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Darfur: CICC Media Advisory and Related News

16 June 2010

Dear all,

Please find below information about recent developments related to the International Criminal Court's investigation in Darfur, Sudan.

The ICC announced today that Abdallah Banda Abakaer Nourain (Banda) and Saleh Mohammed Jerbo Jamus (Jerbo), both suspected of having committed war crimes in Darfur, Sudan, arrived voluntarily this morning at the International Criminal Court (ICC) following summonses to appear issued first under seal on 27 August, 2009, by Pre-Trial Chamber I.

This message includes the CICC media advisory (I) and related news and articles (II).

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

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.

With regards,

CICC Secretariat
www.coalitionfortheicc.org

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I. CICC MEDIA ADVISORY

"One Step Forward In Darfur Investigation: Two Suspects Appear Voluntarily Before ICC Judges," CICC Media Advisory, 16 June 2010
http://www.coalitionfortheicc.org/documents/CICC_Advisory_Haskanita2_16June2010.pdf

"WHAT: On 16 June 2010, the International Criminal Court (ICC) announced that two suspects in the situation in Darfur/ Sudan have arrived at the ICC and will appear before the Pre-Trial Judges on Thursday, 17 June at 10 am. Abdallah Banda Abakaer Nourain (Banda) and Saleh Mohamed Jerbo Jamus (Jerbo) are alleged to have been involved in an attack on peace keepers forming part of the African Union Mission in Sudan (AMIS) at the Military Group Site Haskanita in North Darfur, Sudan carried out on 29 September 2007.

WHO: Banda and Jerbo are rebel commanders. The Court had issued summons to appear for the two suspects for alleged war crimes against the peacekeeping forces at the Haskanita military base (Darfur, Sudan). The attack allegedly killed twelve and severely wounded eight AMIS personnel, originating from several countries including Senegal, Mali, Nigeria, and Botswana. Banda and Jerbo are the second and third suspects to appear voluntarily in Court in the Court's investigation in the Darfur situation. Both suspects will stay at a confidential location assigned to them by the Court.

HOW: The summons to appear for Banda and Jerbo were issued under seal on 27 August 2009 and unsealed today. Upon the request of the prosecutor, ICC judges issued summons to appear instead of arrest warrants for the rebel leaders as they believed they were sufficient to ensure the appearance of the suspects before the Court. The Chamber attached several conditions to the summons to appear. In particular, it ordered Banda and Jerbo to refrain from discussing issues related to the charges or evidence outside the courtroom and from making any political statements.

COMMENT AND BACKGROUND:

'The Rome Statute does not permit proceedings in the absence of the suspect, thus appearance before the court is the only way for an ICC case to move forward.' said Cecilia Nilsson, Head of the Legal Section of the Coalition for the ICC (CICC) - 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. 'While we have moved one step further towards justice for the victims of the Haskanita tragedy, we need to ensure that other victims of serious crimes get that chance too. Eight outstanding ICC arrest warrants, including for Bashir and Kony, mean eight fugitives from justice , which as a result means stalled justice for many thousands of victims of the most heinous crimes', she added. 'Only last week at the Review Conference in Kampala, States promised to assist the Court in the swift enforcement of its pending arrest warrants. Let us not allow them to forget that promise.'

On 20 November 2008, the prosecution had requested summons to appear for three commanders allegedly connected to the Haskanita incident: Banda, Jerbo and Abu Garda.The judges examined the applications of the prosecutor and concluded that there are reasonable grounds to believe that Banda, Jerbo and Abu Garda are criminally responsible for 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.

Darfur rebel leader Abu Garda already appeared voluntarily before the ICC on 18 May 2009 and a public ICC hearing was held in October 2009 to examine the available evidence against him. On 8 February 2010, Pre-Trial Chamber I of the International Criminal Court (ICC) unanimously declined to confirm charges of war crimes against Abu Garda, thereby refusing to move his case forward to trial.

