identifier: ICC-01/05-01/08 (Decision on the appeals of the Prosecutor and Mr Jean-Pierre Bemba Gombo against the decision of Trial Chamber III of 21 June 2016 entitled “Decision on Sentence pursuant to Article 76 of the Statute”)

text: the Statute, article 28

text: the Statute, article 7

text: the Statute, article 74

text: the Statute, article 76

text: the Statute, article 8

text: Original: English No. ICC-01/05-01/08 A2 A3 Date: 8 June 2018

text: THE APPEALS CHAMBER

text: Before: Judge Christine Van den Wyngaert, Presiding Judge Judge Chile Eboe-Osuji Judge Sanji Mmasenono Monageng Judge Howard Morrison Judge Piotr Hofmański

text: SITUATION IN THE CENTRAL AFRICAN REPUBLIC

text: IN THE CASE OF THE PROSECUTOR v. JEAN-PIERRE BEMBA GOMBO

text: Public document

text: Article 76

text: of

text: the Statute

text: No: ICC-01/05-01/08 A2 A3 1/5

text: Decision to be notified in accordance with regulation 31 of the Regulations of the Court to:

text: The Office of the Prosecutor Counsel for the Defence

text: Ms Fatou Bensouda, Prosecutor Mr Peter Haynes Ms Helen Brady Ms Kate Gibson

text: Legal Representatives of Victims

text: Ms Marie-Edith Douzima-Lawson

text: REGISTRY

text: Registrar

text: Mr Peter Lewis

text: No: ICC-01/05-01/08 A2 A3 2/5

text: The Appeals Chamber of the International Criminal Court,

text: In the appeals of the Prosecutor and Mr Jean-Pierre Bemba Gombo against the decision of Trial Chamber III entitled “Decision on Sentence pursuant to

text: Article 76

text: of

text: the Statute

text: ” of 21 June 2016 (

text: After deliberation,

text: Unanimously,

text: Renders the following

text: D E C I S I O N

text: The appeals are dismissed as moot.

text: REASONS

text: On 21 March 2016, Trial Chamber III (“Trial Chamber”) convicted Mr Jean- Pierre Bemba Gombo (“Mr Bemba”) under

text: article 28

text: (a) of

text: the Statute

text: , as a person effectively acting as a military commander, of the crimes of (i) murder as a crime against humanity under

text: article 7

text: (1) (a) of

text: the Statute

text: ; (ii) murder as a war crime under

text: article 8

text: (2) (c) (i) of

text: the Statute

text: ; (iii) rape as a crime against humanity under

text: article 7

text: (l) (g) of

text: the Statute

text: ; (iv) rape as a war crime under

text: article 8

text: (2) (e) (vi) of

text: the Statute

text: ; and (v) pillaging as a war crime under

text: article 8

text: (2) (e) (v) of

text: the Statute

text: (“Conviction Decision”).

text: On 21 June 2016, the Trial Chamber issued its decision on sentence imposing, inter alia, a joint sentence of eighteen years imprisonment (“Sentencing Decision”). 3 4 3. On 22 July 2016, the Prosecutor and Mr Bemba filed notices of appeal against the Sentencing Decision.

text: 1 “Judgment pursuant to

text: Article 74

text: of

text: the Statute

text: , para. 752. 2 “Decision on Sentence pursuant to

text: Article 76

text: of

text: the Statute

text: , para. 95. “Prosecution’s Notice of Appeal against Trial Chamber III’s ‘Decision on Sentence pursuant to

text: Article 76

text: of

text: the Statute

text: ’”, ICC-01/05-01/08-3411 (A).

text: No: ICC-01/05-01/08 A2 A3 3/5

text: 5 6

text: On 21 October 2016, the Prosecutor and the Mr Bemba filed their appeal

text: briefs against sentence.

text: On 21 December 2016, Mr Bemba filed his response to the Prosecutor’s Appeal

text: Brief. On 22 December 2016 the Prosecutor filed her response to the Mr Bemba’s

text: Appeal Brief.

text: On 23 January 2017, following an order of the Appeals Chamber, the Victims

text: filed their consolidated observations on the appeals against sentence and, on 23

text: February 2017, Mr Bemba filed a response to the Victims’ Observations.

