Two Darfur rebel figures ordered to face trial at the Hague

March 8, 2011 (WASHINGTON) – The Judges at the International Criminal Court (ICC) issued a decision on Tuesday in which they confirmed the charges against two Darfur rebel leaders who were charged with leading a 2007 attack on African Union (AU) peacekeepers that killed a dozen soldiers.

Today’s decision was widely expected Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus decided not to contest the charges leveled against them during the confirmation hearings that took place late last year.

Both men face three counts of violence to life in the form of murder, war crime of attacking a peacekeeping mission and pillaging. ICC prosecutors allege that Banda and Jerbo commanded a 1,000-strong rebel force in the Sept. 29, 2007 attack, on the African Mission in Sudan (AMIS) base in Haskanita in North Darfur. They looted the camp of 17 vehicles, refrigerators, computers, mobile phones, ammunition and money.

Banda was a senior military commander in Darfur’s rebel Justice and Equality Movement (JEM) before he was dismissed during a bitter split among the movement’s governing elite in mid-2007. He went on to form a rival faction, the JEM Collective Leadership, with former JEM vice president Bahar Idriss Abu Garda. The latter appeared voluntarily before the ICC to answer charges relating to the same attack but the court declined to pursue those charges in February citing insufficient evidence to prove his criminal responsibility.

Jerbo on the other hand was a leading figure in the Sudan Liberation Movement (SLM)-Unity faction before being removed later for unknown reasons.

Another Darfur rebel, Bahar Idriss Abu Garda, surrendered to the court in 2009 on charges linked to the Haskanita attack but judges last year threw out all charges against him.

According to court documents, judges said that they are satisfied that there are “substantial grounds” to believe that the two rebel figures “were part of a common plan to attack the MGS Haskanita compound and made essential contributions in a coordinated manner -namely designing and planning the attack, ordering and providing the necessary troops, equipment and materials as well as personally participating and leading the attack and looting property from the MGS Haskanita”.

“[A]lthough they did not necessarily mean to cause as a consequence the crime proscribed in article 8(2)(c)(i) of the Statute, they were at least aware that in the ordinary course of events, violence to life in the form of murder would occur in the course of such attack. The Chamber further recalls its finding that there is sufficient evidence to establish substantial grounds to believe that both Abdallah Banda and Saleh Jerbo were aware of the factual circumstances that established the AMIS peacekeeping personnel’s status of persons taking no active part in hostilities at the time of the attack”.

The judges gave the defendants five days to appeal this ruling.

The two suspects had surrendered voluntarily to the ICC last June, almost a year after a summons of appear was issued for them in secrecy and appeared before a judge to be formally notified of the charges. They however later waived their right to be present at the confirmation of charges hearing. During this hearing judges assess the evidence after hearing arguments from prosecution, defense and victims to determine if the case can go to trial.

Prior to the hearing date, the defense and the prosecution filed a join motion in which they informed the Pre-Trial Chamber I of an agreement between the parties which may allow for a shortened confirmation hearing if the judges so decide.

“The parties agreed that the facts contained in the document containing the charges, which the judges are encouraged to consider, as being proven for the purpose of the confirmation hearing…..the Defence waived its rights to challenge the prosecution evidence, present its own evidence or contest the charges during the hearing. The approach agreed by the parties will involve a limited oral presentation by the Prosecution and the Legal Representatives for Victims as may be ordered by the Chamber,” said the prosecutor’s office.

The prosecution described this approach as a ” novel” one for the ICC and if approved by the judges “could save judicial time and resources”.

“This agreement by the parties is limited to the confirmation hearing. In the event the Pre-Trial Chamber confirms the case for trial, the Defence may at that stage contest any of the charges”.

The judges asked the defense to provide the chamber of a notarized affidavit from the suspects affirming their consent to this agreement which was provided later.

No date has been set for trial and it is not immediately clear whether the Banda and Jerbo will be asked to turn themselves in following today’s decision.

Three other people are wanted for war crimes in Darfur: Sudanese governor of South Kordofan Ahmad Haroun, Janjaweed militia leader Ali Kushayb, and Sudan’s president Omer Hassan Al-Bashir, who prosecutors accuse of genocide, crimes against humanity and war crimes in Darfur.

According to United Nations estimates 300,000 people have died and another 3 million have been displaced in Darfur, where rebels have been fighting Government forces and allied Arab militiamen, known as the Janjaweed, since 2003.

(ST)