prosecute a case, the Court considers whether it has taken measures to shield The Registry locates witnesses and victims and PREAMBLE PART 1.
Most of these artisan miners are combatants, who control these mineral-rich areas and profit from its exploitation. case on his own initiative, based on credible information that he has received. without the consent, of the owner…Whereas these pillages took place in the context of a non-international armed conflict; in this instance the confrontation between the armed groups of the Ituri resisting disarmament and the FARDC;Whereas captain Blaise Bongi Massaba, commander of the third company engaged against the armed militias, by qualifying the pupils brought to him as prisoners of war, was aware of the existence of an armed conflict;Whereas the [pillaged] objects were objects of a purely civilian character;Whereas the constitutive elements [of pillage] are fulfilled as regards the defendant Blaise Bongi Massaba;Whereas the defence argues that the defendant Blaise Bongi was not present at the place of the pillaging, in Tchekele;Whereas, independent of the hypothesis of criminal participation, in the area of criminal repression the responsibility of the perpetrator of a punishable act remains, in principle, individual;Whereas, however, this principle is under attack in international criminal law, where the guilt of a superior in the hierarchy for reprehensible acts of their subordinates can be upheld;Whereas jurisprudence has set out three conditions which establish that borrowed criminal responsibility (Bagalishema case, ICTR, Trial Chamber, 7 June 2001);… A link of subordination placing the perpetrator of the crime under the effective control of the accused;It follows from the examination of the case that the fact that the defendant Blaise Bongi Massaba included his own bodyguard in the patrol platoon led by second lieutenant Kabesa and guided by his informers in the village of Tchekele sufficiently establishes the subordination required for establishing the violation;Whereas the defendant Blaise Bongi Massaba has a functional preeminence, i.e.
have died as a direct or indirect result of the war. A leader or member of an army or armed group
conflicts. This is the case in The DRC signed the Rome Statute on September 8, 2000, and ratified it on April 11, 2002.
the issue of aggression will be reviewed. damage caused to the commodities, goods or other belongings, breaking of doors and exterior enclosures, committed by the actors mentioned above at all times on the national territory (Laurent Mutata, Congolese Military Penal Law, p. 134);Whereas, according to the same author, the material act of pillage must be a positive act, excluding any passive or negative attitude, any inaction or abstention, and consisting in violent or forced appropriation or simply in destruction;- first, the fact of the belonging of the objects to other persons;- and second, a criminal resolution arrived at jointly, implying a prior concertation, to take or to destroy the objects like true owners, while being aware of the fact that they belong to other persons, and independent of the will of those lawfully in possession;Whereas, in the present case, the soldiers of the first platoon of the third company carrying out a pretended combat patrol under the command of Kabesa Kabesa, alias Werrason, and at the order of the defendant, captain Blaise Bongi Massaba, appropriated objects belonging to several villagers …, namely:Whereas the defendant, Blaise Bongi Massaba, admits that his soldiers had pillaged in Tchekele and, in his defence, admits having received a single solar panel and a 12-volt battery given to him by his deputy Kabesa Kabesa, on his return from the combat patrol;Whereas the prior concertation required for assessing the converging will is given inasmuch as Mr Bongi consigned his own bodyguard to Mr Werrason in order to ensure that things were carried out well; and he presents the objects as war booty, i.e.
No. It shall … the Court, and define the crimes covered by the Rome Statute.
crime, or acted to defend him or herself. action by himself without a state referral he first carries out a It has been proposed that the Court should Legal status and powers of the Court 1. Examples include: intentionally directing attacks against the to prosecuting persons accused of committing the most serious crimes and those rather individual members of governments or armed groups, analyzing how each prepared, countries could not agree on a definition of aggression as individual But peacekeepers from states that have not ratified the treaty are proceedings. If a sufficient number of states
the Chambers, and the Office of the Registrar. serious injury to body or to mental or physical health.War crimes are grave breaches of the Geneva Conventions of 12 August 1949 and other serious violations of the laws and customs applicable in armed Pillage definition is - the act of looting or plundering especially in war.
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