REACTION IN THE DRC TO CONFIRMATION

UNCLAS KINSHASA 000590

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PHUM PGOV PREL KJUS CG
SUBJECT: REACTION IN THE DRC TO CONFIRMATION
OF ICC CHARGES AGAINST JEAN-PIERRE BEMBA


1. (SBU) Summary: The International Criminal Court (ICC) confirmed
war crimes and crimes against humanity charges against DRC
opposition leader Jean-Pierre Bemba June 15. The court revised the
charges, which stem from acts committed by Bemba's MLC ("Mouvement
de Liberation du Congo" in French) troops in the Central African
Republic (CAR) in 2002-2003, from personal criminal responsibility
to command responsibility, and referred the case to trial. The MLC
responded via a press statement dated June 16, denouncing the trial
as a settling of political scores and calling for Bemba's release.
The trial will likely keep Bemba out of the DRC domestic political
scene during local and national elections through 2011 and could
create a power struggle within the MLC. End summary.


2. (U) The International Criminal Court (ICC) confirmed on June 15
five charges of war crimes and crimes against humanity (including
murder, rape and pillaging) against former DRC vice president and
current Senator and opposition leader Jean-Pierre Bemba. Two
charges (torture and attacks on personal dignity) were dismissed.
The court also determined that there was not sufficient evidence to
prosecute Bemba as "a co-perpetrator for the crimes against humanity
and war crimes" but that there was enough evidence to charge him as
"a person effectively acting as a military commander" (and subject
to criminal liability as a commander). The court referred the case
for trial, although no date has been set.


3. (U) Bemba was arrested in May 2008 by Belgian authorities under
an ICC warrant and transferred to The Hague in July 2008. The
charges are based on crimes committed by MLC troops in the Central
African Republic between October 2002 and March 2003. Bemba
deployed the forces to support former CAR president Ange-Felix
Patasse.


4. (U) Francois Mwamba, MLC secretary general, responded to the ICC
decision in a June 16 press statement. The MLC noted that the ICC
did not confirm charges of personal criminal responsibility, which
were specified in the original arrest warrant, but instead confirmed
command responsibility charges. The statement went on to denounce
the alleged use of the ICC as a tool to settle political scores and
the "creation by unorthodox methods" of new (command) charges,
called on the ICC to judge strictly according to the law and with
impartiality, expressed support for Bemba and called on MLC members
to remain active and support the party. Mwamba added that since the
original charges were not supported, Bemba should be released.


5. (U) Separately, Bemba attorney Aime Kilolo repeated that the
reduction in charges from personal responsibility to command
responsibility was a victory for Bemba and said he was saving his
arguments for the appeals process.


6. (SBU) Comment: The ICC charges against Bemba will require a
lengthy trial with the potential for a severe sentence, even if
Bemba is prosecuted for command vice personal criminal
responsibility. It is difficult to consider the change in the
nature of the charges as a victory for Bemba, as the MLC leadership
claims, because the trial will keep him in The Hague for several
months, if not years, and away from the DRC domestic political
environment, most likely including local elections and the 2011
national election. The long-term effect on the leadership of the
MLC will also have an impact on the organization of the collective
opposition. At the very least, we will witness an internal struggle
within the MLC to control the damage and produce a surrogate, if not
replacement, for Bemba. End comment.

BROCK