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ICC orders conditional release of Congo rebel leader Bemba

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The International Criminal Court (ICC) on Friday ordered the conditional release of former Democratic Republic of Congo (DCR) rebel leader Jean Pierre Bemba, a decision which Chief Prosecutor Luis Moreno-Ocampo announced he would appeal. The court found no evidence to suggest that Bemba would pose a danger, interfere with court proceedings, or fail to appear for trial. Bemba's defense counsel welcomed the court's ruling, but his release will be delayed indefinitely, as states that have been identified as potential hosts for Bemba have expressed concern about his presence. The prosecution is set to present arguments against his release on August 24. Last month, the ICC ordered Bemba to stand trial for the alleged commission of violent war crimes. The prosecution contends that Bemba's actions in the Central African Republic (CAR) as military leader of the Congo Liberation Movement (MLC) from October 2002 to May 2003 amount to war crimes and crimes against humanity. Bemba was arrested in Belgium after the ICC issued a warrant for his arrest in May 2008 for his actions in the CAR. He was indicted on charges of war crimes and crimes against humanity and transferred to the ICC in July 2008. The proceedings against Bemba were initially postponed, but the pre-trial hearing to determine what charges the rebel leader is to face commenced in January. Bemba was elected to the Congolese Senate after losing a run-off presidential election to Joseph Kabila, who, in December 2006, became the first freely-elected president of the DRC since 1960. After the election, Bemba's private militia force led a violent campaign against government troops until the DRC Supreme Court rejected his election challenge.

Full post as published by JURIST - The Paper Chase on August 14, 2009 (boomark / email).