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25 Tul. J. Int'l & Comp. L. 403 (2016-2017)
In the Case of the Prosecutor v. Jean-Pierre Bemba Gombo: Cementing Sexual Violence and Command Responsibility within International Criminal Law

handle is hein.journals/tulicl25 and id is 423 raw text is: RECENT DEVELOPMENTS In the Case of the Prosecutor v Jean-Pierre Bemba Gombo Cementing Sexual Violence and Command Responsibility Within International Criminal Law I. OVERVIEW ............................... ..... 403 II. BACKGROUND ....................................... 404 A. Pre- World War H Origis of War Crames and Crimes Against Humanity. ................ .....404 B. An Incomplete Paradigm ShiA Follows World War Ii......................................406 C Laying the Foundation for a New Approach to International Chmes .................... .....408 D. The Emergence of the International Cniminal Court........410 1H. THE COURT'S DECISION .............................. 413 A. Initial and Contextual Elements of Crimes and Elements of Command Responsibility..................414 B. Application ofElements to Facts and Circumstances and the Court's Conclusion ............... .....417 IV. AN ..ALYSIS.............................. ...... 420 V. CONCLUSION .................................. 424 I. OVERVIEW The government of the Central African Republic dismissed General Francois Boziz6 from his position in the nation's armed forces in October of 2001.' A large number of soldiers subsequently deserted their posts in support of Boziz6 and began an armed rebellion against the government of the Central African Republic (CAR) the following year.2 At the time this rebellion emerged, Jean-Pierre Bemba headed a political and military organization known as the Mouvement de Liberation du Congo (MLC) in the neighboring Democratic Republic of the Congo (DRC).' President Ange-Felix Patass6 of the CAR made a request to Bemba for the assistance of the MLC's military wing in defending the government from I. Prosecutor v. Bemba, ICC-01/05-01/08, Judgment Pursuant to Article 74 of the Statute, ¶ 379 (Mar. 21, 2016), https://www.icc-cpi.int/CourtRecords/CR2016_02238.PDF. 2. Id. 3. IdI 1-2,453. 403

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