ICC Appeals Chamber Reverses Pre-Trial Chamber II Decision Release Jean-Pierre Bemba Gombo

By Rebecca William

Jean-Pierre Bemba poster in Brussels.

On December 2, 2009, the Appeals Chamber for the International Criminal Court (ICC) reversed Pre-Trial Chamber II’s August 14^th decision granting Jean-Pierre Bemba Gombo interim release.

The Appeals Chamber unanimously agreed that the Pre-Trial Chamber “misappreciated and disregarded relevant facts” in concluding that substantial changes in Bemba’s circumstances justified conditional interim release. More importantly, the Court specified the conditions required to grant interim release. It determined that interim release must be a “single unseverable decision” that states the specific conditions for release fully. In addition, the Court required the identification of a host country willing to take responsibility for the Defendant before interim release is granted.

Jean-Pierre Bemba Gombo is a Congolese national charged with war crimes and crimes against humanity for his actions as military commander in the Central Republic of Congo in 2002 and 2003. He has been in ICC custody since 2008, and will stand trial April 2010.

Pre-Trial Chamber II determined in August 2009 that Bemba no longer fulfilled the requirements of Article 58(1) of the Rome Statute, which requires that a defendant be kept in custody prior to trial to ensure his appearance at trial. The reasons for keeping someone in custody are to prevent harm to witnesses and victims, and to prevent the defendant from committing additional, related crimes. Judge Ekaterina granted Bemba interim release pending a host country’s willingness to take Bemba. This decision was based on reduced charges and good behavior. However without a willing host country, Bemba’s release was illusory at best. The Appeals Court’s requirement that a host country be identified in order to consider interim release resolves the issue that Bemba’s possible release created. The court stressed that without State cooperation, a conditional release would be ineffective. While Bemba will not be granted release at this time, the appeals decision clarified the requirements needed for interim release for defendants.