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Jean-Pierre Bemba

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In this Congolese name, the surname is Bemba and the post-surname is Gombo.

Jean-Pierre Bemba Gombo (born 4 November 1962)[1] is a politician in the Democratic Republic of the Congo (DRC). After he served as Deputy Prime Minister of Defense 2023 to 2024, he was moved to the Deputy Prime Minister of Transportation.[2][3][4] He was previously one of four vice-presidents in the transitional government of the Democratic Republic of the Congo from 17 July 2003 to December 2006.[5] He led the Movement for the Liberation of the Congo (MLC), a rebel group turned political party. He received the second-highest number of votes in the 2006 presidential election. In January 2007, he was elected to the Senate.

Jean-Pierre Bemba
Bemba in 2005.
Bemba in 2005.
Deputy Prime Minister
Minister of Transportation
Incumbent
Assumed office
12 June 2024
PresidentFélix Tshisekedi
Prime MinisterJudith Suminwa Tuluka
Deputy Prime Minister
Minister of Defense
In office
23 March 2023 – 12 June 2024
PresidentFélix Tshisekedi
Prime MinisterSama Lukonde
Preceded byGilbert Kabanda Rukemba
Succeeded byGuy Kabombo Muadiamvita
Vice President of the Democratic Republic of the Congo
In office
17 July 2003 – 6 December 2006
PresidentJoseph Kabila
Preceded byPosition established
Succeeded byPosition abolished
Personal details
Born
Jean-Pierre Bemba Gombo

(1962-11-04) 4 November 1962 (age 62)
Bokada, Equateur Province, Republic of the Congo
NationalityCongolese
Political partyMovement for the Liberation of the Congo
Parent
Alma materICHEC Brussels Management School
OccupationPolitician

In 2008, during a trip to Europe, Bemba was arrested on International Criminal Court charges of crimes against humanity and war crimes.[6] He spent the following 10 years in prison at The Hague, The Netherlands; 8 years awaiting trial and verdict, then 2 more years after conviction in 2016.[7] In 2018, the verdicts were overturned on appeal.[8] The court ruled that because the Rome Statute which sets the court's rules does not limit the amount of time a person can spend in prison awaiting trial, Bemba was not entitled to compensation. It called on member states to urgently review the relevant provisions in the statute.[9] No such review has yet taken place. In 2018, Bemba returned to the DRC where he has since been active in national politics.[10]

Background

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Bemba was born in Bokada, Nord-Ubangi.[1] His father, Jeannot Bemba Saolona, was a businessman who was successful under Zairian President Mobutu Sese Seko. His sister, Catherine Bemba, is married to Mobutu's son, Nzanga Mobutu, who was also a candidate in the 2006 presidential election.[11]

Bemba attended boarding school in Brussels and later studied economics at the ICHEC Brussels Management School.[12]

MLC rebel years

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The MLC movement started in the Orientale Province of the DRC in 1998 at the beginning of the Second Congo War. Said Bemba of its founding: "I had identified the possibility of launching an armed movement. So I went looking for serious partners. There were two countries in the region that were interested but I chose to present my dossier to the Ugandans. They liked it and so I went in."[13] Between October 2002 and February 2003, the MLC had carried out an ethnic cleansing of 40% of pygmies in eastern Congo known as the operation Effacer le tableau.[14]

Involvement in the Central African Republic

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In 2002, President Ange-Félix Patassé of the Central African Republic invited the MLC to come to his country and put down a coup attempt. Human rights activists accused MLC fighters of committing atrocities against civilians in the course of this conflict.

