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| May 25, 2008 |
What is the International Criminal Court?
The International Criminal Court (ICC) was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression, although it cannot currently exercise jurisdiction over the crime of aggression. The Court came into being on July 1, 2002 - the date its founding treaty, the Rome Statute of the International Criminal Court, entered into force- and it can only prosecute crimes committed on or after that date.
As of May 2008, 105 states are members of the Court; Madagascar will become the 106th state party on 1 June 2008.A further 40 countries have signed but not ratified the Rome Statute. However, a number of states, including China and the United States, are critical of the Court and have not joined.
The Court can generally exercise jurisdiction only in cases where the accused is a national of a state party, the alleged crime took place on the territory of a state party, or a situation is referred to the Court by the United Nations Security Council. The Court is designed to complement existing national judicial systems: it can exercise its jurisdiction only when national courts are unwilling or unable to investigate or prosecute such crimes. Primary responsibility to investigate and punish crimes is therefore reserved to individual states.
To date, the Court has opened investigations into four situations: Northern Uganda, the Democratic Republic of the Congo, the Central African Republic and Darfur. The Court has issued public arrest warrants for eleven people; six of them remain free, two have died, and three are in custody, awaiting trial.
The official seat of the Court is in The Hague, Netherlands, but its proceedings may take place anywhere. The ICC is sometimes referred to as a "world court"; it should not be confused with the International Court of Justice, also known as the World Court, which is the United Nations organ that settles disputes between nations.
Press Release - ICC Arrests Jean-Pierre Bemba - massive sexual crimes in Central African Republic will not go unpunished
The Hague, 24 May 2008
ICC-OTP-20080524-PR316_ENG
Jean-Pierre Bemba, charged by the ICC for crimes against humanity and war crimes committed in Central African Republic, was today arrested in the suburbs of Brussels, Belgium.
Mr. Bemba is chairman of the Mouvement de Liberation du Congo (MLC), an armed group which intervened in the 2002-2003 armed conflict in Central African Republic (CAR) and pursued a plan of terrorizing and brutalizing innocent civilians, in particular during a campaign of massive rapes and looting. Mr Bemba had already used the same tactics in the past, in CAR, in the DRC, always leaving a trail of death and destruction behind him.
He is the first person arrested in the context of the ICC investigation in CAR which was opened by Prosecutor Luis Moreno-Ocampo in May 2007. Further investigations are proceeding.
"This arrest was a complex and well-prepared operation'' said Prosecutor Moreno-Ocampo. "We are grateful to all countries involved, including Belgium which immediately executed the Arrest Warrant in accordance with their obligations under the Rome Statute. I am thankful to all those who assisted in tracing Mr. Bemba, to avoid any possibility of his escaping international justice"
The number of rapes carried out with shocking brutality is a particular feature of this case. "He had done it before in CAR, he had done it before in the DRC. He had to be stopped." said Prosecutor Moreno-Ocampo.
The Office of Prosecutor presented evidence against Mr. Jean-Pierre Bemba to the judges of the International Criminal Court on 16 May 2008, charging him with crimes against humanity and war crimes.
The Pre-Trial Chamber issued a warrant of arrest on 23 May 2008. This arrest warrant remained under seal until his arrest on 24 May 2008.
"Mr. Bemba's arrest is a warning to all those who commit, who encourage, or who tolerate sexual crimes. There is a new law called the Rome Statute. Under this new law, they will be prosecuted" said the Prosecutor.
"There are no excuses for hundreds of rapes. There are no excuses for the rape of a little girl, with her parents watching. There are no excuses for commanders ordering, authorizing or acquiescing to the commission of rapes and looting by their forces. We have evidence that Mr Bemba committed crimes.. With the Rome Statute, nobody is beyond the reach of international criminal justice. Nobody can side with the criminals and against the victims. Bosco Ntaganda, who committed crimes in Ituri and continues to commit crimes today in the Kivus, Joseph Kony of Uganda's Lord's Resistance Army, Ahmed Harun, Minister of Humanitarian Affairs for the Sudan, will also end up in jail.
"I went to CAR, I met the victims, those who survived the violence, those who survived AIDS. We cannot erase the scars. But we can give them justice. Their testimonies will be strong evidence for the Prosecution. The victims will tell their stories in Court, this power will be theirs."
"Jean-Pierre Bemba is the fourth person to be arrested by the ICC. On June 5, I will report to the UNSC regarding crimes and destruction of entire communities in Darfur. Our first trial focusing on child soldiers is about to start. We continue to monitor situations around the world where crimes within the jurisdiction of the ICC appear to be committed, from Colombia to Afghanistan. International Justice is in motion."