Follow Us:

Darfur: Latest on Abu Garda Summons Appearance at ICC including statements from ICC, UNSG, CICC and its Members

18 May 2009

Date: May 18, 2009
Name: Darfur: Latest on Abu Garda Summons Appearance at ICC including statements from ICC, UNSG, CICC and its Members

Page assignment: darfur

Doc type: media digest

Language: English only





Dear all,

On 18 May 2009, Darfuri rebel leader Bahr Idriss Abu Garda appeared before ICC judges in The Hague for three counts of war crimes allegedly committed against African Union peacekeeping forces at the Haskanita military base (Darfur) on 29 September 2007. On 17 May, judges announced that they had issued a summons to appear for Abu Garda, who is the first suspect to appear before the Court in connection with its investigation in Darfur, Sudan.

This message contains information on Abu Garda's voluntary appearance today before the ICC in response to the ICC summons and includes, specifically, ICC press releases (and links to related ICC materials); UNSG Statement; CICC media advisory; NGO member statements from FIDH, HRW and PGA and select news articles of interest including an AFP newswire article published today quoting CICC Convenor, William Pace.

To learn more about the Court's investigations in Darfur, visit us online at http://www.coalitionfortheicc.org/?mod=darfur and to participate in our blog discussion on Darfur, we encourage you to visit www.coalitionfortheicc.org/ blog

Please take note of the Coalition's policy on situations before the ICC (below),
which explicitly states that the CICC will not take a position on potential and
current situations before the Court or situations under analysis. The Coalition,
however, will continue to provide the most up-to-date information about the ICC.

Regards,

CICC Secretariat
[email protected]

I. ICC PRESS RELEASES

i. "Abu Garda arrived at the premises of the Court," ICC-CPI Press Release, 18 May 2009, http://www.icc-cpi.int/menus/icc/situations and cases/situations/situation icc 0205/press releases/abu garda arrived at the premises of the court?lan=en-GB
Situation in Darfur, Sudan
Case: The Prosecutor v. Bahr Idriss Abu Garda

Abu Garda, suspected of having committed war crimes in Darfur Sudan, has voluntarily arrived in The Netherlands this afternoon in a commercial aircraft. After his arrival Abu Garda was notified by Court officials of the order to appear before the Pre-Trial Chamber I tomorrow at 3 p.m. Following a meeting with his legal counsel he was conducted to a location assigned by the Court for his stay in The Hague at 6.00 p.m.

The location that remains confidential is considered an extension of the Court's premises. During his stay in the Netherlands Abu Garda has been ordered not to leave the premises of the Court without specific authorisation by the Chamber.

The Registrar of the Court, Mrs Silvana Arbia, welcomed his arrival: "The voluntary appearance of Abu Garda might serve to encourage other suspects currently at large to come before the Court to be heard with all guarantees of a fair trial".

For the first time, the ICC Judges issued a summons to appear instead of an arrest warrant. The Judges of Pre Trial Chamber I were satisfied that Abu Garda will appear before the Court without the need to arrest him.

This complex operation would not have been possible without the cooperation of several States. "I am very grateful to the authorities of The Netherlands and other countries which have made possible this operation. Within the spirit of the Rome Statute, they have been continuously supportive to the work of the Court," Mrs Arbia said.

Abu Garda, member of the Zaghawa tribe of Sudan, is charged with three war crimes allegedly committed during an attack carried out on 29 September 2007 against the African Union Mission in Sudan, a peace-keeping mission stationed at the Military Group Site Haskanita, Umm Kadada locality, North Darfur. During this attack twelve AMIS soldiers were allegedly killed and eight others were severely wounded.

"Today our thoughts are with peacekeepers and other workers of humanitarian organisations who provide essential security and help to support millions of people in countries facing armed conflicts," said the Registrar.