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 cases against Banda and Jerbo, three public arrest warrants have been issued in the Darfur investigation against Ahmad Muhammad Harun, Ali Kushayb and Omar Hassan Ahmad al-Bashir, as well as a summons to appear for Bahr Idriss Abu Garda. None of the 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 world's first permanent international court to prosecute war crimes, crimes against humanity and genocide. There are currently 111 ICC States Parties. Central to the Court's mandate is the principle of complementarity, which holds that the Court will only intervene if national legal systems are unable or unwilling to investigate and prosecute. To date, the ICC has opened investigations in five situations: the Central African Republic; Darfur, Sudan; Uganda; Democratic Republic of Congo and Kenya and it has publicly issued twelve arrest warrants and three summonses to appear. Two trials are ongoing and a third is expected to open in July 2010. The ICC Office of the Prosecutor has made public that it is examining at least eight situations on four continents, including Afghanistan, Colombia, Côte d'Ivoire, Georgia, Guinea and Palestine."

II. LATEST NEWS, RELEASES AND OPINIONS

i. "Suspects in killing of Darfur peacekeepers to appear before ICC on Thursday," UN News Centre, 16 June 2010, http://www.un.org/apps/news/story.asp?NewsID=35038&Cr=icc&Cr1=

"Two rebel leaders accused in the September 2007 attack that resulted in the death of 12 peacekeepers in Darfur arrived voluntarily at the International Criminal Court (ICC) today and will appear before judges on Thursday.

Abdallah Banda Abakaer Nourain (Banda) and Saleh Mohammed Jerbo Jamus (Jerbo) are charged with three counts of war crimes allegedly committed during the attack on the Haskanita camp in South Darfur state.

The attack resulted in the killing of 12 peacekeepers and the wounding of 8 others serving with the African Union Mission in Sudan (AMIS) - a predecessor to the joint UN-African Union peacekeeping mission, known as UNAMID.

It was allegedly carried out by the troops belonging to the Sudanese Liberation Army-Unity (SLA-Unity), which had broken away from the Sudanese Liberation Movement-Army (SLA/M), under the command of Jerbo, jointly with splinter forces of the Justice and Equality Movement (JEM), under the command of Banda.

Until their first appearance before The Hague-based Court tomorrow, both men will stay at a confidential location, according to a news release issued by the ICC. They are ordered not to leave the premises of the Court, including that location, for the whole period of their stay in the Netherlands without the permission of the Pre-Trial Chamber.

'During the hearing tomorrow, they will be informed of the crimes which they are alleged to have committed and of their rights under the Rome Statute," the Court stated. "A confirmation hearing will be held within a reasonable time to determine whether or not there are substantial grounds to believe that they committed the crimes charged...'"

ii. "2 Sudanese war crimes suspects surrender to court," Associated Press, 16 June 2010, http://www.google.com/hostednews/ap/article/ALeqM5iIrzh2m-DE3ofQLZ4fmPoN5JnCAwD9GCDUH02

"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, the court said Wednesday.

Abdallah Banda Abakaer Nourain and Saleh Mohammed 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.

Sudan's government and rebel troops have blamed each other for the attack.

U.N. officials say the war in Darfur has claimed at least 300,000 lives since it began in 2003 through violence, disease and displacement, while some 2.7 million people have been forced to flee their homes.

The Security Council in 2005 referred the Darfur situation to the international court in The Hague. The case against Banda and Jerbo - made public only Wednesday - is the court's fourth war crimes investigation in Sudan.

"This is the culmination of months of efforts," chief prosecutor Luis Moreno-Ocampo aid.

In February the court affirmed that the Haskanita attack constituted a war crime, but dismissed the prosecution's case against a third suspect, Bahar Idriss Abu Garda, for lack of evidence.

It gave no information on how Banda and Jerbo arrived in the Netherlands, but said no arrest warrants were issued as prosecutors assured the men would appear as summoned in an August 2009 court order.

The two were staying at an undisclosed location until a hearing Thursday at which judges will read the charges against them. Each faces three counts of war crimes for the attack. They will not be required Thursday to enter a plea.

.... Moreno-Ocampo commended the Darfur rebels for cooperating with the court, in contrast to the Sudan government which has refused to execute three arrest warrants against officials, including President Omar al-Bashir.

