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Darfur: ICC and FIDH Press releases; Related News and Articles

18 June 2010

Dear all,

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

On 17 June 2010, Abdallah Banda Abakaer Nourain (Banda) and Saleh Mohamed Jerbo Jamus (Jerbo) voluntarily appeared before ICC Pre-Trial Chamber I in relation to the Court's investigation in Darfur, Sudan and following the issuance of sealed summonses to appear on 27 August 2009. The two suspects are alleged to have been involved in an attack on peacekeepers of the African Union Mission in Sudan (AMIS) at the military group site Haskanita in North Darfur, Sudan on 29 September 2007. The opening of the confirmation of charges hearing in the case was scheduled for 22 November 2010.

This message includes a press release issued by the ICC relating to the case of The Prosecutor v. Abdallah Banda Abaker Nourain and Saleh Mohammed Jerbo Jamus (I); a press release issued by FIDH (II); as well as related news and articles (III).

For more 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

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. ICC PRESS RELEASE

Please note that this document has been produced by the ICC. The Coalition for the ICC distributes it as part of its mandate to inform member organizations and individuals about ICC-related developments. This document does not reflect the views of the CICC as a whole or its individual members.

i. "Confirmation of charges hearing in the case of The Prosecutor v. Abdallah Banda Abaker Nourain and Saleh Mohammed Jerbo Jamus is scheduled to start on 22 November, 2010," ICC Press release, 17 June 2010, http://www.icc-cpi.int/menus/icc/press and media/press releases/pr549

"On 17 June, 2010, Pre-Trial Chamber I set the date of the beginning of the confirmation of charges hearing in the case of The Prosecutor v. Abdallah Banda Abakaer Nourain (Banda) and Saleh Mohammed Jerbo Jamus (Jerbo) for 22 November, 2010.

Presiding Judge Sylvia Steiner declared that this scheduled date is without prejudice for the Chamber to review this date for advancement or postponement after being informed of specific information on disclosure of evidence to the Defence and on witness protection.

The decision was announced at the voluntary, initial appearance of Mr Banda and Mr Jerbo before the International Criminal Court (ICC) in compliance with the summonses to appear issued by Pre-Trial Chamber I. Both are suspected of having committed three war crimes during the attack against the peacekeeping mission of the African Union in North Sudan in September 2007.

During the initial appearance hearing, Pre-Trial Chamber I ensured that the two suspects were informed of the crimes that they are alleged to have committed and that they understood their rights under the Rome Statute.

Defence Counsel for the suspects, Karim Khan, stated that at this stage his clients do not waive their right to attend the confirmation of charges hearing, and that their final decision on that matter will be taken in due course. Article 61 of the Rome Statute provides that a confirmation hearing may be held in the absence of a suspect when the person has "waived his or her right to be present," or "fled or cannot be found and all reasonable steps have been taken to secure his or her appearance before the Court and to inform the person of the charges, and that a hearing to confirm those charges will be held." In that case, the person shall be represented by counsel where the Pre-Trial Chamber determines that it is in the interests of justice.

A confirmation hearing is held to determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged. If the charges are confirmed, the Pre-Trial Chamber commits the case for trial before a trial chamber, which will conduct the subsequent phase of the proceedings: the trial.

After their initial appearance, Mr Banda and Mr Jerbo will leave the Netherlands. They had arrived on 16 June at the premises of the Court and stayed in a location assigned to them by the ICC."

II. FIDH PRESS RELEASE

i. "Voluntary appearance of two Sudanese rebel commanders before the ICC: A New Window of Hope for Victims of International Crimes Committed in Darfur," FIDH/ACJPS Press release, 17 June 2010, http://www.coalitionfortheicc.org/documents/sud1706a.pdf

"Today, Abdallah Banda Abakaer Nourain (« Banda ») and Saleh Mohammed Jerbo Jamus (« Jerbo »), two Sudanese rebel commanders alleged to have attacked and killed 12 African Union Peacekeepers, injured many others and looted the African Union base of Haskanita in September 2007, appeared voluntarily before the Pre-Trial Chamber I of the International Criminal Court (ICC) in the Hague. Their confirmation of charges hearing is scheduled to start on 22 November 2010.

FIDH and the African Center for Justice and Peace Studies (ACJPS), FIDH member organisation from Sudan, welcome this appearance, that follows the first voluntary appearance in May 2009 of Bahar Idriss Abu Garda, another Sudanese rebel commander, for war crimes allegedly committed in Darfur.

'All victims of international crimes committed in Darfur must obtain justice", said Souhayr Belhassen, FIDH President.' We however urge the government of Sudan and all other States to cooperate with the ICC by executing the three outstanding arrest warrants for President Al Bashir, Ahmad Harun and Ali Kushayb, thus complying with their international obligations and ensuring that victims in Darfur have access to truth and justice".

'Jerbo', a 35-year old leader of the Sudanese Liberation Movement Army (SLA/M) that broke into the SLA-Unity, and "Banda", a mid-40 year old military commander of the (JEM) as of May 2006, who allegedly joined forces in October 2007 to form the JEM Collective Leadership (JEM-CL), were summoned to appear on 27 August 2009. They are charged with three counts of war crimes: violence to life (Article 8(2)(c)(i) of the Rome Statute), international attacks (Article 8(2)(e)(iii)) and pillaging (Article 8(2)(e)(v)).

Background
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.

One of these Sudanese rebel commanders, Bahar Idriss Abu Garda (“Abu Garda”), appeared voluntarily before the ICC in May 2009 for war crimes allegedly committed during this attack. His confirmation of charges hearing took place from 18 to 29 October 2009. On 8 February 2010, Pre-Trial Chamber I declined to confirm charges against him, because there was not sufficient evidence on his indictment.

The names of the two other rebel commanders, Abdallah Banda Abakaer Nourain (“Banda”) and Saleh Mohammed Jerbo Jamus (“Jerbo”), remained undisclosed until the 16 June 2010.

This is the fourth case of the Prosecutor in Darfur, a situation he has been investigating since June 2005 after a United Nations Security Council referral, by Resolution 1593 adopted on 31 March 2005.

SEE ALSO:

ii. "The Security Council should condemn the continued commission of crimes in Darfur and order sanctions against individuals responsible for them," FIDH, Press release, 11 June 2010, http://www.fidh.org/The-Security-Council-should-condemn-the-continued

III. RELATED NEWS

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. (.)

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. (.)

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.."

SEE ALSO:

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

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

v. Sudan-ICC: Surrendered Darfur rebels to appear in court, Afrik, 17 June 2010, http://en.afrik.com/article17815.html

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