El caso Bemba et al. de la Corte Penal Internacional : complicidad, colaboración y el Artículo 25(3)(c) del Estatuto de Roma (1998)

This chapter analyzes the case of Bemba et al. and their respective rulings of the Trial and Appeals Chamber in relation to the law of complicity and collaboration in the International Criminal Court ('ICC'). Specifically, it analyzes three issues of complicity and collaboration – within Article 25(3)(c) of the Rome Statute (1998) – that were heard in the first instance and of which some were appealed: (i) the level of contribution of the actus reus; (ii) moral encouragement or support and the authors; and (iii) the mens rea of ​​'purpose'. It is concluded that the First Instance Judgment of Bemba et al. provides much needed clarity on the mens rea of ​​Article 25(3)(c), while the Appeal Judgment of Bemba et al. It definitively resolved the question whether the perpetrator needs to be aware of the morale or moral support of the accomplice and collaborator in order for the crime to have an effect. However, the Appeal Ruling of Bemba et al. I ignore the issue of whether there is a minimum level of contribution for the actus reus of complicity and collaboration before the ICC, although it was clearly ahead of it.