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Darfur
The ICC's investigation into the situation in Darfur, Sudan was officially opened by the ICC prosecutor on 6 June 2005 after being referred to the Court by the United Nations Security Council (UNSC) on 31 March 2005. The situation was assigned to ICC Pre-Trial Chamber I (PTC I). There are four ongoing cases, with five public arrest warrants having been issued against Ahmad Harun, Ali Kushayb, Sudanese Defense Minister Abdel Raheem Muhammad Hussein and Sudanese President Omar Hassan Ahmad al-Bashir. None of the arrest warrants have been executed and the Sudanese government has consistently refused to cooperate with the Court and the international community. However three other suspects have voluntarily responded to summons to appear before the Court.


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Cases
The Prosecutor v. Ahmad Muhammad Harun ("Ahmad Harun") and Ali Muhammad Ali Abd-Al-Rahman ("Ali Kushayb")
On 2 May 2007, PTC I issued arrest warrants for Ahmad Muhammad Harun—the Sudanese minister for humanitarian affairs—and Janjaweed militia leader Ali Kushayb for war crimes and crimes against humanity allegedly committed in Darfur in 2003 and 2004. Neither suspect has been arrested.


The Prosecutor v. Omar Hassan Ahmad Al Bashir
On 4 March 2009, PTC I issued an arrest warrant for Sudanese President Omar Hassan Ahmad al-Bashir—the first ever issued for a sitting head of state by the ICC—for crimes against humanity and war crimes allegedly committed in Darfur in the preceding five years. On 3 February 2010, the ICC Appeals Chamber unanimously reversed PTC I's decision not to include the crime of genocide in the arrest warrant against al-Bashir. PTC I was directed to decide anew whether a warrant of arrest should be extended to cover the crime of genocide based on the correct standard of proof. On 12 July 2010, PTC I issued a second arrest warrant for al-Bashir for three counts of genocide allegedly committed against the Fur, Masalit and Zaghawa ethnic groups—the first ICC arrest warrant issued for the crime of genocide. Al-Bashir has not yet been arrested.


The Prosecutor v. Bahar Idriss Abu Garda
On 17 May 2009, PTC I announced it had issued a summons to appear for rebel leader Bahr Idriss Abu Garda for war crimes allegedly committed during attacks against African Union peacekeepers at the Haskanita military base in Darfur in September 2007. It was the first time ICC judges issued a summons to appear instead of an arrest warrant, considering the summons a sufficient measure to ensure that the suspect would appear before the Court. Abu Garda appeared before the ICC on 18 May 2009. From 19-29 October 2009, PTC I held a public hearing to examine the available evidence against Abu Garda. On 8 February 2010, the Chamber declined to confirm the charges against Abu Garda, hence refusing to move his case forward to trial. Although insisting that the case was of sufficient gravity, the Chamber established that it lacked evidence that Abu Garda participated in the common plan to attack the Haskanita base. The prosecution’s request to appeal the decision was rejected by PTC I on 23 April 2010.


The Prosecutor v. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus
On 17 August 2009, PTC I announced that had issued summons to appear for Abdallah Banda Abakaer Nourain (Banda) and Saleg Mohammed Jerbo Jamus (Jerbo). Banda and Jerbo are charged with three counts of war crimes allegedly committed during an attack carried out on 29 September 2007, against the African Union Mission in Sudan (AMIS), a peace-keeping mission stationed at the Haskanita Military Group Site (MGS Haskanita) in the locality of Umm Kadada, North Darfur. On 16 June 2010, the ICC announced the arrival of Banda and Jerbo at The Hague. The confirmation of charges hearing in the case was held on 8 December 2010 in the absence of the two suspects who had waived their right to be present. 89 victims participated in the confirmation hearing through their legal representatives. On 7 March 2011, PTC I confirmed the charges of war crimes against Banda and Jerbo, sending their case to trial. On 26 October 2011, TC IV rejected a defense request for a temporary stay of proceedings.

The start of the trial has been set for 5 May 2014.

On 18 July 2013, following the reported death of Saleh Mohammed Jerbo Jamus in Darfur, a status conference was held to consider terminating the ICC proceedings against him, or to sever the case from co-accused Abdallah Banda Abakaer Nourain. A decision is pending.

On 4 October 2013, TC IV ended the proceedings against Jerbo. Despite the absence of an official death certificate, judges decided that the evidence indicates that Jerbo was killed in a rebel attack in North Darfur in April 2013. The trial of Banda remains set for May 2014.