Al-Bashir faces charges of crimes against humanity for allegedly masterminding attacks on African tribal settlements and refugee camps in Darfur."

iii. "Sudan: Darfur rebel leaders surrender to Hague court," BBC News, 16 June 2010, http://news.bbc.co.uk/2/hi/world/africa/10329167.stm

"Two Darfur rebel leaders have surrendered to the International Criminal Court in The Hague.

The men, Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus, were secretly indicted last year.

They are wanted for war crimes in connection with the deaths of 12 African Union peacekeepers in 2007.

Earlier this year, charges against another rebel leader to do with the same attack were dropped because of lack of evidence.

ICC judges ruled prosecutors could not prove that Bahr Idriss Abu Garda, who also gave himself up voluntarily, had planned the attack on the Haskanita AU camp in September 2007...."

iv. "Suspected Sudan rebel leaders surrender to court," CNN, 16 June 2010, http://www.cnn.com/2010/WORLD/africa/06/16/sudan.war.crimes/?hpt=Sbin

"Two suspected rebel leaders accused of having committed war crimes in Sudan's Darfur region surrendered to the International Criminal Court on Wednesday, the court announced.

Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus are charged with three counts of war crimes stemming from an attack on African Union peacekeepers in September 2007, the ICC said.

They arrived voluntarily at the court at The Hague on Wednesday following summonses issued last August, the court said.

Their first appearance before the chamber was scheduled for Thursday morning.

Both men are now staying at a undisclosed location, where they will remain for the course of the proceedings, the ICC said.

The men each led armed groups that carried out the attack on the African Union peacekeepers, the court said. Banda led splinter forces of the Justice and Equality Movement (JEM), and Jerbo commanded troops from a breakaway faction of the Sudanese Liberation Army/Movement, it said.

In the attack, about 1,000 men armed with anti-aircraft guns, artillery and rocket-propelled grenade launchers killed 12 African Union peacekeeping troops and severely wounded eight others in Haskanita, in northern Darfur, the court said. They also destroyed peacekeepers' communications installations, dormitories and vehicles and stole computers, cell phones, uniforms, ammunition and money, the court said.

It was the deadliest single attack on the peacekeepers since they began their mission in late 2004.

The voluntary surrender of the two accused was "the culmination of months of efforts," ICC prosecutor Luis Moreno-Ocampo said.

'The appearance of the two suspects means that all the persons we wish to prosecute in connection with the Haskanita attack have now appeared before the court,' he said...."

v. "Two surrendered Sudanese rebel leaders arrive in ICC for trial," XinhuaNet, 16 June 2010, http://news.xinhuanet.com/english2010/world/2010-06/16/c_13352982.htm

"The International Criminal Court (ICC) said on Wednesday that two surrendered Sudanese rebel leaders have arrived in The Hague for trial on war crimes charges.

'Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus, both suspected of having committed war crimes in Darfur, Sudan, arrived voluntarily this morning at the International Criminal Court following summonses to appear issued under seal on Aug. 27, 2009,' the court said in a statement.

The statement added that the two men 'will stay at the location assigned to them by the court until their first appearance before the chamber' on Thursday morning.

The two suspects were charged with three counts of war crimes allegedly committed during a September 2007 attack that killed 12 African Union peacekeepers in Umm Kadada, northern Darfur..."

SEE ALSO:

vi. "Darfur rebels surrender to Hague," Ghana News, 16 June 2010
http://www.modernghana.com/news/280618/1/darfur-rebels-surrender-to-hague.html

vii. "2 Sudanese War Crimes Suspects Surrender to Court," ABC, 16 June 2010
http://abcnews.go.com/International/wireStory?id=10927012

ix. "Sudan rebel leaders surrender to warcrimes court," AFP, 16 June 2010
http://www.google.com/hostednews/afp/article/ALeqM5hqGS5I2_84aNvYxlXZuPpd1ySHIQ

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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

Mariana Rodríguez- Pareja
Media Strategist- Communications Manager