citing “changed circumstances”. The key “changed circumstances” the Defence cited was that the charges finally confirmed by the PTC “significantly reduced the responsibility and consequently, if convicted, he would face a lighter sentence”. The PTC issued a decision on interim release granting among other things, that Bemba be granted conditional release accepting the arguments of the Defence of ‘changed circumstances’ and adding some grounds of its own. 248 Although the Appeals Chamber reversed the PTC’s decision and ordered Bemba’s continued detention,249 the Defence construed the non-confirmation of the counts of torture and of ‘outrage upon dignity’ as somehow having significantly reduced the gravity of the charges against the accused leading to the possible lowering of the eventual sentence against the accused. Consequently, it was construed as a ground for interim release of the accused, driving home the point that international women’s rights advocates have been arguing for a long time. Rape has historically never been considered a war crime or a crime against humanity grave enough to warrant prosecution and punishment of an accused, unlike torture that is historically a jus cogens crime evoking the most serious condemnation and sanctions. Thus, when torture was dropped as a charge against the accused, leaving only the count of rape (i.e. of sexual violence historically not considered serious enough), it was construed as a ground for significantly reduced accountability and a possibly lower sentence. Unfortunately, neither did the PTC in its decision to grant conditional release take this factor into account, nor did the Prosecutor raise it in his appeal against the PTC’s decision, 250 nor did the Appeals Chamber allude to the fact of rape being considered a crime of reduced responsibility. It is only the International Women’s Human Right’s application for leave to submit amicus curiae observations that alludes to the Defence’s application for interim release as a serious fallout of the PTC’s confirmation decision to drop the count of torture. 251 It is such implications that international women’s rights advocates need to guard against and emphasise the importance of crimes of sexual violence being comparable in gravity to torture and at the same time emphasise the need for cumulative charging of sexual violence crimes as also constituting other grave crimes. 248 Decision on the Interim Release of Jean-Pierre Bemba Gombo and Convening Hearings with the Kingdom of Belgium, the Republic of Portugal, the Republic of France, the Federal Republic of Germany, the Italian Republic, and the Republic of South Africa, Pre-Trial Chamber, The Prosecutor v. Jean-Pierre Bemba Gombo, ICC-01/05 -01/08, 14 August 2009. 249 Judgment on the appeal of the Prosecutor against Pre-Trial Chamber II's "Decision on the Interim Release of Jean-Pierre Bemba Gombo and Convening Hearings with the Kingdom of Belgium, the Republic of Portugal, the Republic of France, the Federal Republic of Germany, the Italian Republic, and the Republic of South Africa," Appeals Chambers, The Prosecutor v. Jean-Pierre Bemba Gombo, ICC-01/05 -01/08, 2 December 2009. 250 Prosecution’s Observations on the “Defence’s Application for Interim Release,” The Prosecutor v. Jean-Pierre Bemba Gombo, ICC-01/05 -01/08, 15 December 2009. 251 Application for Leave to Submit Amicus Curae Obervations Pursuant to Rule 103 of the Rules of Procedure and Evidence, International Women’s Human Rights Law Clinic, No. ICC-01/05-01/08, 28 August 2009 available at: http://www.icccpi.int/iccdocs/doc/doc734332.pdf. REDRESS | 6. INTERNATIONAL HUMANITARIAN AND CRIMINAL LAW 67