The Prosecutor v. Abdel Raheem Muhammad Hussein
On 1 March 2012, following a request by the ICC prosecutor on 2 December 2011, PTC I issued an arrest warrant for Abdel Raheem Muhammad Hussein, Sudan's defense minister and former special representative for Darfur, holding that there are reasonable grounds to believe that Hussein bears criminal responsibility for 41 counts crimes against humanity and war crimes allegedly committed in Darfur from August 2003 to March 2004. On 1 February 2012, the prosecutor had submitted additional material in support of his application for an arrest warrant in response to a request from the Chamber.


Hussein is Sudan's current defense minister, and former interior minister and the Darfur special representative of the Sudanese president at the time of the alleged crimes, which are the same as those presented in previous warrants of arrest for Ahmed Harun and Ali Kushayb issued by the Court on 27 April 2007. According to the Office of the Prosecutor, Hussein is among those who bear the greatest criminal responsibility for those crimes.


Opening of the investigation
On 31 March 2005, the situation in Darfur, Sudan was referred to the ICC prosecutor by UNSC Resolution 1593 (2005), “determining that the situation in Sudan continues to constitute a threat to international peace and security.” The ICC prosecutor subsequently received the document archives of the UN International Commission of Inquiry on Darfur, as well as a sealed list of individuals named by the Commission as suspects of grave international crimes in Darfur. Following careful examination of thousands of documents from a variety of sources and interviews with over 50 independent experts, the prosecutor officially opened his investigation into the situation in Darfur on 6 June 2005. As required under Resolution 1593, the prosecutor has been reporting to the UNSC every six months on the progress of his investigation.


Pre-Trial Chamber
The situation of Darfur was previously assigned to PTC I, composed of Presiding Judge Sylvia Steiner, Judge Sanji Mmasenono Monageng, and Judge Cuno Tarfusser. It is currently assigned to PTC II, composed of Judge Cuno Tarfusser, Judge Hans-Peter Kaul, and Judge Ekaterina Trendafilova.


Defense notifies Court of Jerbo death
On 23 April, the defense for Jerbo notified the Court of his death in North Darfur, allegedly during an attack by a faction of the Justice and Equality Movement. He was due to stand trial for an attack on peacekeepers in May 2014.