Interim government

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In 2003, Bemba became one of four vice-presidents during the interim government that lasted from 2003-2006.[15]

2006 Presidential election

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Meeting between Indian Minister of External Affairs Natwar Singh and Bemba in New Delhi on 3 March 2005

Bemba was one of 33 candidates who ran in the Congolese presidential election on 30 July, 2006. His main campaign slogan — "One Hundred Percent Congolese" — was widely perceived as an attack on front-runner President Joseph Kabila.[16]

Bemba received substantial support in the western, Lingala-speaking portion of the country, including the capital, Kinshasa.[17] Following the vote there was significant tension as to whether Kabila would win a majority of the vote, avoiding a runoff against Bemba, who was perceived as Kabila's main opponent.[18] However, results announced on 20 August gave Kabila 44% of the vote and Bemba 20%,[17]

On 21 August 2006, while accompanied by 14 ambassadors of CIAT members (International Committee in charge of the Transition), including ambassadors from the United States of America, The UK, France (Bernard Prévost) and Belgium (Johan Swinnen), and from MONUC, US diplomat William L. Swing, Bemba survived an assassination attempt by the Presidential Guard bombing his residence in Gombe. The ambassadors were forced to seek refuge in a cellar.[19][circular reference][20]

Kabila and Bemba faced each other in a second round, held on 29 October. The electoral commission announced the official results on 15 November, naming Kabila the winner with 58.05% of the vote; Bemba's supporters alleged fraud.[21]

On 27 November 2006, the Supreme Court of the DRC rejected the fraud charges brought by Bemba, and confirmed Kabila as the new elected Congolese President.[22] A day later, Bemba said that he disagreed with the court's decision, but that "in the greater national interest and to preserve peace and to save the country from chaos and violence", he would participate in the system by leading the political opposition.[23][24] He did not attend Kabila's swearing-in ceremony on 6 December. On 8 December, the MLC announced that Bemba would run for a Senate seat from Kinshasa in the January 2007 senatorial election,[25] and he succeeded in winning a seat.[26]

 
Meeting between Bemba and Indian Vice President Bhairon Singh Shekhawat in New Delhi on 3 March 2005

March 2007 violence

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A further attempt on Bemba's life in March 2007 led to an outbreak of fighting near Bemba's residence.[27] A number of soldiers and civilians were reported killed. Bemba called for a ceasefire and negotiations and took refuge in the South African embassy.[28] As fighting continued on 23 March, it was announced that a warrant for Bemba's arrest had been issued, accusing him of high treason.[29][30] Although Bemba enjoyed immunity as a senator, the country's chief prosecutor said that he would ask parliament to remove it.

On 26 March, Kabila said that security could not be guaranteed through negotiation and referred to the importance of restoring order. Bemba warned of a potential for dictatorship and foreshadowed his retreat into exile, citing security concerns.[31]

Late in the month it was reported that Bemba planned to travel to Portugal for treatment of a broken leg; he had already received treatment for his leg there in previous months. The Portuguese ambassador subsequently said on 30 March that Bemba was expected to go to Portugal for treatment, but was not going into exile there.[32] On 9 April, the Senate approved the trip, for a period of 60 days.[33][34] On 11 April, Bemba left the South African embassy and was taken to the airport by U.N. MONUC forces, then flown out of the country to Portugal,[35] along with his wife and children.[34] On 12 April, the attorney general, Tshimanga Mukeba, said that he had asked the Senate to remove Bemba's immunity.[36]

Following the outbreak of violence in March, Bemba's party, the MLC, said that it was being targeted by the government through arrests and intimidation, and that its headquarters was occupied by government forces.[37] On 13 April, the party suspended its participation in the National Assembly due to this intimidation and insecurity.[38]

In the first half of June, it was reported that, despite the expiration of the 60 days prescribed by the Senate, Bemba would not return to the DRC due to safety concerns.[39] According to MLC executive secretary Thomas Luhaka, Bemba was medically able to return and take part in politics again, and Luhaka called for a political solution to facilitate his return. Without Senate permission to be absent, he would automatically lose his seat if absent from over a quarter of Senate sessions, unless the absences were justified.[40] On 15 June, the Senate extended Bemba's permitted absence until 31 July, following a request from Bemba in a 12 June letter in asking for more time. In this letter he expressed a readiness to return and take part in politics, but also expressed concerns about his safety.[41][42]