At the suspect's initial appearance, Judge Cuno Tarfusser (Italy), acting as single judge will inform him of the crimes which he is alleged to have committed and of his rights. After the hearing, Abu Garda is free to leave the country. He will be required to return to The Netherlands to attend a confirmation of charges hearing before trial which will be held within a reasonable time to determine whether or not there are substantial grounds to believe that he committed the crimes charged.

ii. ICC Press Release, "Prosecutor: `The attack on African Union peacekeepers in Haskanita was an attack on millions of civilians they had come to protect; we will prosecute those allegedly responsible,'"17 May 2009, http://www.icc-cpi.int/menus/icc/situations and cases/situations/situation icc 0205/press releases
/prosecutor_ %E€œthe attack on african union peacekeepers%
20in haskanita was an attack on millions of civi?lan=en-GB

ICC Prosecutor welcomes that Bahar Idriss Abu Garda, a rebel commander in Darfur, alleged to have attacked and killed 12 African Union Peacekeepers, injured many others and looted the AU base of Haskanita in September 2007 will voluntarily appear in Court on Monday 18 May in response to a summons.

Today, Prosecutor Moreno-Ocampo paid tribute to the peacekeepers: "By killing peacekeepers, the perpetrators attacked the millions of civilians who those soldiers came to protect. They came from Senegal, from Mali, from Nigeria, from Botswana, to serve and protect. They were murdered. Attacking peacekeepers is a serious crime under the Statute and shall be prosecuted."

The rebel commander is the first person to appear before the Court voluntarily in response to a summons and the first person to appear in relation to the Darfur investigation opened in June 2005.

The Office of the Prosecutor announced in June 2007 that it was monitoring attacks against peacekeepers and aid workers in Darfur. Following the September attack in Haskanita, the most serious attack against peacekeepers in Darfur, the opening of the investigation was formally announced by the Prosecutor of the ICC in December 2007; in his report to the UNSC, Prosecutor Moreno-Ocampo then indicated that "such attacks [as the attack against AU peacekeepers in Haskanita in September 2007] can constitute war crimes within the ICC's jurisdiction".

In June 2008, the Office further confirmed to the UNSC that the Haskanita case would be completed before the end of the year, noting that "parties are targeting those who came to help civilians, the AU and UN Peacekeepers, the aid workers. Such attacks also …. have a direct impact on the delivery of vital services and thereby exacerbate the suffering of vulnerable groups. They impact on the lives of thousands…. The focus of the Office investigation is the 29 September 2007 attack on Haskanita…. [It] appears to have been committed by rebel forces… Council Members emphasized that no effort should be spared to bring the perpetrators to justice."

The Prosecution also sought a summons in its first Darfur case against Ahmad Harun and Ali Kushayb in February 2007; after the Government of Sudan and the named individuals stated they would not cooperate with the Court, the Judges issued a warrant of arrest. The Prosecutor confirmed today that "voluntary appearance is always an option under the Statute including for President Al Bashir should he elect to cooperate."

Prosecutor Luis Moreno-Ocampo added that "Cooperation by all parties to the conflict with the ICC, as mandated by the UNSC Resolution 1593, is of critical importance." He also stressed that "Abu Garda's appearance in Court would not have been possible without the assistance of a number of African and European States, who worked together with the Office of the Prosecutor over the last 8 months, including The Netherlands, the Host State of the ICC, Chad, Senegal, Nigeria, Mali and the Gambia. I wish to congratulate the OTP tracking cell and to thank the staff of the Registry who ensured the smooth arrival of the suspect in The Hague."

The names of two other rebel commanders referred to in the Prosecutor's application remain undisclosed.

On 20 November 2008, the ICC Prosecutor submitted a sealed case against three unidentified rebel commanders believed to be behind the raid on the Haskanita military base at which twelve African Union peacekeepers were killed, and an additional eight injured. This is the third case the Prosecutor is investigating in Darfur, a situation referred to him by Resolution 1593 adopted on 31 March 2005 by the United Nations Security Council. The Prosecution has focused on some of the most serious incidents and the individuals who, according to the evidence, bear the greatest responsibility for crimes in Darfur.

