Video is also absent from this list of evidence for the reasons shared above — cameras weren’t in everyone’s pocket in 2002 and 2003. However, video could have played an important role in corroborating and strengthening the evidence because Bemba’s defense disputed all of the testimony listed above. If the situation in CAR happened today, here are some ideas on how you could use video to show that Bemba failed to stop his troops from committing crimes. Additionally, citizens could film: • Commanders rallying their troops and encouraging them to commit crimes; • Commanders participating in the commission of a crime with their troops; • Commanders using property pillaged from the frontlines such as stolen vehicles; and • Any ceremonies or parades honoring troops that were known for committing crimes. Undeniably, the “failure to act” is difficult — yet not impossible — to film. If you were in a village where low-ranking officers were giving orders in Lingala instead of French and then killing civilians while Commanders did nothing, this video could add strength to the witness testimony outlined above. That said, your safety, and the safety of those around you comes first. TAKE HOME POINTS BEMBA - FAILURE TO ACT FILMING Video clips of: • The MLC’s Military Code in French; • MLC soldiers on the frontlines speaking Lingala instead of French; • Bemba giving a speech to troops before their deployment; • Commanders in the field watching — not acting — as crimes are being committed by soldiers; • Conversations between Bemba and his commanders discussing what to do about crimes being committed by troops; • Stockpiles of pillaged goods on MLC bases or in commanders’ homes; • Insignias on uniforms showing the rank of the soldiers that were tried for crimes; • The trials of the MLC soldiers, including the reading of the charges against the soldiers and the announcement of the sentence; and • The soldiers that were found guilty taking part in military activities with a time and date stamp showing they did not fulfill their full sentence. TEST YOUR SKILLS If applicable in your situation, consider how you could use video to prove “failure to act”. Make a list. If your list is short, don’t worry. Gather what you can to corroborate the other evidence you collect. First, to be held accountable for committing a crime by command or superior responsibility, a remote military commander or civilian leader must have “failed to take action” to stop the people he or she controls from committing crimes. Second, video can show lack of action, but you have to think about to show this. It’s not instinctual. It requires thinking outside of the box. Video may or may not be your best investigative tool, so really think about how it could help and if it’s worth the risk. 129 VIDEO AS EVIDENCE: PROVING RESPONSIBILITY V 1.0