ICC prosecutor to appeal ruling against Darfur rebel commander

February 16, 2010 (WASHINGTON) –The prosecutor of the International Criminal Court (ICC) Luis Moreno-Ocampo will file a leave to appeal this month’s ruling acquitting a Darfur rebel commander from charges that he was one of the masterminds behind the 2007 deadly attack on African Union peacekeepers.

Last week, the Pre-Trial Chamber I at the ICC said in their 103-pages decision on the confirmation of charges hearings that took place last October that the prosecution failed to prove that Bahr Idriss Abu Garda, leader of Darfur United Resistance Front (URF), played a role in the deadly assault that left 12 soldiers dead and wounded eight others.

Abu Garda was the first individual to appear before The Hague based court in connection with the Darfur case. The rebel chief agreed to surrender himself voluntarily last year to face the charges saying he is confident of his innocence.

Two other unidentified rebel commanders accused of staging the attack are still at large amid reports last week that an attempt is made to have them voluntarily appear before the judges in a manner similar to Abu Garda.

The ICC prosecutor’s office said in its weekly newsletter that it will challenge the finding that there was “no substantial grounds to believe that Abu Garda could be linked to the crimes either as a direct or indirect co?perpetrator for the commission of war crimes allegedly committed during the attack”.

The prosecution had alleged that the attack on Haskanita was agreed upon by Abu Garda and other senior commanders of armed rebel groups in the course of two meetings on September 29 2007. The first meeting occurred “shortly after the attack on the rebel forces in Dalil Babiker, which had allegedly been carried out by the GoS around midday on 29 September 2007”.

“At the location where the JEM and combined SLA-Unity and SLA Abdul-Shafi forces had retreated, near Dalil Babiker, Mr. Abu Garda allegedly met with JEM and SLA-Unity commanders” and “at the meeting these commanders agreed among themselves to attack the MGS Haskanita”.

The second meeting took place took place in a forest near the camp “after which they directed their respective troops to move behind them and distributed their troops in various vehicles”.

If the judges grant the prosecutor the leave to appeal he can proceed to the appellate chamber to dispute the ruling.

Abu Garda has hailed the decision by the judges last week saying he has always maintained his innocence and stressing that he stands ready to re-appear before the judges if necessary.

(ST)