FIELD NOTE PART 2: BEMBA’S FAILURE TO ACT Assuming that the prosecution proved the first two elements, that Bemba had “effective command and control” and that he “knew or should have known,” next they would need to prove “failure to act.” Bemba claimed that he didn’t fail to act and that the MLC soldiers who committed crimes were put on trial and sentence for the crimes they committed. The prosecution disagreed. To prove "failure to act" the prosecution primarily relied on witness testimony. For instance, witnesses testified that: • While the MLC has a Code of Conduct for troops to follow, the MLC code was written in French. The majority of the lower ranking soldiers, however, did not speak French and instead spoke Lingala so they could not read the code. • These soldiers were also often illiterate, meaning that regardless of the language, the lower soldiers could not read the code and would not know exactly what the code included without a verbal explanation. • Bemba presented no clear evidence that he and his commanders made an effort to inform all of his troops in the MLC of the Code of Conduct. • Any interest in enforcing the Code of Conduct lessened as the MLC moved further into CAR and further away from their DRC home making statements such as “The main purpose [of operations] was conquest rather than looking into matters of discipline.” • Field Commanders did nothing as they watched their troops commit crimes. • The trials Bemba claims to have held did not charge the commanders, who were present when the MLC soldiers committed crimes against civilians. Instead, the alleged trials tried low-ranking individuals guaranteeing impunity for commanders. • Even though Bemba was made aware of the killing of civilians and mass rapes, the trials that Bemba claims to have completed against the MLC soldiers did not include charges of murder or rape. They were instead tried for lesser charges such as extortion. • Low-ranking soldiers who were given multi-year prison sentences for crimes were pardoned after serving just a few months once neutral observers and the international community left the region. • The attorneys and judges arguing and overseeing the trials were appointed by Bemba and the outcomes for the MLC soldiers were also determined by Bemba. 128 VIDEO AS EVIDENCE: PROVING RESPONSIBILITY V 1.0 FILMING INTERNATIONAL CRIMINAL COURT V. BEMBA