Showing posts with label Bahr Idriss Abu Garda. Show all posts
Showing posts with label Bahr Idriss Abu Garda. Show all posts

Saturday, October 30, 2010

ICC: Darfur rebel leaders charged with war crimes and slaying of peacekeepers at Haskanita, N. Darfur, W. Sudan

ON Friday 22 October 2010, the International Criminal Court (ICC) issued a statement confirming that Darfur rebel group leaders Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus (Jerbo) are charged with, quote:
three war crimes (violence to life, in the form of murder, whether committed or attempted; intentionally directing attacks against personnel, installations, materials, units, and vehicles involved in a peacekeeping mission; and pillaging) allegedly committed during an attack carried out on 29 September, 2007, against the African Union Mission in Sudan (AMIS), a peace-keeping mission stationed at the Haskanita Military Group Site, in the locality of Umm Kadada, North Darfur. It is alleged that the attackers killed 12 and severely wounded 8 soldiers, destroyed communications facilities and other materials and appropriated property belonging to AMIS.
Confirmation of charges hearing in the case against Banda and Jerbo to start on 8 December, 2010. The hearing was initially scheduled to start on 22 November, 2010.

Full story below.



Photo: Jerbo and Banda © ICC-CPI/ Toussaint Kluiters

Darfur rebel figures will not contest charges of killing AU peacekeepers: ICC
Source: Sudaneseonline.org /Sudan Tribune
Date: Wednesday, 20 October 2010. Excerpt:
(WASHINGTON) – Two Sudanese rebel leaders who stand accused of leading a deadly attack on African Union (AU) peacekeepers more than three years ago will not contest the charges at the confirmation hearing scheduled for next month, the prosecutor’s office at the International Criminal Court (ICC) said today.

Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus each face three counts of violence to life in the form of murder, war crime of attacking a peacekeeping mission and pillaging.

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 two suspects 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. Presiding judge Sylvia Steiner from Brazil set November 22nd as the date for a hearing to confirm the charges against the two men — a requirement before the case can go to trial.

The weekly briefing issued by the prosecutor on Wednesday revealed that his office and the defense made a joint filing before the Pre-Trial Chamber informing the judges 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".

Officials at the prosecutor’s office declined to comment on the new development when contacted by Sudan Tribune. [...]



Photo: Karim Khan (L), the lawyer for Abdallah Banda Abakaer Nourain (C) and Saleh Mohammed Jerbo Jamus (R), both suspected of having committed war crimes in Darfur, speaks at the International Criminal Court in The Hague June 17, 2010 (Reuters/ST)
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Confirmation of charges hearing in the case against Banda and Jerbo to start on 8 December, 2010
Source: International Criminal Court (ICC) /ReliefWeb/APO
Date: Friday, 22 October 2010
ICC-CPI-20101022-PR588
Situation: Darfur, Sudan
Case: The Prosecutor v. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus
Today, Pre-Trial Chamber I of the International Criminal Court (ICC) decided to reschedule the confirmation of charges hearing in the case of The Prosecutor v. Abdallah Banda Abakaer Nourain (Banda) and Saleh Mohammed Jerbo Jamus (Jerbo) to Wednesday, 8 December, 2010, in light of developments that have occurred in the composition of Chambers and of the Court schedule, as well as of the number of courtrooms which are available to the Court. The hearing was initially scheduled to start on 22 November, 2010.

The confirmation hearing is held to ensure that no case goes to trial unless there is sufficient evidence to establish substantial grounds to believe that the person committed the crime with which he or she has been charged. The suspects have the right to attend the hearing or, in their absence, be represented by counsel. Pre-Trial Chamber I decided that, should the suspects intend to waive their right to be present at the confirmation hearing, the written request to the Chamber in this regard must be submitted no later than Monday, 8 November, 2010.

Mr Banda and Mr Jerbo are charged with three war crimes (violence to life, in the form of murder, whether committed or attempted; intentionally directing attacks against personnel, installations, materials, units, and vehicles involved in a peacekeeping mission; and pillaging) allegedly committed during an attack carried out on 29 September, 2007, against the African Union Mission in Sudan (AMIS), a peace-keeping mission stationed at the Haskanita Military Group Site, in the locality of Umm Kadada, North Darfur. It is alleged that the attackers killed 12 and severely wounded 8 soldiers, destroyed communications facilities and other materials and appropriated property belonging to AMIS.