II. RELATED ICC MATERIALS

i. Audio/Visual Summary

To view the ICC audio and video summary of the Abu Garda initial appearance hearing on 18 May 2009 see following links:

Audio http://drop.io/090518FirstApp
Video http://drop.io/090518VideoInitialApp

ii. "SITUATION IN DARFUR, SUDAN IN THE CASE OF THE PROSECUTOR V. BAHR IDRISS ABU GARDA [Public Redacted Version]," ICC, 7 May 2009, http://www.icc-cpi.int/NR/rdonlyres/69706E97-0BC2-4ED5-AE67-5A3E451BF05C/280329/DecisionontheProsecutorsapplication.pdf

iii. "Question & answers on the summons to appear issued for Bahr Idriss Abu Garda," ICC, May 2009, http://www.icc-cpi.int/NR/rdonlyres/69706E97-0BC2-4ED5-AE67-5A3E451BF05C/280316/QAEng3.pdf
III. UNSG STATEMENT

"Statement attributable to the Spokesperson for the Secretary-General on Darfur – Appearance of Mr. Abu Garda at the International Criminal Court," 18 May 2009, http://www.un.org/apps/sg/sgstats.asp
"The Secretary-General takes note of the voluntary appearance of Mr. Bahr Idriss Abu Garda before the International Criminal Court on 18 May 2009, in response to charges of war crimes committed on 29 September 2007 at the Haskanita base of the African Union Mission in Sudan. The Secretary-General commends the Court's efforts to ensure accountability for crimes against peacekeepers and emphasizes that the United Nations respects the independence of the Court and its judicial process."

IV. CICC MEDIA ADVISORY
"ICC Issues Summons to Appear for Rebel Leader in Third Darfur Case Citing Crimes against AU Peacekeepers: Alleged War Crimes Suspect to Appear in The Hague on 18 May 2009," CICC Press Release, 17 May 2009, http://www.coalitionfortheicc.org/documents/CICC_Advisory_Haskanita_summons_Final.pdf

"WHAT: On 17 May 2009, the International Criminal Court (ICC) announced that a summons to appear had been issued for Bahr Idriss Abu Garda for war crimes allegedly committed against the African Union peacekeeping forces at the Haskanita military base (Darfur, Sudan). The suspect, who arrived in The Hague on the same day, was ordered to appear before the Court on Monday, 18 May 2009 at 3 p.m. in The Hague.

WHO: Bahr Idriss Abu Garda is a rebel commander and a member of the Zaghawa tribe of Sudan. The Chamber held that there are reasonable grounds to believe that Abu Garda bears criminal responsibility for war crimes allegedly committed on 29 September 2007 when 12 peacekeepers were killed and 8 were wounded. On 20 November 2008, the prosecution also requested arrest warrant or summons to appear for two other persons who allegedly participated in the Haskanita attack.

WHY: The judges have examined the application of the prosecutor and concluded that there are reasonable grounds to believe that Abu Garda co-perpetrated the following three counts of war crimes: 1.) violence to life in the form of murder, whether committed or attempted; 2.) attacking personnel or objects involved in a peacekeeping mission; and 3) pillaging.

HOW: The decision was issued under seal on 7 May 2009 and unsealed on 17 May 2009. For the first time and upon the request of the prosecutor, ICC judges issued a summons to appear instead of an arrest warrant. This procedure is available when judges determine that a summons is sufficient to ensure the appearance of the suspect before the Court. The summons is served on the suspect himself, not on a state.
Following the unsealing of the summons, the Court announced that Abu Garda had arrived in The Hague on 17 May 2009. After a meeting with his lawyer and notification by the Court that he has been ordered to appear before ICC judges on 18 May 2009, Garda was escorted by the Court to an undisclosed location. In a public statement, the prosecution alleged Abu Garda's appearance had been facilitated by the assistance of a number of African and European states, including The Netherlands, Chad, Senegal, Nigeria, Mali and the Gambia.

BACKGROUND: In addition to today's summons, three public arrest warrants have been issued in the Darfur investigation. On 2 May 2007, Pre-Trial Chamber I issued arrest warrants for Ahmad Muhammad Harun and Ali Kushayb for war crimes and crimes against humanity allegedly committed in Darfur in 2003 and 2004. On 4 March 2009, an arrest warrant for crimes against humanity and war crimes was issued for Omar Hassan Ahmad al-Bashir, the president of Sudan. The investigation into the situation in Darfur, Sudan was officially opened by the ICC prosecutor on 6 June 2005. The situation in Sudan was referred to the Court by the United Nations Security Council through Resolution 1593 on 31 March 2005. Since the referral and the issuance of the warrants, the Sudanese government has openly defied and consistently refused to cooperate with the Court and the international community. To date, none of the three outstanding arrest warrants have been executed.