For additional information and to view the Court's latest decisions, visit the ICC website
Audio Visual Resources
Author Date and Title
Urgence Darfour
11 Apr 2012
Stop Béchir
Amnesty International
08 Aug 2011
Sudanese President's controversial Chad visit
UN
11 June 2010
Informal comments to the Media by the Prosecutor of the International Criminal Court, Mr. Luis Moreno-Ocampo, on the situation in Sudan
Skylight Pictures
12 Feb 2010
International Law, Testing the Limits: The ICC and Darfur
UN
21 Dec 2009
Press statement on the situation in Sudan following presentation of Mbeki report. Informal comments to the Media by the President of the Security Council and Representative of Burkina Faso, H.E. Mr. Michel Kafando.
UN
05 June 2009
Security Council: Reports of the Secretary-General on the Sudan. Briefing by Mr. Luis Moreno-Ocampo, Chief Prosecutor of the International Criminal Court (ICC).
UN
05 June 2009
Media Stakeout: Informal comments to the Media by Ms. Mia Farrow on the situation in Sudan.
Conference Reports and Declarations
Author Date and Title
Organisation of the Islamic Conference
04 Aug 2008
Final communique of the expanded ministerial meeting of the Executive Committee in the latest developments in the Sudan
Olivia Swaak-Goldman, ICC
16 Apr 2008
Supranational Criminal Law Lecture Series: "The ICC in Darfur: Challenges in Achieving Effective Cooperation"
FIDH, KCHRED, and SOAT
Mar 2006
The ICC and Sudan: Access to Justice and Victim’s Rights (Roundtable Khartoum 2-3 October 2005)
Government and Inter-governmental Documents
Author Date and Title
UNSC
05 June 2008
Transcript of all government statements at the Security Council Briefing under Agenda Item: “Reports of the Secretary-General on Sudan”
African Union
07 June 2013
AU decisions_21st Summit_MAY 2013
EU
26 Apr 2013
Statement by the Spokesperson of High Representative Catherine Ashton on the visit of Sudanese Minister of National Defence, Abdel Raheem Muhammad Hussein, to Chad
MEP Barbara Lochbihler
14 Feb 2013
Letter on President Omar Al-Bashir's visit to Chad on 16 February 2013
EU
03 Mar 2012
Statement by the Spokesperson of the High Representative on the ICC decision concerning the arrest warrants for Sudanese Defence Minister Abdelrahim Mohamed Hussein
AU
09 Jan 2012
AU press release on the ICC decisions on the alleged failure of Chad and Malawi to cooperate with requests issued by the Court
EU
14 Oct 2011
Statement by the spokesperson of EU High Representative Catherine Ashton on the visit of President Al-Bashir to Malawi
ICC Statements and Reports
Author Date and Title
ICC-CPI
05 June 2012
Fifteenth Report of the Prosecutor of the International Criminal Court to the UN Security Council Pursuant To UNSCR 1593 (2005)
ICC-CPI
05 June 2012
FIFTEENTH REPORT OF THE PROSECUTOR OF THE INTERNATIONAL CRIMINAL COURT TO THE UN SECURITY COUNCIL PURSUANT TO UNSCR 1593 (2005)
ICC-CPI
05 June 2012
ICC Prosecutor’s statement to the United Nations Security Council on the situation in Darfur UNSCR 1593 (2005)
ICC
29 Dec 2011
13 January 2012: Deadline for applying to participate in the trial proceedings as a victim before the Court in the case The Prosecutor v. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus
ICC
20 July 2011
ICC reaches out to the Sudanese diaspora in Dublin, Ireland
ICC
16 June 2010
Practical information for journalists attending the initial appearance of Banda and Jerbo before the Pre-Trial Chamber I on 17 June, 2010
ICC-OTP
16 June 2010
New suspects in the situation in Darfur, Sudan arrive voluntarily at the ICC: First appearance scheduled for tomorrow
NGO Letters, Papers, Reports, and Statements
Author Date and Title
IRRI
22 Apr 2014
In Memoriam: Osman Hummaida
Amnesty International
14 Mar 2014
Sudan: We can't endure any more: The impact of inter-communal violence on civilians in Central Darfur
International Justice Project
04 Mar 2014
Open Letter: Five Years of Impunity in Darfur Must End
Action Mondiale des Parlementaires
03 Mar 2014
Les membres de PGA condamnent la visite du Président El-Béchir en République démocratique du Congo et appellent les autorités congolaises à respecter leurs obligations de coopération avec la Cour pénale internationale en vertu du Statut de Rome de la
Ligue pour la Paix, les Droits de l’Homme et la Justice
03 Mar 2014
La LIPADHOJ Exige L’arrestation Du President Soudanais Omar El-Bechir Et Son Transferement A La Cour Penale Internationale (CPI)
International Justice Project
26 Feb 2014
DRC: It’s Time to Arrest Bashir
International Crisis Group
27 Jan 2014
Sudan’s Spreading Conflict (III): The Limits of Darfur’s Peace Process
NGO Media Statements
Author Date and Title
IJP
27 June 2014
Darfur Victim Testifies at ICC Meeting on Non-Cooperation
HRW
25 June 2014
UN: Investigate Alleged Darfur Cover-Ups
International Justice Project
28 Apr 2014
IJP Urges Ambassador Power to Act on UNAMID
Human Rights Watch
25 Apr 2014
African Rights Commission: Focus on Angola, Sudan
Human Rights Watch
21 Apr 2014
Sudan: No Justice for Protest Killings
FIDH
18 Apr 2014
Sudan and the community of human rights defenders lose a great activist – A Tribute to Osman Hummaida
Human Rights Watch
18 Apr 2014
Tribute to Osman Hummaida, Sudanese Human Rights Defender
Official Documents
Author Date and Title
NCICC
15 July 2013
Suit seeking Nigerian arrest warrant against Omar Al-Bashir
UN Reports, Resolutions, and Statements
Author Date and Title
UN Security Council
14 Nov 2011
Security Council demands immediate halt to all attacks by Lord's Resistance Army in Central Africa, especially on civilians, insisting on disarming combatants
Special Rapporteur on the situation of human rights in the Sudan
24 Sept 2007
Report of the Special Rapporteur on the situation of human rights in the Sudan (refers to ICC in summary and paragraphs 6, 45, 87)
Office of the High Commissioner for Human Rights in cooperation with the UN Mission in S
20 Aug 2007
Eighth periodic report of the United Nations High Commissioner for Human Rights on the human rights situation in the Sudan: Women abducted, raped and kept as sex slaves following the December 2006 attacks on Deribat
UN High Commissioner for Human Rights
05 May 2006
Statement by UN High Commissioner for Human Rights Louise Arbour following visit to Sudan, 30 April-5 May 2006
GA
02 Nov 2005
Resolution considered by the General Assembly (debate adjourned): Draft Resolution on Situation of Human Rights in Sudan (A/C.3/60/L.47) (reference to ICC in OP1 and OP 5)
Security Council
31 Mar 2005
Provisional Draft Resolution 1593, referring the situation in Darfur to the ICC: United Kingdom
Security Council
31 Mar 2005
Resolution 1593, referring the situation in Darfur to the ICC
Video Resources
Author Date and Title
UN
11 June 2010
Presentation of the 11th Report of the ICC Prosecutor to the UNSC