This case is the fourth in the situation in Darfur after the cases of The Prosecutor v. Ahmad Muhammad Harun (Ahmad Harun) and Ali Muhammad Ali Abd-Al-Rahman (Ali Kushayb), The Prosecutor v. Omar Hassan Ahmad Al Bashir and The Prosecutor v. Bahar Idriss Abu Garda.

The suspects (Harun and Kushayb, and Al Bashir) in the first two cases remain at large. Abu Garda appeared voluntarily before the ICC on 18 May, 2009. The confirmation of charges hearing took place from 19 to 29 October, 2009. On 8 February, 2010, Pre-Trial Chamber I declined to confirm the charges against him.

The situation in Darfur was referred to the International Criminal Court by United Nations Security Council resolution 1593 on 31 March, 2005, under article 13(b) of the Rome Statute.

For further information, please contact Fadi El Abdallah, Associate Legal Outreach Officer, on +31 (0)70 515-9152 or at fadi.el-abdallah@icc-cpi.int

The ICC's activities can also be followed through YouTube and Twitter

Maanweg 174, 2516 AB The Hague, The Netherlands – Maanweg 174, 2516 AB La Haye, Pays-Bas
Telephone – Téléphone +31(0)70 515 85 15 / Facsimile – Télécopie +31(0)70 515 85 55
www.icc-cpi.int
Note from Sudan Watch Editor: I say, well done to the ICC for staying on the case and getting at the truth. Any attack on peacekeepers constitutes a war crime. Click on Haskanita label below to view related reports and photos in Sudan Watch archive.
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TOP ICC INVESTIGATOR DIRK FREIMANN

Top ICC investigator jets back, meets team
Source: The Standard, Kenya by Ben Agina and Cyrus Ombat
Date: Friday, 08 October 2010. Snippets:
Top International Criminal Court investigator, Dirk Freimann, a 43-year-old German, joined ICC in 2007 after serving his country’s police for 22 years and has led investigations in Georgia and Bosnia Herzegovina.

He was team leader for investigations against a rebel leader Idriss Abugarda of the United Resistance Front, who was accused of killing peacekeepers in Haskanita in Darfur, Southern Sudan, in 2007.

Abugarda was the first suspect to voluntarily appear before the ICC Pre-Trial Chamber 1 in 2009. He was, however, acquitted for lack of evidence.
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Further Reading

DARFUR CRIMES ATTORNEY ASSURES TO BRING PERPETRATORS TO JUSTICE

Report from: Radio Miraya
Date: Thursday, 28 October 2010 16:15
The General Persecutor of Darfur Crimes Justice, Adbul-Daim Zamrawi, has announced resuming investigations over all crimes committed in the region in the period between 2003 and 2010. In press statements after arrival in the town of Al-Fashir, Northern Darfur State; Zamrawi affirmed the commitment of the Ministry of Justice and achieve righteousness as it's imperative for security and stability.
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RADIO SILA IN GOZ BEIDA, EASTERN CHAD



Photo: Women in the Djabal camp in Eastern Chad listen in groups to Women's Crossroads on Radio Sila, a program produced by Internews. (Photo by United Nations)

  1. Internews - Articles - Radio Sila, Radio for Darfuri Refugees ...

    4 Jun 2007 ... One of them is Radio Sila in Goz Beida, and it broadcasts in Arabic and French, the two languages spoken by Chad's literate communities. ...
    Radio Sila, Radio for Darfuri Refugees, Broadcasts in Zaghawa, Masalit Dialects...