On 13 July, Bemba met with Louis Michel, the European Commissioner for Development & Humanitarian Aid. According to Michel, Bemba "intends to give the presidential majority the benefit of the doubt" and would not do or say anything "that could be taken as an attempt at destabilisation".[43] He did not return by the deadline on 31 July, with a spokesman citing continued security concerns; the Senate was then in recess until 15 September,[44] and Senate President Kengo wa Dondo said that Bemba would not be penalized for being away during this period because the Senate was not in session.[45] In a statement published on 1 August, Bemba said that he wanted to return before 15 September.[46]

It was announced on 7 September that Bemba had met with National Assembly President Vital Kamerhe in Portugal to discuss his potential return.[47] In November 2007, he visited Belgium and met with Belgian Foreign Minister Karel De Gucht on 5 November.[48]

In a March 2008 interview, Bemba said that he was in "forced exile" and that it seemed the government was moving towards a dictatorship.[49]

Arrest and trial

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On 24 May 2008, Bemba was arrested near Brussels.[50][51][52] He was handed over to the ICC on 3 July, 2008 and transferred to its detention centre in the Hague.[53] He was the only person arrested in connection with the ICC's investigation in the Central African Republic.[51] The Supreme Court of the Central African Republic found no basis to pursue cases against Bemba and former CAR President Ange-Félix Patassé.[54]

The trial of Bemba began on 22 November 2010[55][56] and lasted four years. The prosecutor was Fatou Bensouda. Two more years passed before the verdict was given.[57]

On 21 March 2016, he was convicted on two counts of crimes against humanity and three counts of war crimes.[57] This marked the first time the International Criminal Court (ICC) convicted someone of sexual violence.[58] The trial evaluated a theory of criminal responsibility related to whether a remote commander who failed to prevent or punish crimes was liable for crimes against humanity and war crimes.[59]

On 21 June 2016, the ICC sentenced Bemba to 18 years in prison for war crimes and crimes against humanity committed by his Congolese Liberation Movement (MLC).[60] In March 2017 he was sentenced to an extra year in prison and fined 300,000 euros ($324,000) by the ICC for interfering with witnesses in his trial.[61]

Appeal

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On 28 September 2016, Bemba served the ICC appeals chamber with an appeal against his 18-year conviction citing numerous procedural and legal errors in the judgment, and alleging a mistrial.[62][63] The appeal centered on whether Bemba had a fair trial, with concerns about the need for greater specificity in criminal charges.[59] The conviction was overturned on 8 June, 2018[64] by Judge Christine Van den Wyngaert. She said he cannot be held responsible for the actions of his men, and that the lower court "ignored significant testimonial evidence that Bemba's ability to investigate and punish crimes in the CAR was limited".[65]

The court ruled that because the Rome Statute which sets the court's rules does not limit the amount of time a person can spend in prison awaiting trial, Bemba was not entitled to compensation. It called on member states to review urgently the relevant provisions in the statute[9] No such review has yet taken place.

On 4 May 2017 Bemba had also filed an appeal against his conviction for interfering with witnesses, alleging factual and legal errors on the part of the trial chamber and illegal investigative activity by the ICC Office of the Prosecutor.[66]

2018 to present

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On 1 August 2018, Bemba returned to the DRC after 11 years of exile and imprisonment.[67][68] He attempted to run for President of the Democratic Republic of the Congo in the 2018 election, and was considered by some to be the strongest opposition candidate.[69][70] He was barred from running after a review conducted by the country's Independent National Electoral Commission.[70] He joined other opposition leaders in an agreement to support candidate Martin Fayulu,[71][72] who became the subject of a dispute over the election's results—winning according to journalists analyzing data apparently leaked from the electoral commission and the Catholic Church's observation mission,[73][74] but losing to Félix Tshisekedi according to the election commission's official results.[75][76] As of 2023, Bemba was active in national DRC politics.[77] On 23 March 2023, Tshisekedi named Bemba Minister of Defence in a cabinet reshuffle.[78]