FOR ADDITIONAL INFORMATION: Please visit the Coalition's website at
http://www.coalitionfortheicc.org/?mod=darfur and participate in our blog "In Situ: See justice through the eyes of civil society" at www.coalitionfortheicc.org/blog

COMMENT AND BACKGROUND:
`Attacks on international peacekeepers constitute a grave threat to the international community's ability to protect civilian populations and to maintain international peace and security,' said William R. Pace, Convenor of the Coalition for the ICC, stressing the significance of these developments. `With this, both the suspect and a number of cooperating states, mainly African, have shown confidence in the ICC's ability to offer a fair trial and contribute to justice in Darfur. Such confidence and level of cooperation are necessary to end impunity and serve as an important precedence for the other ICC cases, in Darfur and beyond,' Pace concluded.

`The Court's decision sends a clear message that it is targeting all parties involved in the
conflict," said Dismas Nkunda, Chair of Darfur Consortium. "These developments prove that nobody will be able to hide behind impunity, whatever their role in the conflict, either rebels or those in government,' he added.

Experts from international and Sudanese human rights organizations are listed on the following pages for comment and background on these developments [Omitted]..."

V. MEMBER STATEMENTS

i. "PGA Welcomes Voluntary Surrender of Darfurian Rebel Leader to the ICC: Pre-Trial Chamber Hears Mr. Abu Garda on Alleged War Crimes Committed Against AU Peacekeepers," Parliamentarians for Global Action Press Release, 18 May 2009, http://coalitionfortheicc.org/documents/05-18-09_PGA_DARFUR-ICC_PRESS_STATEMENT_(Abu_Garda_surrender).pdf

"Parliamentarians for Global Action (PGA), a network of more than 1300 Legislators from 130 countries of all regions of the world, welcomes the voluntary surrender of Darfurian rebel Mr. Bahr Idriss Abu Garda today to the International Criminal Court (ICC).

...Mr. Abu Garda has appeared today before Judge Tarfusser of ICC Pre-Trial Chamber I and will be afforded all guarantees of a fair and impartial trial....

`Cooperation with international justice depends on the law-enforcement action of sovereign States on their own territories or the voluntary action of individuals wherever they are', said Mr. M.J. Nolan, MP, Ireland, Deputy Convenor of PGA's International Law and Human Rights Programme. `The President of Sudan must now follow the example of one of his opponents and deliver himself to the Court', said Mr. Nolan.

`This Court has jurisdiction over serious offenses against civilians, peacekeepers and all protected persons under international law: No one is above the law, and no one can claim as a defence that they were fighting for the right cause', said Senator Raynell Andreychuk, Chair of the Human Rights Committee in the Canadian Senate, also Deputy Convenor of the PGA International Law and Human Rights Programme. `There is no immunity and there shall be no impunity for crimes under International Law", the Senator affirmed. `In the absence of effective international means to arrest and surrender suspects, voluntary surrender is legally (and morally) important', added Mr. David Musila, MP, Chair of the PGA Kenya National Group, who underscored that `today's development shows that the ICC is not only targeting the President of Sudan, who is accused of war crimes and crimes against humanity along one of his Ministers and a leader of the Janjaweed militia, but also insurrectional rebel leaders. Thus, the ICC applies the law equally to all and investigates crimes committed by all sides, as prescribed in the Rome Statute.' The President of Parliamentarians for Global Action (PGA), Senator Bassey Ewa-Henshaw of Nigeria, urged `all parties involved in the Darfur conflict to refrain from the use of violence and retaliation, accept international law and agree to the peaceful settlement of any pending dispute as required in the African Union-led Inter-Sudanese Peace Talks on the Conflict in Darfur in Abuja and in relevant United Nations Security Council resolutions'.

