ICC: Central African Republic

On January 7, 2005 the International Criminal Court (ICC) announced that it had received a letter from the government of the Central African Republic (CAR) asking the ICC's Prosecutor to open an investigation into the situation in the CAR. The CAR referral asks the ICC to investigate any crimes that fall under the ICC's jurisdiction that may have occurred on the territory of the CAR since July 1, 2002 - the date the treaty that created the ICC came into force. The Office of the Prosecutor is now conducting an analysis of the situation in the CAR to determine whether the ICC should initiate a formal investigation.

On January 20, 2005 the ICC announced that the situation in the CAR would be assigned to Pre-trial Chamber III in order to assess whether a formal investigation should be opened. Subsequently, on February 4 it was announced that Judge Sylvia Steiner of Brazil would be presiding over Pre-trial Chamber III. This was the third time that a country had asked the ICC to investigate allegations of crimes in its own territory.

The CAR ratified the Rome Statute of the ICC on October 3, 2001. It has not, however, signed the Agreement on Privileges and Immunities which became binding on July 22, 2004 and is outlined in Article 48 of the Rome Statute. This agreement is essential to ensure the independent and unconditional investigation of an ICC case. Although the CAR is bound to the principles of the Agreement on Privileges and Immunities, its signature would help guarantee a fair and thorough investigation.

Court Action

On May 23, 2008, the ICC issued an arrest warrant for Jean-Pierre Bemba Gombo, the alleged President and Commander-in-Chief of the Mouvement de Libération du Congo (Movement for the Liberation of Congo) (MLC). He was arrested on May 24, 2008 by Belgian authorities and transferred to the detention center in The Hague on July 3, 2008. He faces five counts of war crimes and crimes against humanity, including charges of rape and torture. Bemba is in ICC custody, awaiting a trial. The trial is set to begin April 27, 2010.

Resources:

• History and current situation (AMICC)