018, the International Criminal Court (ICC) issued a decision that arguably “transformed [the doctrine of] command responsibility into an admonition with little effect.”1
The command responsibility doctrine holds superior officers responsible for the orders they give to subordinates. Under that doctrine, commanders can be held responsible for issuing...(more)
nadadur2020:
After the
Bemba
Appeals Chamber Decision, Will it be Harder to Secure Convictions for Command Responsibility in
SGBV
Crimes?
I.
Introduction
In March 2016, former Vice President of the Democratic Republic of Congo Jean-Pierre Bemba Gombo was found guilty by the International Criminal Court’s (ICC) Trial Chamber of command responsibility for crimes against humanity and war crimes, including rape....(more)
FT2019:
The Appeals Chamber of the
ICC: How a new Standard of Appellate Review and Onerous Standard of Proof will Impact Future Prosecutions of
SGBV
Crimes
I.
Introduction
In many ways, the advent of the
Rome Statute
and the creation of the
ICC
served as a beacon of hope to victims of
SGBV
crimes, advocates for justice, and legal scholars. Never before...(more)
daley2019:
The Blueprint for Immunity: The Appeals Chamber’s Interpretation of Article 28(a)(ii) of the
Rome Statute
I.
Introduction
In 2016, the Trial Chamber of the International Criminal Court convicted Jean-Pierre Bemba Gombo, a politician-warlord from the Democratic of Congo. Two years after that conviction and ten years after the beginning of proceedings, the Appeals Chamber of the International Criminal Court overturned...(more)
ahoskins:
After
Bemba: Article 28 of the
Rome Statute
and the Requirement of Causation
I.
Introduction
On June 6, 2018, the Appeals Chamber of the International Criminal Court (ICC) overturned the conviction of Jean-Pierre Bemba Gombo on the charges of crimes against humanity and war crimes in a split decision. This sent shock waves through the international criminal justice community and has raised a whole host of...(more)
DCG:
Seeking Clarity: Assessing Questions of Remoteness Post Bemba
I.
Introduction
In what seemed like a landmark victory, the Trial Chamber of the International Criminal Court (ICC) convicted Jean-Pierre Bemba Gombo (Bemba) of murder, rape, and pillaging as war crimes and murder and rape as crimes against humanity in 2016.1
Bemba was the Congolese vice president and commander of the Mouvement pour la Libération du Congo (MLC)....(more)
Belinda Hyland:
The Impact of the Bemba Appellate Judgment on Future Prosecution of Crimes of Sexual and Gender-Based Violence at the
ICC
I.
Summary
March 2016 marked a monumental triumph for victims of sexual and gender-based violence (SGBV). On March 21, 2016, the Trial Chamber of the
ICC
issued a decision convicting Jean-Pierre Bemba Gombo under
Article 28(a) of the
Rome Statute
for the...(more)
f.petkovich:
The
ICC
Appeals Chamber’s
Bemba
Judgment—A Necessary Contextualization of Article 28’s
Actus Reus
Element
Introduction
Designed to ensure compliance with international law, the legal doctrine of command responsibility holds military commanders responsible for any war crimes committed by their subordinates in combat zones.1
With the codification of command responsibility...(more)
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