...'The International Community faces many challenges to prevent the attacks against civilians, including torture and rape that are occurring today in Darfur and around the world. Bringing to justice the alleged perpetrators, albeit only one aspect of the solution to the problem, is not an easy task for the ICC, which depends on the cooperation of States to enforce its arrest warrants and on the good will of individuals to give effect to its summons to appear', stated Senator Marita Perceval, Chair of the National Defence and Security Committee of the Argentinean Senate and Convenor of the PGA ICC Campaign. `That's why we, as Lawmakers, are actively promoting the reform of National laws, procedures and rules of engagement of armed forces around the world, so to ensure that the ICC legal standards are known, respected and enforced in all our National systems', Senator Perceval concluded."

ii. "First appearance before the International Criminal Cout of a
Sudanese accused of war crimes in Darfur," FIDH, 18 May 2009, http://coalitionfortheicc.org/documents/sdcpi1805a_(2).pdf

"Today, Bahar Idriss Abu Garda, a rebel commander in Darfur, alleged to have attacked and killed 12 African Union Peacekeepers, injured many others and looted the AU base of Haskanita in September 2007 will appear before the Pre Trial Chamber I of the International Criminal Court
(ICC) at 3pm.

Bahar Idriss Abu Garda will appear on a voluntary basis, as he voluntarily travelled to the
Netherlands, arriving yesterday afternoon in a commercial aircraft. Following a meeting with his
legal counsel, he was conducted to a location assigned by the Court for his stay in The Hague.
FIDH welcomes the first appearance for crimes allegedly committed in Darfur. The rebel
commander is the first accused to appear voluntarily before the ICC and the first to respond for
crimes perpetrated in Darfur.

The Prosecutor insisted that this appearance would not have been possible `without the
cooperation of African and European States, in particular The Netherlands, the Host State of the
ICC, Chad, Senegal, Nigeria, Mali and the Gambia'.`The important cooperation of several African States clearly illustrates the commitment of African States to the ICC and to justice. It contradicts the recent accusations of a Court against Africa', added Souhayr Belhassen.

FIDH urges all States to cooperate with the ICC and in particular to enforce the three pending
arrest warrants against President Al Bashir, Ahmad Harun, Minister of humanitarian affairs recently appointed Governor of South Kordofan, and Ali Kushayb, janjaweed commander, in order to implement their international obligations and ensure victims' right to truth and justice."

iii. "ICC/Darfur: Court Acts to Protect African Peacekeepers: Rebel Commander Expected to Appear Before the International Criminal Court," Human Rights Watch, 17 May 2009,
http://www.hrw.org/en/news/2009/05/17/iccdarfur-court-acts-protect-african-peacekeepers

"The decision by the International Criminal Court (ICC) to summon a rebel leader allegedly responsible for the killing of African Union peacekeeping forces in Darfur underscores the gravity of attacks against those deployed to protect civilians, Human Rights Watch said today. Rebel commander Bahar Idriss Abu Garda is expected to appear voluntarily before ICC judges tomorrow to respond to the summons.
...`This case signals the seriousness of deliberately attacking peacekeepers who are defending civilians,' said Richard Dicker, International Justice Program director at Human Rights Watch. `We welcome Bahar Idriss Abu Garda's appearance at the court, which contrasts starkly with the Sudanese government's relentless obstruction of justice to the victims in Darfur.'
The Rome Statute of the ICC allows the pretrial chamber to issue a summons to appear rather than an arrest warrant if the judges are satisfied that a summons is sufficient to ensure that the person will appear before the court. The ICC prosecutor made a request for a summons to appear in February 2009.
Peacekeepers are responsible for essential civilian protection activities, including patrols to protect women and girls when they leave displaced-persons camps to collect grass, firewood, and water. When these escorts have been provided, they have reduced the risk of rape and other sexual violence that is still widespread across Darfur. Repeated attacks on international peacekeepers have compromised the effectiveness of peacekeeping operations in Darfur, though. In the months following the Haskanita attack, AMIS adopted stricter security guidelines, curtailed all its activities, and confined staff to their bases, severely limiting its ability to protect civilians.
...'Attacks on peacekeepers further weaken the already-fragile security situation in Darfur,' said Dicker. `While rebel attacks have not been on the same scale as the crimes committed in the Sudanese government's counterinsurgency campaign, they are nonetheless serious crimes that also have major implications for civilians.'
Those killed during the attack on the Haskanita base included peacekeepers from four African countries. The African Union conducted its own investigation and in October 2007 issued a statement that identified the need to `bring the culprits to international justice.' More recently, several North African states that are not ICC members have been critical of the court because of its focus on Africa to date. Although all four of the ICC's current investigations are in Africa, three were referred voluntarily by the governments where the crimes were committed, while the Darfur situation was referred by the UN Security Council.
`The criticism coming from a few non-ICC members that the court is anti-African inexplicably ignores the thousands of African victims whom the court is fighting to defend,' said Dicker. `This criticism is even more dubious given the court's effort to try those allegedly responsible for attacks on peacekeepers from Botswana, Mali, Nigeria, and Senegal.'"
VI. MEDIA ARTICLES