See also

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Notes and references

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  1. ^ a b "Situation In The Central African Republic In The Case Of The Prosecutor V. Jean-Pierre Bemba Gombo — Under Seal Urgent Warrant Of Arrest For Jean-Pierre Bemba Gombo". International Criminal Court. 23 May 2008. ICC-01/05-01/08-1-tENG-Corr. Retrieved 3 June 2017.
  2. ^ "Former rebel leader is named Congo's new Defense Minister". 24 March 2023.
  3. ^ "Former rebel leader is named Congo's new Defense Ministern". Associated Press. 23 March 2023. Retrieved 24 March 2023.
  4. ^ "Congo: PM Tuluka announces long-awaited new government – DW – 05/29/2024". dw.com. Retrieved 1 June 2024.
  5. ^ "DR Congo former warlords says he would back opposition candidate". 98.4 Capital FM through Agence France-Presse. 17 September 2018. Retrieved 18 September 2018.
  6. ^ Press releaseInternational Criminal Court Archived 8 January 2009 at the Wayback Machine
  7. ^ Burke, Jason (21 June 2016). "Jean-Pierre Bemba sentenced to 18 years in prison by international criminal court". The Guardian.
  8. ^ Bowcott, Owen (8 June 2018). "Jean-Pierre Bemba's war crimes conviction overturned". The Guardian.
  9. ^ a b "International Criminal Court rejects Ex-Congolese VP's damages claim". Reuters. 18 May 2020.
  10. ^ "DRC: Sacred Union members Tshisekedi, Bemba, Katumbi fail to reach an agreement". 15 January 2021.
  11. ^ Kurt Wagner, "Run-off ballot in the Congo", World Socialist Web Site, 25 August 2006.
  12. ^ Stearns, Jason K. (2011). Dancing in the glory of monsters: the collapse of the Congo and the great war of Africa (1st ed.). New York: PublicAffairs. ISBN 978-1-58648-929-8. OCLC 657595549.
  13. ^ Emizet F. Kisangani, "CONFLICT IN THE DEMOCRATIC REPUBLIC OF CONGO: A MOSAIC OF INSURGENT GROUPS", International Journal on World Peace, September 2003.
  14. ^ Minority Rights Group International, ["Erasing the Board: Report of the International Research Mission into Crimes Under International Law Committed Against the Bambuti Pygmies in the Eastern Democratic Republic of Congo"](https://minorityrights.org/resources/erasing-the-board-report-of-the-international-research-mission-into-crimes-under-international-law-committed-against-the-bambuti-pygmies-in-the-eastern-democratic-republic-of-congo/), *Minority Rights Group International*, n.d.
  15. ^ Amnesty International, "CAR: Acquittal of Bemba a blow to victims", Amnesty International, June 2018.
  16. ^ "Vote Count Continues in Congo Election", Washington Post, 15 August 2006.
  17. ^ a b "Frontrunners need alliances for 2nd round of presidential polls", IRIN, 22 August 2006.
  18. ^ "Tension ahead of election results", IRIN, 18 August 2006.
  19. ^ fr:Tensions Kabila-Bemba en 2006 et 2007
  20. ^ "Les partisans de Kabila et Bemba s'affrontent dans Kinshasa". La Croix. 23 August 2006. Retrieved 8 June 2018 – via www.la-croix.com.
  21. ^ BBC News (2006-11-15). "Kabila named DR Congo poll winner". BBC News, 15 November 2006. Retrieved from http://news.bbc.co.uk/2/hi/africa/6151598.stm.
  22. ^ "DRC: Supreme Court validates Kabila presidential victory", IRIN, 28 November 2006.
  23. ^ "DRC: Bemba condemns poll ruling but ready to lead opposition", IRIN, 28 November 2006.
  24. ^ "Bemba accepts DR Congo poll loss", BBC News, 28 November 2006.
