Darfur Cases at the International Criminal Court

There are four ongoing cases at the ICC on the situation in Darfur; two cases involve Sudan Government officials and the other two involve Darfur Armed Movements leaders. The three accused Darfur Armed Movements leaders appeared voluntarily before the Court; two stand trial and one freed on dismissal. All three accussed Government officials refused to submit to the Court.

Ahmad Haroun now is Governor of Southern Kordofan; Janjaweed Leader Ali Kushayb is Special Advisor to President Al-Bashir; President Al-Bashir remains President of Sudan for new term after 22 years in power. Ahmad Haroun, Ali Kushayb, and Omar Al-Bashir are on the list of the World’s most wanted criminals; the men are fugitives of law.

Case 1:
ICC Prosecutor v. Ahmad Muhammad Haroun and Ali Muhammad Ali Kushayb
Charges:
  • Ahmad Harun: 22 counts of war crimes and 20 counts of crimes against humanity
  • Ali Kushayb: 28 counts of war crimes and 22 counts of crimes against humanity
Court decision: warrant of arrest, issued 27 April 2007
Status: both men refused to surrender, both are fugitive of law.

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Ali Kushayb – Fugitive of Law Photo: SunaNews

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Ahmad Haroun – Fugitive of LawPhoto: SunaNews

Case No ICC-02/05-01/07 – The Prosecutor v. Ahmad Haroun & Ali Kushayb
Case 2:
Prosecutor v. Omar Hassan Ahmad Al Bashir (President of Sudan)
Charges:
  • 2 counts of war crimes, 5 counts of crimes against humanity, and 3 counts of genocide
Court decision: warrant of arrest issued 4 March 2009
Court decision: second warrant of arrest issued 12 July 2010
Status: refused to surrender, President Al-Bashir is fugitive of law.
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Omar Al-Bashir – President of Sudan
Fugitive of Law Photo: SunaNews
Case No ICC-02/05-01/09 – The Prosecutor v. Omar Al-Bashir
Case 3:
ICC Prosecutor v. Bahar Idriss Abu Garda
Charges:
  • war crimes committed on African Union Peacekeepers at Haskanita base, North Darfur
Court decision: summons to appear before the court issued 17 May 2009
Status: voluntarily appeared before the court on 18 May 2009
Hearing: public hearing held on 19-29 October 2009
Court Decision: the Court dismissed charges against Abu Garda on 8 February 2010
Appeal: the Prosecutor requested to appeal the Court’s decision but his application was rejected for lack of sufficient evidence on 23 April 2010
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Bahar Abu Garda
Freed of Charges Photo: ANP
Case No ICC-02/05-02/09 – The Prosecutor v. Bahar Idriss Abu Garda
Case 4:
ICC Prosecutor v. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus
Charges:
  • 3 counts of war crimes committed on African Union Peacekeepers at Haskanita base, North Darfur
Court decision: summons to appear before the court issued 17 August 2009
Status: voluntarily appeared before the court on 16 June 2010
Hearing: public hearing held on 8 December 2010
Court Decision: the Court confirmed charges of war crimes against Banda and Jerbo, the case sent to trial on 7 March 2011
Trial: the date for trial not yet determined.
Abdallah Banda Abakaer Nourain
Abdallah Banda Abakaer Nourain
Standing trialPhoto: TOUSSAINT KLUITERS/AFP/Getty Images
Saleh Mohammed Jerbo Jamus
Saleh Mohammed Jerbo Jamus
Standing trialPhoto: AP Photo/Toussaint Kluiters, Pool
Case No ICC- 02/05-03/09 – The Prosecutor v. Banda & Jerbo

 

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Abdallah Banda Abakaer Nourain, suspected of having committed war crimes in Darfur, Sudan arrived voluntarily this morning at the International Criminal Court in The Hague, on June 17, 2010. Two Sudan rebel leaders appeared before the International Criminal Court on war crimes accusations today over a 2007 attack that killed 12 African Union peacekeepers in the war-torn Darfur region.

Saleh Mohammed Jerbo Jamus is seen in the courtroom of the International Criminal Court in The Hague, Netherlands, Thursday June 17, 2010. Two men suspected in a deadly 2007 attack against African Union peacekeepers in Darfur have voluntarily surrendered to the International Criminal Court to face war crimes charges. Abakaer Nourain and Jerbo Jamus are accused of commanding a 1,000-strong rebel force in the assault Sept. 29, 2007, on an AU base in the troubled region of western Sudan. Prosecutors say 12 peacekeepers were killed and eight wounded, while a large amount of equipment was destroyed at the Haskanita base in northern Darfur.

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