i. "Darfur rebel declares innocence after war crimes hearing," AFP, 18 May 2009, http://www.google.com/hostednews/afp/article/ALeqM5iTZpxOikqvCGi30a8kjV6XfNdCXg
"A Darfur rebel chief proclaimed his innocence on Monday after appearing before an international war crimes court and urged Sudan President Omar al-Beshir to follow his example and surrender.
...`I would like to confirm that absolutely I am not guilty to all charges,' the United Resistance Front leader told journalists in The Hague after a brief appearance on three counts of war crimes. `But it is very important for any honest leader to come and to face the justice.'
His surrender came some 10 weeks after the ICC issued an arrest warrant for Beshir, who has refused to cooperate.
...ICC prosecutor Luis Moreno-Ocampo, who was present for Monday's hearing, has described the act as `the most serious attack against peacekeepers in Darfur.'
`I am looking forward to clearing my name,' the rebel leader told journalists outside the court, adding that `justice should be implemented for everybody, whether it is Abu Garda or President Omar al-Beshir.'
`I call on Omar al-Beshir and the others ... they should face the justice, come to face the justice here.'
...Dressed in a grey suit and striped tie, Abu Garda introduced himself to the court in Arabic as `the commander of a resistance movement', and `a political commander by profession.'"
The judge set October 12 as the date for a hearing to determine whether there are sufficient grounds for a trial.
Abu Garda planned to leave the Netherlands by Tuesday, and said he would return to Darfur `as soon as possible'...."
ii. "Darfur Rebel Chief Garda Appears Before War Crimes Court," AFP, 18 May 2009, http://www.nasdaq.com/aspx/stock-market-news-story.aspx?storyid=200905181005dowjonesdjonline000279&title=updatedarfur-rebel-chief-garda-appears-before-war-crimes-court

"Darfur rebel chief Bahar Idriss Abu Garda appeared Monday before the International Criminal Court after surrendering himself to face war crimes charges over an attack that killed 12 peacekeepers. The United Resistance Front leader faces three war crimes charges, including murder and pillaging, and is the first to appear before the ICC in connection with the six-year conflict in the western Sudanese region.

`The court appreciates very much your volunteer appearance,' Judge Cuno Tarfusser told Abu Garda at the start of proceedings in The Hague. `You have sent out a very good message.'

...Alongside two other rebel leaders whose names the prosecutor hasn't divulged, Abu Garda is accused of commanding about 1,000 men in a convoy of 30 vehicles mounted with heavy weapons to attack the AMIS peacekeepers.

...The court had issued a summons instead of an arrest warrant for Abu Garda as he had said he would appear before it willingly - the first ever to do so.

...Abu Garda would be allowed to leave for Darfur after Monday's appearance, to return to The Hague later for a hearing to determine whether there are sufficient grounds for a trial.
Human Rights Watch welcomed Abu Garda's pending court appearance, `which contrasts sharply with the Sudanese government's relentless obstruction of justice to the victims in Darfur...'