  25. ^ "Bemba to run for Senate", AFP (IOL), 8 December 2006.
  26. ^ "Former DR Congo vice president wins seat in Senate", Xinhua (People's Daily Online), 21 January 2007.
  27. ^ "Sustained gunfire reported in Congo's capital", Associated Press (IOL), 22 March 2007.
  28. ^ "DR Congo rebel chief seeks refuge", BBC News, 23 March 2007.
  29. ^ "Bemba: Wanted for high treason" Archived 20 July 2006 at the Wayback Machine, Reuters (IOL), 23 March 2007.
  30. ^ "Warrant Issued for Former Warlord as Congo Fighting Continues", Associated Press (FOX News), 23 March 2007.
  31. ^ "Kabila defends use of force as clashes go on", AFP (IOL), 26 March 2007.
  32. ^ "Portugal accepts Bemba but not for exile", Reuters (IOL), 30 March 2007.
  33. ^ "Bemba 'free to leave' DR Congo" Archived 30 September 2007 at the Wayback Machine, Al Jazeera, 10 April 2007.
  34. ^ a b "Bemba arrives in Portugal", AFP (IOL), 12 April 2007.
  35. ^ "Bemba leaves DR Congo", Al Jazeera, 11 April 2007.
  36. ^ "DRC seeks to lift Bemba's immunity", DPA (IOL), 12 April 2007.
  37. ^ "DRC opposition party hits out at government", AFP (IOL), 9 April 2007.
  38. ^ "Bemba's party concerned about security", Reuters (IOL), 14 April 2007.
  39. ^ John James, "DR Congo's Bemba to stay abroad", BBC News, 10 June 2007.
  40. ^ "We want Bemba back, say DRC opposition", AFP (IOL), 11 June 2007.
  41. ^ "RDC: Jean-Pierre Bemba autorisé à prolonger son séjour au Portugal" Archived 30 September 2007 at the Wayback Machine, AFP (Jeuneafrique.com), 15 June 2007 (in French).
  42. ^ "Senate extends to 31 July Bemba’s stay in Portugal" Archived 29 May 2008 at the Wayback Machine, African Press Agency, 16 June 2007.
  43. ^ "Bemba wants to return to DRC", AFP (IOL), 14 July 2007.
  44. ^ Lubunga Bya'Ombe, "Bemba not ready to return to DRC", Reuters (IOL), 1 August 2007.
  45. ^ "DR Congo: Bemba’s sick leave expires abroad, but no penalty as senator" Archived 29 May 2008 at the Wayback Machine, African Press Agency, 1 August 2007.
  46. ^ "Jean-Pierre Bemba souhaite revenir en RDC avant le 15 septembre" Archived 30 September 2007 at the Wayback Machine, AFP (Jeuneafrique.com), 1 August 2007 (in French).
  47. ^ "Le président du parlement de RDCongo a rencontré Jean-Pierre Bemba au Portugal" Archived 10 September 2007 at the Wayback Machine, AFP (Jeuneafrique.com), 7 September 2007 (in French).
  48. ^ "Jean-Pierre Bemba en visite « privée » en Belgique depuis plusieurs jours" Archived 31 May 2008 at the Wayback Machine, afriquechos.ch, 7 November 2007 (in French).
  49. ^ "'DRC slipping into dictatorship'", Sapa-AFP (IOL), 22 March 2008.
  50. ^ International Criminal Court (24 May 2008). Jean-Pierre Bemba Gombo arrested for crimes allegedly committed in the Central African Republic Archived 27 May 2008 at the Wayback Machine. Retrieved on 25 May 2008.
  51. ^ a b "Former Congo rebel leader arrested for war crimes" Archived 28 May 2008 at the Wayback Machine, Xinhua, 25 May 2008.
  52. ^ "Former DR Congo leader arrested", BBC World News, 24 May 2008.
  53. ^ International Criminal Court (3 July 2008). Surrender of Jean-Pierre Bemba to the International Criminal Court Archived 8 July 2008 at the Wayback Machine. Retrieved on 3 July 2008.
  54. ^ "Hague court probes CAR 'crimes'", BBC World News, 22 May 2007.
