ICC Sentences Jean-Pierre Bemba to Eighteen Years for War Crimes and Crimes Against Humanity (June 21, 2016) [1]
On June 21, 2016, the International Criminal Court sentenced [3] Jean-Pierre Bemba Gombo to eighteen years’ imprisonment. The sentence follows Bemba’s March 21, 2016 conviction [4] on two counts of crimes against humanity (murder and rape) and three counts of war crimes (murder, rape, and pillaging). In the trial’s guilt phase, the Court found that Bemba effectively acted as a military commander and knew that the soldiers under his effective authority and control were committing or about to commit the charged crimes. In determining Bemba’s sentence, the Court balanced the gravity of the crimes; the gravity of Bemba’s culpable conduct; and his individual circumstances, including aggravating and mitigating circumstances. The Court found that the crimes and Bemba’s culpable conduct were of serious gravity, that the crime of rape was committed against “particularly defenceless victims,” and that the crimes of rape and pillage were committed with “particular cruelty.” Bemba received a separate sentence for each crime. However, the Court determined that the highest sentence imposed (eighteen years for rape) reflected “the totality of Mr. Bemba’s culpability” and that the sentences were to run concurrently. Additionally, the Court ordered that time already served in detention, since May 24, 2008, be deducted from the eighteen-year sentence. The sentence may be appealed on the grounds of disproportion between the crime and the sentence. Reparations to victims under Article 75 of the Rome Statute [5] will be addressed in a subsequent phase of the proceedings.