William Pace, spokesman for the NGO Coalition for the ICC, said the appearance was a sign the suspect and some states have confidence in the ICC's ability to offer a fair trial.
`Such confidence and level of cooperation are necessary to end impunity,' he said."

iii. "First Darfur rebel appears before ICC," The Hague Justice Portal, 18 May 2009, http://www.haguejusticeportal.net/smartsite.html?id=10641

"On 18 May 2009 Bahr Idriss Abu Garda appeared before Pre-Trial Chamber I at the International Criminal Court (ICC). Abu Garda is accused of war crimes in relation to the killing of 12 African Union peacekeepers in 2007 during an attack on the Haskanita Military Group site in North Darfur. He is the first accused to appear before the ICC concerning the situation in Darfur and the first accused to appear without an arrest warrant.

Abu Garda was summonsed to appear before the Court, and voluntarily arrived in the Netherlands on Sunday afternoon on a commercial aircraft.

Abu Garda, a member of the Zaghawa tribe of Sudan, is the current Chairman and General Co-ordinator of Military Operations of the United Resistance Front, a rebel group fighting against the Sudanese Government in the west of Sudan...

Pre-Trial Chamber I at the ICC found that there were reasonable grounds to believe that Abu Garda was responsible as a co-perpetrator for three war crimes under article 25(3)(a) of the Rome Statute...

The appearance of Abu Garda before the Pre-Trial Chamber marks the first time that the ICC has issued a summons to appear before the Court instead of an arrest warrant....

At his initial appearance, Judge Cuno Tarfusser, acting as single judge, informed Abu Garda of the crimes which he is alleged to have committed and of his rights.

Abu Garda is free to leave the country after the initial hearing, but may be required to return to The Netherlands to attend a confirmation of charges hearing which will take place in October 2009, before the start of the trial.

Two other Sudanese rebels are also accused of crimes in relation to the Haskanita attack, but their names have not yet been released."

iv. "Darfurian Rebel Commander to Face War Crimes Charges" by Marlise Simons (New York Times), 17 May 2009, http://www.nytimes.com/2009/05/18/world/africa/18darfur.html?hpw
"...Bahr Idriss Abu Garda, was charged by the court's prosecutor last year and recently received a court summons, though he was not facing an arrest warrant. He is the leader of the United Resistance Front, which is fighting the Sudanese government in the western Darfur region.
...The rebel leader is expected to face a judge on Monday afternoon, making him the first person to appear in the court as a result of its Darfur investigation, which began in June 2005. Two leaders from different rebel groups, also sought by the prosecutor for the same attack, have sent word through mediators that they are also willing to go to The Hague, a court official said. Their names have not been disclosed.
The voluntary surrender of Abu Garda, and possibly the two others, is a clear and deliberate contrast to the reaction of Sudanese government leaders, who have vilified the court since it issued arrest warrants against them, including President Omar Hassan al-Bashir.
`We want to set an example to the Sudanese leadership and others accused in Sudan,' said Tadjadine Niam, a member of the Darfurian delegation traveling with Abu Garda, in a telephone interview. `We believe the court is independent and impartial. Let the others also come to the court.'
Mr. Niam said his group could make no further comments until after the hearing on Monday. Abu Garda has earlier said he had no problem going to The Hague because he was not involved in the attack.
...Abu Garda's court appearance on Monday is expected to be a brief formality. Although he is still a free man, and may remain so until further notice, the Dutch authorities said they had asked that he be confined to his quarters and leave only to visit the court."

**************************

CICC's policy on the referral and prosecution of situations before the ICC:

The Coalition for the ICC is not an organ of the court. The CICC is an
independent NGO movement dedicated to the establishment of the International
Criminal Court as a fair, effective, and independent international organization.
The Coalition will continue to provide the most up-to-date information about the
ICC and to help coordinate global action to effectively implement the Rome
Statute of the ICC. The Coalition will also endeavor to respond to basic queries
and to raise awareness about the ICC's trigger mechanisms and procedures, as
they develop. The Coalition as a whole, and its secretariat, do not endorse or
promote specific investigations or prosecutions or take a position on situations
before the ICC. However, individual CICC members may endorse referrals, provide
legal and other support on investigations, or develop partnerships with local
and other organizations in the course of their efforts.
Communications to the ICC can be sent to:
ICC
P.O. box 19519
2500 CM the Hague
The Netherlands