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Abu Garda Case Not Ready For Trial: CICC Press Release; Related Media Coverage

09 Feb 2010

Dear all,

On 8 February 2010, Pre-Trial Chamber I of the International Criminal Court (ICC) declined to confirm charges of war crimes against Darfur rebel leader Bahr Idriss Abu Garda, hence refusing to move his case forward to trial. Although Judges insisted 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.

Please find below the latest media advisory issued by the Coalition for the International Criminal Court (CICC) (I) as well as related media coverage (II).

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
www.coalitionfortheicc.org

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I. CICC MEDIA ADVISORY

i. "Abu Garda Case Not Ready For Trial," CICC Press Release, 8 February 2010, http://www.iccnow.org/documents/CICCAdvisory_Confirmationdecision_AbuGardaCase_8Feb10_Eng__Final.pdf

"ABU GARDA CASE NOT READY FOR TRIAL:
Pre-Trial Judges Say They Lack Evidence To Try Darfur Rebel Leader At This Stage

WHAT: On 8 February 2010, Pre-Trial Chamber I of the International Criminal Court (ICC) unanimously declined to confirm charges of war crimes against Darfur rebel leader Bahr Idriss Abu Garda, hence refusing to move his case forward to trial at this stage. The Prosecutor had argued that Abu Garda commanded an attack on the African Union Mission in Sudan (AMIS) at the Haskanita base in North Darfur, Sudan in September 2007, killing twelve and severely wounding eight AMIS personnel. Although Judges insisted 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 is likely to seek to appeal the decision.

HOW: Abu Garda was charged with crimes of violence to life, intentionally directing attacks against personnel, installations, material, units and vehicles involved in a peacekeeping mission, and pillaging. The decision issued today results from a public hearing held by Pre-Trial Chamber I from 19 to 30 October 2009, during which the ICC Prosecutor was required to support these war crimes charges with evidence. Abu Garda objected to the charges and challenged the evidence through his counsel. Three Prosecution witnesses and one Defence witness presented their testimonies. 78 victims participated in the hearing through four legal representatives.

WHO: Bahr Idriss Abu Garda is the chairman and general coordinator of military operations of the United Resistance Front (URF). From 2005 to 2007, Abu Garda was the Vice-President of the Justice and Equality Movement (JEM), a Sudanese armed group. On 17 May 2009, Abu Garda was summoned to appear before the International Criminal Court in The Hague, which he did voluntarily on 18 May 2009.

NEXT STEPS: The Prosecutor of the ICC has the right to request leave to appeal the decision. At a later stage, the Prosecution could again request the Chamber to confirm the charges against Abu Garda if supported by additional evidence.

COMMENT: “The decision declining to confirm charges against Sudanese rebel leader Bahar Idriss Abu Garda shows that the ICC judges abide by strictest standards of fair trial including high respect for the presumption of innocent and serious examination of the evidence before them,” explained William R. Pace, Convenor of the Coalition for the ICC – a civil society network in 150 countries advocating for a fair, effective and independent ICC and improved access to justice for victims of genocide, war crimes and crimes against humanity.

BACKGROUND: The 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 through Resolution 1593 on 31 March 2005. Since the referral, and in addition to the Abu Garda case, three public arrest warrants have been issued in the Darfur investigation against Ahmad Muhammad Harun, Ali Kushayb and Omar Hassan Ahmad al-Bashir. None of the three outstanding arrest warrants have been executed as the Sudanese government has openly defied and consistently refused to cooperate with the Court and the international community.

The ICC is the first permanent international court capable of trying individuals accused of war crimes, crimes against humanity and genocide. To date, it has publicly issued twelve arrest warrants and one summons to appear for investigations in four situations: the Central African Republic; Darfur, Sudan; Uganda; and the Democratic Republic of Congo. Four suspects are currently in custody. The ICC Office of the Prosecutor has allegedly analyzed or is analyzing at least nine other situations on four continents...."

II. RELATED MEDIA COVERAGE

i. "International Court Dismisses Case of Darfur Rebel", AP /New York Times, 8 February 2010,
http://www.nytimes.com/aponline/2010/02/08/world/AP-EU-War-Crimes-Darfur.html?_r=1

"International war crimes judges dismissed the case against a Sudanese rebel leader Monday, ruling that prosecutors failed to provide enough evidence to put him on trial for the deaths of international peacekeepers.

Bahar Idriss Abu Garda had been accused of planning and participating in an attack on an African Union peace mission in Sudan's Darfur region in 2007 that killed 12 international troops.

Had it gone to trial, the case would have been a milestone in imposing international justice on the brutal Darfur conflict and would have tested international law that attacking noncombatant peace forces is a war crime.

Abu Garda was charged with three war crimes stemming from the assault on the Haskanita military camp, which prompted the African Union to suspend its mission.

The judges of the International Criminal Court said they were not satisfied that the prosecution had a viable case against Abu Garda, and they declined to confirm the charges against him.

They said the case could be reopened if the prosecution provides more evidence...."

ii. "ICC dismisses charges against Darfurian rebel leader for lack of evidence," UN News Center, 8 February 2010,
http://www.un.org/apps/news/story.asp?NewsID=33702&Cr=international&Cr1=criminal

"The International Criminal Court (ICC) today declined to confirm the charges made against a rebel leader accused of directing the September 2007 attack that killed a dozen African Union peacekeepers in Sudan’s strife-torn Darfur region, citing a lack of evidence.

The Court’s pre-trial chamber 'was not satisfied that there was sufficient evidence to establish substantial grounds to believe that Bahar Idriss Abu Garda could be held criminally responsible either as a direct or as an indirect co-perpetrator for the commission of the crimes,' according to a news release issued by the ICC. ..."

iii. "Darfur rebel Abu Garda will not face ICC charges," BBC News, 8 February 2010, http://news.bbc.co.uk/2/hi/africa/8505014.stm

"The first Darfur war crimes suspect to face international judges has had the charges against him dropped.

Rebel leader Bahar Idriss Abu Garda, who gave himself up last year, had been accused of planning the killing of 12 African Union peacekeepers in 2007.

But International Criminal Court (ICC) judges ruled that there was not enough evidence to support a trial.

Last week, the ICC said charges of genocide against Sudan's President Omar al-Bashir could be resubmitted.

Mr Bashir is already wanted for war crimes. ...."

iv. "Darfur rebel leader escapes ICC trial," Radio Netherlands, 8 February 2010,
http://www.rnw.nl/english/article/darfur-rebel-leader-escapes-icc-trial

"Darfur rebel leader Bahar Idriss Abu Garda will not have to stand trial in The Hague for the killing of 12 African Union peacekeepers in 2007.

The International Criminal Court says there is not enough evidence to charge him with responsibility for the attack on the AU peacekeeping force in Darfur in western Sudan...."

SEE ALSO:

v. "Darfur rebel leader cleared by ICC," UPI, 8 February 2010,
http://www.upi.com/Top_News/International/2010/02/08/Darfur-rebel-leader-cleared-by-ICC/UPI-56881265654269/

vi. "International Court dismisses case of Darfur rebel," Washington Post, 8 February 2010,
http://www.washingtonpost.com/wp-dyn/content/article/2010/02/08/AR2010020801845.html

vii. "Hague court dismisses charges against Sudan rebel," Reuters, 8 February 2010,
http://af.reuters.com/article/topNews/idAFJOE6170I120100208