    Fiacre Munezero, an employee at Radio Sila. said that while he was in Goz Beida, the refugees in the camp would run after the car shouting in Arabic, “Radio! Radio!” ”We did not understand what they meant because they usually ask for food, medicine, clothes, and blankets,” he said. “We later learned that they wanted to listen to Radio Sila which is broadcast in the Masalit dialect, and they are looking for transistors,” added Munezero.

    www.internews.org/.../20070604_asharqalawsat_darfur.shtm - Cached - Similar
  2. In Chad, Locals Celebrate their Radio Station's Official Inauguration

    Officials at Radio Sila's inauguration. From left to right, the Sultan of ...
    Broadcasting from a container studio, Radio Sila is located in the trading city of Goz Beida, surrounded by the sprawling Djabal refugee camp and numerous IDP sites. Soon after its first broadcast, Radio Sila became the only means of mass communication and socialization for humanitarian organizations delivering aid and protection to populations fleeing the conflict in neighboring Darfur or border Chadian villages.
    www.internews.org/prs/2010/20100316_chad.shtm - Cached

Monday, February 08, 2010

ICC Haskanita Darfur Sudan: United Resistance Front (URF) leader Bahar Idriss Abu Garda will not be tried

International Criminal Court Headquarters in The Hague

Photo: International Criminal Court Headquarters in The Hague

Darfur rebel chief not to be tried by International Criminal Court
Report from RNW - Radio Netherlands Worldwide
Published on: 08 February 2010 - 5:58pm
By Thijs Bouwknegt (ICC-CPI)
Darfur rebel chief Bahar Idriss Abu Garda will not stand trial for the killing of 12 African Union peacekeepers in 2007, the International Criminal Court ruled on Monday.

The Pre-Trial Chamber of the International Criminal Court was not satisfied that there was sufficient evidence to establish substantial grounds to believe that Bahar Idriss Abu Garda could be held criminally responsible either as a direct or as an indirect co-perpetrator for the commission of the crimes with which he was charged by the Prosecution.

Abu Garda was charged with three war crimes, namely violence to life, intentionally directing attacks against personnel, installations, material, units and vehicles involved in a peacekeeping mission, and pillaging, allegedly committed during an attack carried out on 29 September, 2007, against the African Union Mission in Sudan (“AMIS”), a peace-keeping mission stationed at the Haskanita Military Group Site (“MGS Haskanita”), in the locality of Umm Kadada, North Darfur.

The judges stressed that the case was of sufficient gravity as the consequences of the attack had affected not only the AMIS personnel and their families, but also the local population as AMIS, involved in a peacekeeping mission, established under the auspices of the African Union, first suspended, and finally reduced its activities in the area.

The Chamber also found that there were substantial grounds to believe that AMIS personnel and installations, material, units and vehicles stationed at the MGS Haskanita were entitled to protection given to civilians and to civilian objects under the international law of armed conflicts. The Chamber found, however, that the Prosecution’s allegations that Abu Garda participated in the alleged common plan to attack MGS Haskanita were not supported by sufficient evidence.

The Chamber’s decision was taken by unanimity, and one judge filed a separate opinion. The decision does not preclude the Prosecution from subsequently requesting the confirmation of the charges against Abu Garda if such request is supported by additional evidence. The Prosecution can also submit a request to Pre-Trial chamber I for leave to appeal the decision on the confirmation of charges.

Background information
On 18 May, 2009, Bahar Idriss Abu Garda appeared for the first time before the Court, in compliance with a summons issued under seal by Pre-Trial Chamber I on 7 May, and unsealed on 17 May. The confirmation of charges hearing in the case of The Prosecutor v. Bahar Idriss Abu Garda was held from 19 to 30 October, 2009.

The situation in Darfur was referred to the International Criminal Court by the United Nations Security Council’s resolution 1593, on 31 March, 2005. Three warrants of arrest have been issued by Pre-Trial Chamber I for Ahmad Harun, Ali Kushayb and Omar Al Bashir for crimes against humanity and war crimes. The three suspects remain at large.

(ICC)
[end of copy from RNW]

Related reports

From BBC News at 17:32 GMT, Mon, 08 Feb 2010: Darfur rebel Abu Garda will not face ICC charges - War crimes charges against a Darfur rebel leader have been dropped by International Criminal Court judges.

From The New York Times by The Associated Press, (THE HAGUE, Netherlands) 12:28 p.m. ET, Mon, Feb 08, 2010: International Court Dismisses Case of Darfur Rebel - International war crimes judges dismissed the case against a Sudanese rebel leader Monday, ruling that prosecutors failed to provide enough evidence to put him on trial for the deaths of international peacekeepers.