  55. ^ "Central Africa: The Trial of Jean-Pierre Bemba". 19 November 2010 – via AllAfrica.
  56. ^ "War crimes trial of Congolese militia leader begins at International Criminal Court". Archived from the original on 3 March 2012.{{cite web}}: CS1 maint: unfit URL (link)
  57. ^ a b "Congo politician guilty in first ICC trial to focus on rape as a war crime". The Guardian. 21 March 2016. Retrieved 22 March 2016.
  58. ^ Kevin Sieff (21 March 2016). "In historic ruling, international court cites rape in war crimes conviction of ex-Congo official". Washington Post.
  59. ^ a b Gaskins, Richard, ed. (2022), "The Trial of Jean-Pierre Bemba", The Congo Trials in the International Criminal Court (2 ed.), Cambridge University Press, pp. 375–447, doi:10.1017/9781009208772.010, ISBN 978-1-009-20877-2
  60. ^ "Former Congo vice-president Jean-Pierre Bemba sentenced to 18 years for war crimes". The Times. 21 June 2016. Retrieved 21 June 2016.
  61. ^ "ICC gives former Congo VP Bemba extra year in prison". Fox News. 22 March 2017.
  62. ^ "Bemba Lays Out Grounds for Appeal Against ICC Conviction". www.ijmonitor.org. 7 October 2016. Retrieved 8 June 2018.
  63. ^ "Public Redacted Version of Appellant's document in support of the appeal". Retrieved 8 June 2018.
  64. ^ Bowcott, Owen (8 June 2018). "Jean-Pierre Bemba's war crimes conviction overturned". the Guardian. Retrieved 11 June 2018.
  65. ^ "Jean-Pierre Bemba: Congo warlord's conviction overturned". BBC. 8 June 2018.
  66. ^ "Judges Decline to Reduce Bemba's Sentence for Witness Tampering". International Justice Monitor. 29 November 2019. Retrieved 1 January 2021.
  67. ^ "DR Congo crowds welcome ex-warlord". BBC News. 1 August 2018. Retrieved 1 August 2018.
  68. ^ Burke, Jason (1 August 2018). "Former warlord returns to DR Congo from prison to run for president". the Guardian. Retrieved 1 August 2018.
  69. ^ Welle (www.dw.com), Deutsche. "Jean-Pierre Bemba returns to DR Congo to submit presidential candidacy | DW | 01.08.2018". DW.COM. Retrieved 1 January 2021.
  70. ^ a b "Joseph Kabila says he will not run again in Congo". The Economist. 8 August 2018. Retrieved 8 August 2018.
  71. ^ Mukoka, Augustine (23 November 2018). "Deal by DRC opposition to unite behind single candidate breaks down". News24. Retrieved 28 November 2023.
  72. ^ Paravicini, Giulia (11 November 2018). "Congo opposition picks Martin Fayulu as its presidential candidate". Reuters. Retrieved 28 November 2023.
  73. ^ "Who really won the Congolese elections?". Congo Research Group. 15 January 2019. Retrieved 28 November 2023.
  74. ^ "DR Congo's Catholic Church says its election tally shows different winner". France 24. 10 January 2019. Retrieved 28 November 2023.
  75. ^ AfricaNews (1 March 2019). "Will Tshisekedi's govt allow Katumbi to return to DRC?". Africanews. Retrieved 2 March 2019.
  76. ^ Paravicini, Giulia; Bujakera, Stanis (10 January 2019). "Congo opposition leader Tshisekedi clinches surprise win in presidential election". Reuters. Retrieved 27 June 2019.
  77. ^ "Kamerhe, Bemba, Kabuya… Comment l'Union sacrée se structure avant la présidentielle – Jeune Afrique". 10 March 2023.
  78. ^ "DR Congo appoints former militia leader Bemba to defence minister post". France 24. 24 March 2023. Archived from the original on 2 April 2023.

Further reading

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