Darfur rebels at ICC to assert that AU troops were legitimate targets
May 18, 2011 (WASHINGTON) – The two rebel figures accused of leading a deadly attack on African Union peacekeepers in Darfur more than three years ago plan to tell judges at the International Criminal Court (ICC) that what they did was not unlawful, according to court documents.
Last March, the ICC judges ruled that there were “substantial grounds” to believe that the two men were responsible for the attack and ordered them to stand trial for war crimes following a quick confirmation of charges hearing in December.
The defense lawyers of Banda and Jerbo have made a joint filing with the prosecutors prior to the confirmation hearing stating that his clients will not contest the charges at this stage. The motion have helped reduce the time dedicated to the confirmation of charges hearing.
On Monday a similar filing was made in preparation for the trial that is scheduled to take place sometime this year.
“The Parties inform the Chamber that they have reached an agreement that the accused persons will contest only the specific issues listed below at their trial……whether the attack on the MGS Haskanita on 29 September 2007 was unlawful; If the attack is deemed unlawful, whether the Accused persons were aware of the factual circumstances that established the unlawful nature of the attack; Whether AMIS was a peacekeeping mission in accordance with the Charter of the United Nations,”.
Both sides agreed that should the prosecution convince the chamber at the trial of its position on these issues then Banda and Jerbo “will plead guilty to the charges preferred against them without prejudice to their right to appeal.”
“The agreement reached by the Parties will significantly shorten the trial proceedings by focusing the trial only on those issues that are contested between the Parties. This will promote an efficient and cost effective trial whilst preserving the rights of victims to participate in the proceedings and protecting the rights of the Accused persons to a fair and expeditious trial.”
If the judges approve the stipulation it will mark the first time since the establishment of the ICC that suspects admit involvement in a crime that falls under the jurisdiction of the court.
It will also have the potential of being the fastest case in the history of the ICC to date. The Hague tribunal has been criticized for not being unable hand a single conviction to date since it was founded.
The two men allegedly 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.
The attack killed twelve soldiers and severely injured eight others who were mainly from Nigeria, Senegal, Mali and Botswana. It was the deadliest single attack on the peacekeepers since they began their mission in late 2004.
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.
The Hague-based court, established in 2002 to try those responsible for war crimes and genocide, has also issued an arrest warrant for Sudanese President Omer Hassan al-Bashir, who has snubbed the court and denied the allegations as part of a Western conspiracy against his government.
The ICC is investigating both sides of the Darfur conflict. In addition to the three cases involving Banda and Jerbo, Garda and Bashir, it is also seeking the arrest of two government figures namely South Kordofan governor Ahmed Haroun and militia leader Ali Kushayb for 51 counts of crimes against humanity and war crimes.
(ST)