VZCZCXRO6788
OO RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMR RUEHRN
DE RUEHKI #0590 1741301
ZNR UUUUU ZZH
O 231301Z JUN 09
FM AMEMBASSY KINSHASA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9763
INFO RUEHXR/RWANDA COLLECTIVE
RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK

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