Two Darfur rebel figures turn themselves in to ICC after extended evasion

June 16, 2010 (WASHINGTON) — The judges at the International Criminal Court (ICC) yesterday unsealed summons to appear for two rebel figures suspected of leading an attack on African Union (AU) peacekeepers in Darfur back in 2007 which led to the death of 12 and severely wounding eight others in Haskanita, in northern Darfur soldiers from Nigeria, Senegal, Mali and Botswana.

The summons issued last August named the former Chief of Staff of Sudan Liberation Army (SLA-Unity) Saleh Mohammed Jerbo Jamus and Abdallah Banda Abakaer Nourain described as the Commander-in-Chief of Justice and Equality Movement (JEM Collective-Leadership) which is part of the United Resistance Front (URF).

The ICC documents released today showed that the judges had found reasonable grounds to believe that Banda and Jerbo were criminally responsible for murder, an intentional attack on peacekeepers, and pillaging, all of which are punishable under the Statute of the tribunal.

The UN Security Council (UNSC) referred the situation in Darfur to the ICC in 2005 authorizing investigations into crimes committed there despite the fact that Sudan is not a signatory to the Rome Statute. Sudan cooperated with the office of the ICC prosecutor between the years 2005-2007 until the judges issued arrest warrants for then state minister for humanitarian affairs Ahmed Haroun and militia leader Ali Kushayb.

The Sudanese government refused to surrender Haroun and Kushayb and while the UNSC resolution mandates compliance with court decisions from all parties to the Darfur conflict no action was taken.

A statement by the ICC said that Banda and Jerbo arrived voluntarily on Wednesday morning and are staying at an undisclosed location pending a procedural hearing on Thursday in which they will be informed of the crimes which they are alleged to have committed and of their rights under the Rome Statute. No details were given on how they reached the Netherlands. Many countries cooperating with the court in moving suspects prefer to remain anonymous.

They are barred from leaving 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. Banda and Jerbo are also prohibited from discussing the charges or make any political statements from the premises of the court.

The two rebel figures were originally scheduled to surrender to the ICC last February but their appearance was cancelled for unknown reasons.

Banda will be represented by the Kuwaiti lawyer Labeed Abdal while Jerbo will have Amin Eldeeb from Egypt as his advocate.

The ICC prosecutor office welcomes the voluntary appearance of the rebel figures saying it was “the culmination of months of efforts,”.

“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.

He noted that Haroun and Kushayb were also given the option of appearing voluntarily in a manner similar to the rebels. They face charges of murder, rape, forced displacement and other offenses during the Darfur crisis, which the United States characterizes as a genocide.

“They refused to cooperate, and the judges issued arrest warrants against them,” he said. Sudan has refused to extradite them, and has been found in “non-compliance” with U.N. Security Council resolutions as a result, he said.

The Sudanese President Omer Hassan al-Bashir, who was reelected last April, is wanted by the court for alleged war crimes and crimes against humanity in Darfur. He rejected the charges saying it is a Western plot to overthrow him.

It is not clear how the case against the two rebels will fare compared to that of Bahar Idriss Abu Garda who headed the URF.

Abu Garda appeared voluntarily before the court last year on charges of murder, directing attacks on peacekeepers, and pillaging in the 2007 attack on the peacekeepers, but the court declined to pursue those charges in February citing insufficient evidence to prove his criminal responsibility.

A further hearing will be held “within a reasonable time” to confirm the charges against Banda and Jerbo — a requirement before the case can go to trial.

An official for the main JEM group welcomed the move by Banda and Jerbo in turning themselves in.

“JEM commends and salutes the courage of Banda and Saleh Mohammed Jerbo Jamus and the right decision they took in handing themselves over to the ICC,” said Ahmed Hussein Adam, a JEM spokesman. “JEM reiterates its unconditional support to the ICC to serve justice. We urge al-Bashir and Haroun to do the same by handing themselves to the ICC.”

Banda was a senior military commander in JEM before he was dismissed during a bitter split among the movement’s governing elite in mid 2007. Banda went on to form a rival faction, the JEM Collective Leadership, with former JEM vice president Abu Garda.

A non-public report by the AU dated October 2007 on the Haskanita attack accused JEM and SLA-Unity of standing behind the attack and named Abdel-Aziz Nur Ushar (JEM), Abdurrahman Ton Fadul (JEM) and Mohammed Osman (SLA-United) as main suspects.

Ushar is currently jailed by Khartoum after being captured during JEM failed attack on the Sudanese capital two years ago.

(ST)