ICC Trial Chamber III declares Jean-Pierre Bemba Gombo guilty of war crimes and crimes against humanity. Today, 21 March 2016, Trial Chamber III of the International Criminal Court (“ICC” or “Court”) declared, unanimously, Jean-Pierre Bemba Gombo guilty beyond any reasonable doubt of two counts of crimes against humanity (murder and rape) and three counts of war crimes (murder, rape, and pillaging). The crimes were committed in Central African Republic (“CAR”) from on or about 26 October 2002 to 15 March 2003 (“2002-2003 CAR Operation”) by a contingent of Mouvement de Libération du Congo (“MLC”) troops. Mr Bemba was a person effectively acting as a military commander with effective authority and control over the forces that committed the crimes.  ICC Trial Chamber III is composed of Presiding Judge Sylvia Steiner (Brazil), Judge Joyce Aluoch (Kenya) and Judge Kuniko Ozaki (Japan). The parties (the Prosecution and the Defence) may appeal the decision of conviction within thirty days, in accordance with the Rome Statute and the Rules of Procedure and Evidence, in which case the matter will be put to the Appeals Chamber composed of five judges. Factual findings The Chamber found that Mr Bemba, a Congolese citizen, was the MLC President and the Commander-in-Chief of the Armée de Libération du Congo (“ALC”), the organization’s figurehead, and source of its funding, goals, and aims. An MLC contingent of three battalions totalling around 1,500 men was deployed by Mr Bemba to CAR in 2002 at the request and in support of former CAR President Ange-Félix Patassé to counter forces loyal to former Chief of Staff of the Forces armées centrafricaines (“FACA”), General François Bozizé.  The Chamber concluded, based on the evidence before it, that the conflict in the Central African Republic from on or about 26 October 2002 to 15 March 2003 was an armed conflict between the Central African governmental authorities, supported by other forces, including the MLC, on the one hand, and the organized armed group of General Bozizé’s rebels, composed of various former FACA soldiers and some Chadian nationals, on the other. The Chamber also concluded that the MLC soldiers directed a widespread attack against the civilian population in the Central African Republic throughout the period of the charges. MLC soldiers committed many acts of pillaging, rape, and murder against civilians, over a large geographical area, including in and around Bangui, PK12, PK22, Bozoum, Damara, Sibut, Bossangoa, Bossembélé, Dékoa, Kaga Bandoro, Bossemptele, Boali, Yaloke, and Mongoumba. The Chamber found that acts of murder, rape, and pillaging were committed consistent with evidence of a modus operandi apparent from the earliest days and employed throughout the 2002-2003 CAR Operation: after General Bozizé’s rebels had departed an area, MLC soldiers searched “house-to-house” for remaining rebels, raping civilians, pillaging their belongings, and, on some occasions, killing those who resisted. Personal liability The Chamber concluded beyond reasonable doubt that Jean-Pierre Bemba Gombo was a person effectively acting as a military commander (Article 28(a) of the ICC Rome Statute), who knew that the MLC forces under his effective authority and control were committing or about to commit the crimes charged. Additionally, he failed to take all necessary and reasonable measures to prevent or repress the commission of crimes by his subordinates during the 2002-2003 CAR Operation, or to submit the matter to the competent authorities.  Further, the Chamber found beyond reasonable doubt that the crimes against humanity of murder and rape, and the war crimes of murder, rape, and pillaging committed by the MLC forces in the course of the 2002-2003 CAR Operation were a result of Jean-Pierre Bemba Gombo’s failure to exercise control properly. Sentencing and victims’ reparations Trial Chamber III will decide on the procedure to be followed for sentencing, after hearing the parties and the Legal Representative of Victims. Issues related to the procedure for victims’ reparations will be addressed in due course. Background On 24 May 2008, Jean-Pierre Bemba Gombo was arrested by the Belgian authorities, pursuant to a warrant of arrest issued by the Court, and was surrendered to the Court on 3 June 2008. On 15 June 2009, Pre-Trial Chamber II confirmed the charges against Mr Bemba. On 22 November 2010, the trial commenced with the parties and participants making their opening statements. T he presentation of evidence commenced on 23 November 2010. The Prosecution, the Defence, and the Legal Representative of Victims made their closing oral statements on 12 and 13 November 2014. The Chamber granted 5229 persons the status of victims authorised to participate in the proceedings. Throughout the proceedings, the Chamber issued 1219 written decisions, orders, notifications, and cooperation requests as well as 277 oral decisions and orders. The Chamber admitted a total of 733 items of evidence, including 5724 pages of documents. The Chamber sat for 330 working days and heard 77 witnesses, including 40 witnesses called by the Prosecution, 34 called by the Defence, 2 witnesses called by the Legal Representative of Victims and one witness called by the Chamber. The Chamber also permitted three victims to directly present their views and concerns.    

