WHY THIS PUT BEMBA ON NOTICE THAT TROOPS UNDER HIS CONTROL
WERE COMMITTING CRIMES.
MEMORANDUMS & PUBLIC
ADDRESS
In November 2002, Bemba gave a public address to troops in Bangui, the
capital city of CAR. Before he gave his address, local leaders in Bangui
presented a memo to Bemba. This memo informed him that his MLC
soldiers were killing civilians and carrying out mass rape. In his address,
Bemba acknowledged the existence of reports of widespread criminal
activity committed by MLC troops.
WITNESSES & MILITARY
SITUATION REPORTS
TESTIMONY SUPPORTING
THE ABOVE
FILMING
EXAMPLES OF NOTICE EVIDENCE
USED TO PROVE “KNEW OR
SHOULD HAVE KNOWN”
Witnesses testified that all military and rebel forces had a system of
reporting from the battlefield. Specifically, MLC’s operational rules
required that the lowest command submit a situation report to the
highest command every 24 hours. The report covered aspects such as
operations, intelligence, logistics and casualties.
Witnesses also testified that Bemba:
• Was in constant and direct contact with the military
commanders via other various communications devices such
as, radio, walkie-talkies, satellite phones and fax machines; and
• Visited CAR during the military campaign and spoke with
commanders and troops.
INTERNATIONAL MEDIA
Reports by Radio France International, BBC, Voice of America, etc., put
Bemba on notice of his troops’ crimes by reporting on these abuses.
NGO REPORTS
Reports from NGOs, including Amnesty International and International
Federation for Human Rights, that described both previous criminal
allegations against Bemba’s troops and that MLC leadership had
acknowledged those allegations, as well as crimes committed during the
time period at issue.
Video is absent from this list of evidence. One key reason is because in 2002–2003, villagers under
attack in CAR had few — if any — cameras to record events. If the situation in CAR happened today,
here are some ideas on how notice evidence could be documented with video to show that Bemba knew
or should have known his troops were committing crimes.
TEST YOUR
SKILLS
If applicable in your
situation, consider
how you could use
video to prove a
commander “knew
or should have
known”.
Make a list.
126 VIDEO AS EVIDENCE: PROVING RESPONSIBILITY V 1.0
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