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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