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

Received: 9 December 2025     Accepted: 24 December 2025     Published: 19 January 2026
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Abstract

Principally, The Office of the Prosecutor v Jean Pierre Bemba Gombo concerned allegations of war crimes committed in the Central African Republic against Mr. Jean Pierre Bemba, the former Commander of Mouvement de liberation du Congo 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.

Published in International Journal of Law and Society (Volume 9, Issue 1)
DOI 10.11648/j.ijls.20260901.12
Page(s) 14-25
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2026. Published by Science Publishing Group

Keywords

Prosecution of Cases, International Criminal Court, Investigation and Collection of Evidence, The Office of the Prosecutor

References
[1] The Office of the Prosecutor v Jean Pierre Bemba Gombo, ICC-01/05-01/08,
[2] Prosecutor v Jean Pierre Bemba Gombo, ICC-01/05-01/08, Case Information Sheet, p. 1,
[3] Kler, Aiman. A Critical Analysis of the Position of Hearsay Evidence in the ICC (May 17, 2013). Available from:
[4] Halpern M. ‘Trends in admissibility of hearsay evidence in war crime trials: Is fairness really preserved?’. Duke Journal of Comparative and International Law. 2018(29). 103-124.
[5] Prosecutor v Tadic available from:
[6] Caianiello M. Law of Evidence at the International Criminal Court: Blending Accusatorial and Inquisitorial Models. North Carolina Journal of International Law and Commercial Regulation. 2011(36). 2880-317.
[7] Legal Information Institute. Corroborating Evidence. Available from:
[8] Prosecutor v Laurent Gbagbo and Charles BleGoude, ICC-02/11-01/15-1263-AnxB-Red, Reasons of Judge Geoffrey Henderson, 15-01-2019, para 32. Available from:
[9] Stewart J. K. Fair Trial Rights under the Rome Statute from a Prosecution Perspective. ICTR Symposium – Arusha. Available from:
[10] Prosecutor v. Uhuru Muigai Kenyatta, ICC T. Ch. V, ICC-01/09-02/11-728, 26 April 2013, para. 119.
[11] Prosecutor v. Lubanga, ICC A. Ch., ICC-01/04-01/06-568 (OA 3), 13 October 2006, para. 52. Available from:
[12] Women’s Initiatives for Gender Justice. Overturn of the first ICC conviction for crimes of sexual violence. Available from:
Cite This Article
  • APA Style

    Amin, S. (2026). Rethinking the Office of the Prosecutor v Jean Pierre Bemba: A Case Note. International Journal of Law and Society, 9(1), 14-25. https://doi.org/10.11648/j.ijls.20260901.12

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    ACS Style

    Amin, S. Rethinking the Office of the Prosecutor v Jean Pierre Bemba: A Case Note. Int. J. Law Soc. 2026, 9(1), 14-25. doi: 10.11648/j.ijls.20260901.12

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    AMA Style

    Amin S. Rethinking the Office of the Prosecutor v Jean Pierre Bemba: A Case Note. Int J Law Soc. 2026;9(1):14-25. doi: 10.11648/j.ijls.20260901.12

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  • @article{10.11648/j.ijls.20260901.12,
      author = {Sem Amin},
      title = {Rethinking the Office of the Prosecutor v Jean Pierre Bemba: A Case Note},
      journal = {International Journal of Law and Society},
      volume = {9},
      number = {1},
      pages = {14-25},
      doi = {10.11648/j.ijls.20260901.12},
      url = {https://doi.org/10.11648/j.ijls.20260901.12},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20260901.12},
      abstract = {Principally, The Office of the Prosecutor v Jean Pierre Bemba Gombo concerned allegations of war crimes committed in the Central African Republic against Mr. Jean Pierre Bemba, the former Commander of Mouvement de liberation du Congo 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.},
     year = {2026}
    }
    

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