Rethinking the Office of the Prosecutor v Jean Pierre Bemba: A Case Note

Principally, <i>The Office of the Prosecutor</i> <i>v Jean Pierre Bemba </i><i>Gombo</i><i> </i>concerned allegations of war crimes committed in the Central African Republic against Mr. Jean Pierre Bemba, the former Commander of <i>Mouvement</i><i> </i><i>de liberation</i><i> du Congo</i> armed forces. The Trial Chamber of the International Criminal Court convicted Mr. Bemba of all charges leveled against him. On appeal, the Appeals Chamber freed Mr. Bemba on the grounds of weak evidence submitted by the Office of the Prosecutor. This article uses Bemba’s case at the Appeals Chamber to assess the investigation and collection of evidence by the Office of the Prosecutor. The article argues that weak evidence noted by the Appeal’s chamber resulted from a weak investigation by the Office of the Prosecutor. The article further discusses that the Office of the Prosecutor failed to conduct an investigation that could cover all relevant facts and evidence. The article also argues that in Bemba’s case, the Office of the Prosecutor failed to receive necessary cooperation from the Central African Republic that would have strengthened the investigation. The article shows that in cases where the Office of the Prosecutor managed to obtain the required cooperation from States, it conducted a thorough investigation and collected strong evidence that enabled successful prosecution before the International Criminal Court. Finally, the article suggests the necessary measures that the Office of the Prosecutor needs to take into account for effective investigation and collection of evidence. In this regard, the article also recommends how States can accord the Office of the Prosecutor all the required cooperation.