From Reuters Africa Mon, Feb 08, 2010 5:09pm GMT: Hague court dismisses charges against Sudan rebel - The war crimes court threw out the charges against Abu Garda, after the pre-trial chamber ruled that he could not be held criminally responsible for the attack. "The chamber declines to confirm the charges against Mr Abu Garda," the court said, but added the prosecution was still able to submit fresh evidence in a bid to have the charges upheld. The ICC's Office of the Prosecutor could not immediately comment on the ruling.

From Middle East Online, Mon, Feb 08, 2010: No war crimes trial for Darfur rebel chief - "The prosecution's allegations that Abu Garda participated in the alleged common plan to attack Haskanita were not supported by sufficient evidence," said the ICC ruling.

From Voice of America News, Mon, Feb 08, 2010: ICC Throws Out Charges Against Sudan Rebel Leader - The panel said it was "not satisfied" there was sufficient evidence to prosecute Abu Garda, either as a direct or indirect co-perpetrator of the attack. ICC prosecutors can ask the panel to reinstate the charges if they find additional evidence.

From UN News Centre, Mon, Feb 08, 2010: ICC dismisses charges against Darfurian rebel leader for lack of evidence - The Court noted that today’s decision does not preclude the prosecution from subsequently requesting the confirmation of the charges against Mr. Abu Garda “if such request is supported by additional evidence,” or appealing the decision on the confirmation of charges. The ICC is an independent, permanent court that investigates and prosecutes individuals accused of the most serious crimes of international concerns, such as genocide, crimes against humanity and war crimes. Prosecutors at the Court are currently probing events in four regions or countries: Darfur, northern Uganda, the Democratic Republic of the Congo (DRC) and the Central African Republic (CAR).

Saturday, February 06, 2010

ICC Haskanita: URF's Bahar Idriss Abu-Garda dismisses Sudan Tribune report

Speaking to Sudan Radio Service (SRS) on Monday, 01 February 2010, from Doha in Qatar, URF Commander Bahar Idriss Abu-Garda described a report by Sudan Tribune as inaccurate. The report in question (from Washington, Monday, 30 January 2010, entitled "Two Darfur rebel commanders expected to appear before ICC next week: sources") was published at Sudan Tribune on Sunday, 31 January 2010. Read more here below.

AMIS peacekeepers slain at Haskanita

AMIS peacekeepers slain at Haskanita

Photo: Troops stand behind the coffins of Nigerian peacekeepers killed in Darfur during a funeral ceremony in Abuja October 5, 2007 (Reuters) Credit: Photo and caption from Sudan Tribune report, 31 Jan 2010.

Here is a copy of the report by SRS dated Tuesday, 02 February 2010:
Abu-Garda Dismisses Reports of ICC Summonses in Haskanita Case
(Doha) - The leader of the Darfur anti-government movement, the United Resistance Front, Bahar Idriss Abu-Garda, has dismissed allegations that two commanders of Darfur movements have been summoned by the International Criminal Court.
On Sunday, the Sudan Tribune reported that two Darfur rebel commanders charged with masterminding an attack on African Union peacekeepers in Haskanita in 2007 will appear before the international court.

According to the report, the names of the two rebels have not been disclosed but they are believed to be Abdallah Bandah, from the United Resistance Front, led by Abu-Garda and Saleh Jarbo Jamous, from JEM.

Speaking to SRS on Monday from Doha in Qatar, Bahar Idriss Abu-Garda described the report as inaccurate.

[Abu-Garda]: “This information is not true; I dismissed it in an interview with the Arabian TV channel. The only party that can summon these people is the ICC, up until now they didn’t announce anything or even decide to do so. You can’t know anything till the court announces. You remember in the past before I went to the court, several names were mentioned, at that time they were saying Commander X, sometimes Commander Alsasi, these talks were many, but they all turned out to be just suppositions.”

Abu-Garda voluntarily appeared before the ICC in connection with the assault on AU peacekeepers in 2007 that left 12 soldiers dead. [end of SRS report]
Also, here is a copy of the first six comments at Sudan Tribune's report (see above) entitled "Two Darfur rebel commanders expected to appear before ICC next week: sources". Note, the five words in the first comment that I have highlighted in red.