In 2015, for the first time in the history of European migration policy, the European Commission proposed to relocate 160,000 people in clear need of international protection from Member States under extreme pressure to other Member States of the European Union. At the same time, the Commission recommended an EU resettlement scheme for 20,000 people in need of international protection. The Commission is reporting today on the implementation of the temporary emergency relocation schemes and the European resettlement scheme. The report summarises the challenges and proposes recommendations. Commissioner for Migration, Home Affairs and Citizenship, Dimitris Avramopoulos said: “EU Member States have made a legal commitment to relocate 160,000 people in clear need of international protection – a commitment they have reaffirmed on several occasions. With the humanitarian situation in Greece getting more acute every day, Member States urgently need to deliver on their commitments and prevent a further deterioration of the situation for refugees in Greece. We need to see a substantial increase in relocations in the coming days and weeks. Member States also need to provide alternative safe and legal routes to Europe for people in need of international protection and to show solidarity with third countries affected by the refugee crisis through a significant increase in EU resettlement efforts.” Relocation: time for real commitments With 937 asylum applicants relocated from Greece and Italy as of 15 March, the pace of transfers is unsatisfactory – although there are now the first signs of a more positive trend. The experience of the first weeks of March, where 287 people were relocated swiftly (including 241 from Greece) shows that relocation can work faster if Member States are truly committed. The lack of political will among Member States has been the most important factor in slowing down the process. This has meant a limited number of relocation pledges or lengthy response times – undermining the ability of the programme to become an alternative to dangerous and irregular routes. Determined action by Member States is urgently needed. Currently, the total number of persons ready to be relocated exceeds the pledges made by Member States. In order to meet the commitments made so far under the relocation scheme, around 5,600 relocations per month should be achieved as a minimum. This implies a relocation procedure of a maximum period of two weeks. Based on this assessment, the European Commission calls for at least 6,000 relocations to be completed by the time of the next monthly report.  In view of the emergency situation on the ground, it then calls for a stepping up of the rate so that by the time of the third monthly report in May, at least 20,000 relocations should have been completed. In today’s report, the Commission makes several specific recommendations to the Member States of relocation, asking them to increase their pledges and shorten the time needed to process applications. The European Commission also calls on Member States to limit additional security checks to justified cases only, to provide pre-departure information packs and to respond as soon as possible to the European Asylum Support Office’s calls for experts. Member States should only indicate selection preferences to improve the matching process for better integration, not as grounds for rejecting relocation requests. Greece and Italy are called upon to step up efforts from their side to ensure a speedy and efficient functioning of the scheme, particularly regarding systematic security checks and the quality of the information sent to Member States of relocation. The two countries should also improve their coordination capacity, enhance their reception capacity, avoid the risks of candidates absconding and improve the procedures for unaccompanied minors. Resettlement: a coordinated approach at EU level Member States have to urgently step up the ongoing resettlement efforts to ensure an orderly, well managed and safe arrival and admission of persons in need of international protection to Europe from third countries. 4,555 displaced people in need of protection were resettled as of 15 March to 11 countries. Most of the participating countries have resettled Syrians staying in Jordan, Lebanon and Turkey. In addition to this framework, some countries are also running their own separate resettlement schemes. The main challenges identified by today’s report are linked to the differences in selection criteria, length of procedures, integration tools or number of places available between Member States. Problems also arise from the lack of reception capacity, and from the delays caused by exit clearances in third countries. The Commission is calling for the exchange of best practices and experiences among the resettling countries to be stepped up, in particular for those countries engaging in resettlement for the first time. In addition, Member States should continue work on the voluntary humanitarian admission scheme for Syrian Refugees in Turkey, proposed by the Commission on 15 December 2015. Concrete political commitments are needed on the start date of the scheme, its scale and the distribution model from the Member States and Dublin Associated States interested in taking part in the scheme. In the meantime, Standard Operating Procedures for the scheme are being finalised to ensure swift implementation following a political agreement.  

President Htin Kyaw. By Jurej Kralj. 15 March 2016, Naypyidaw: In a historic parliamentary election, bringing an end to decades military rule, the Hluttaw (Parliament) elected Htin Kyaw as the new (and most importantly first civilian since 1962) President of Myanmar. The election was the first consultation of the will of the voters since a poll organised in 1990, which was subsequently annulled and its presumed winners placed under arrest by the military junta. Amongst the people arrested at the time was the National League for Democracy (NLD) leader Aung San Suu Kyi, barred from being a candidate for the position of president due to a constitutional provision many believe was put in place specifically to prevent her accession to office. The new president is expected to act as her proxy, since The Lady, as she’s referred to in Myanmar, has clearly affirmed that she will be above the president. U Htin Kyaw is deemed as a confidant of Aung San Suu Kyi.  For more information: President of Myanmar: www.president-office.gov.mm Htin Kyaw: https://en.wikipedia.org/wiki/Htin_Kyaw Mission of Myanmar to the Benelux countries and the EU (HE Ambassador Paw Lwin Sein):  http://www.embassyofmyanmar.be Picture by Reuters.