text: On 8 June 2018, the Appeals Chamber, by majority, Judge Monageng and Judge Hofmański dissenting, reversed the Conviction Decision, declared that certain crimes

text: for which Mr Bemba had been convicted were outside the scope of the facts and

text: circumstances described in the charges and discontinued the proceedings in their

text: “Defence Notice of Appeal against Decision on Sentence pursuant to

text: Article 76

text: of

text: the Statute

text: , ICC- 01/05-01/08-3399”, ICC-01/05-01/08-3412 (A). “Prosecution’s Document in Support of Appeal against Trial Chamber III’s ‘Decision on Sentence pursuant to

text: Article 76

text: of

text: the Statute

text: ’”, ICC-01/05-01/08-3451 (A2), with one public annex (“Prosecutor’s Appeal Brief”). “Appellant’s document in support of the appeal against sentence”, ICC-01/05-01/08-3450-Conf (A3), with two public annexes (“Mr Bemba’s Appeal Brief”); a public redacted version dated 26 October 2016 was registered on 27 October 2016 (ICC-01/05-01/08-3450-Red). On 1 September 2016, following a request from Mr Bemba (“Appellant’s request for an extension of the time limit to file his document in support of appeal against the Decision on Sentence”, 16 August 2016, ICC-01/05-01/08-3424 (A3)), the Appeals Chamber granted him an extension of thirty days to file his appeal brief against the Sentencing Decision and deemed it appropriate to grant the same extension to the Prosecutor (“Decision on Mr Jean-Pierre Bemba Gombo’s request for an extension of time for the filing of his document in support of the appeal”, ICC-01/05-01/08-3431 (A2 A3)). “Appellant’s response to ‘Prosecution’s Document in Support of Appeal against Trial Chamber III’s “Decision on Sentence pursuant to

text: Article 76

text: of

text: the Statute

text: ”’”, ICC-01/05-01/08-3485 (A2), with one public annex (“Response to Prosecutor’s Appeal Brief”). “Prosecution’s response to Bemba’s appeal against sentence”, ICC-01/05-01/08-3486-Conf-Exp (A3) with one confidential ex parte annex (“Response to Mr Bemba’s Appeal Brief”); a public redacted version of filling and annex were registered on 2 February 2017 (ICC-01/05-01/08-3486-Red2). “Decision on the participation of victims in the appeals against Trial Chamber III’s ‘Decision on Sentence pursuant to

text: Article 76

text: of

text: the Statute

text: ’”, 1 September 2016, ICC-01/05-01/08-3432 (A2 A3). “Consolidated Observations of the Legal Representative of Victims on ‘The Appeals against Trial Chamber III’s decision on Sentence pursuant to

text: Article 76

text: of

text: the Statute

text: ’”, dated 23 January 2017 and registered on 3 November 2017, ICC-01/05-01/08-3490-tENG (A2 A3) (“Victims’ Observations”); original French version, 23 January 2017, ICC-01/05-01/08-3490 (A2 A3). This document was originally filed confidentially but was reclassified as public pursuant to the Appeals Chamber’s “Order for reclassification of document ICC-01/05-01/08-3490-Conf”, 5 May 2017, ICC-01/05-01/08-3524 (A2 A3). “Appellant’s response to ‘Observations consolidées de la Représentante légale des victimes’ sur « The Appeals against Trial Chamber III’s decision on Sentence pursuant to

text: Article 76

text: of

text: the Statute

text: »”, with two public annexes, ICC-01/05-01/08-3501-Conf (A2 A3) (“Mr Bemba’s Reply to Victims’ Observations”); a public redacted version was registered on 8 May 2017 (ICC-01/05-01/08-3501-Red).

text: No: ICC-01/05-01/08 A2 A3 4/5 respect and acquitted Mr Bemba of all remaining charges brought against him in this case (“Appeal Judgment on Conviction”).

text: As a result of the Appeal Judgment on Conviction, there is no basis for any sentence to be imposed on Mr Bemba in the present case and the Sentencing Decision therefore ceases to have effect. For that reason, the Appeals Chamber considers the appeals logged against the Sentencing Decision to be moot, and dismisses them as such.

text: 13 Majority Judgment, operative paragraphs 1) to 3).

text: No: ICC-01/05-01/08 A2 A3 5/5

type: avgorande