31 January 05:48, by Nuer and Equatoria Dominated SAF & Malitias
They are supposed to be killed, what type of peace they are keeping besides bringing their sex presitution looking for only ladies for sex and comsuming alcohol. Soon more will be killed.
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31 January 08:32, by Time1
The Darfur rebels are ready to clear their name and they have nothing to hide, however Omer bashir should also be brave and appear in c ourt to clear his name, if he thinks he is really innocent then he should have nothing to be afraid of.but Omer bashir clearly knows that he is a war criminal that is why he does not want to stand trail.
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31 January 14:00, by Wed Deng
If those two commanders are to be taken to ICC, there will be no law because the Bashir is now here with Us and he has killed thousands of people while peacekeepers were around. I hope they are bribed by Bashir.
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31 January 10:45, by Time1
There is no law and order in the north Sudan? look at the mismanagement in Darfur? or in the east? the political crisis and intimidation of opposition in Khartoum and centre? or in the occupation of Halayeeb? First of all there is no freedom for opposition in north Sudan, no freedom of press, frequent arrests of oppositions and killing of darfurians.

This are the main point obstructing peace in Sudan:

1-Omer bashir committed war crimes in Darfur, muslims massacring muslims in Darfur, you Arabs discriminate against black africans of Darfur even when they are muslims, war still in Darfur and central Sudan, where is the peace in the north, are you dreaming to make you feel better?

2-The president of north Sudan is the only serving president in the whole continent who has been charge with war crimes and genocide, he is wanted by ICC and is a fugitive of international justice, does that show a good image of the Arabs in north Sudan?

2-you are already int he US lists of Terrorists states,you sponsor bin ladin, you support LRA in terrorist rebels, you support al shabab in Somali and islamic rebels in ethiopia, i do not see north sudan coming off that lists very soon.

4-What oil does north sudan have, currently? let not talk about oil that north will have in the future, because everyone will have oil in the future, but currently north sudan depends 90 of its budget on oil which is 50% of oil from south sudan, everybody know Sudans oil is in the south, in uppernile and unity states the major oil producing states in Sudan, north sudan has no oil, when south sudan seperates we will see that big mouth of having oil in north sudan, the fact is north Sudan is dependent on south Sudans oil currently.

5- North is a dictatorial system, one party states run by NCP since 1989, everybody knows north Sudan is run by a dictator and an ICC war crimnal, there is no democracy in north sudan, the Hardline Islamic cultuure mixed with Hardline Arab culture does not allow for democratic and sercular systems of governance in north Sudan.

Until north Sudan change its culture of hardline islamic believe mixed with hardline Arabic culture, they will not move forward.
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31 January 11:28, by jur_likang_a_ likan’g
The UN Secretary General should be duty bound to uphold the 1948 Universal declaration of Human Rights in order for him to maintain the work ethics of this global esteemed office. I strongly urge Mr Ban Ki Moon to withdraw his statement on the Independence of South Sudan.

It should be noted that the results of self-determination of South Sudan referendum should be the determining factor for the future of South Sudan and only South Sudanese will solely be responsible for that by their votes when it comes to the time. Non participants in this referendum should not make unnecessary comments that cause insecurity in South Sudan. Specifically those people who hold high offices in UN, EU and AU should not make irresponsible statements on matters concerning 2005 CPA. This agreement is a testimony that the world pointed that the war in South Sudan should halt and the future of the land belongs to the inhabitants of this part of the globe that has known nothing other that dehumanisation, dealienation and neglect by the so-called national leaders who actually run a government of the few.

Two Darfur rebel commanders expected to appear before ICC next week: sources
31 January 12:43, by Shadrack Nuer Machut
Why is the ICC tempting every issue without quick and positive reactions? It is not a matter of calling everybody but it matters a lot to intervene possibly.
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Click on Haskanita label here below for related reports. Also, see reports from SRS - Sudan Radio Service 25 Jan - 02 Feb 2010:

Saturday, December 05, 2009

Darfur, Sudan: ICC Prosecutor Ocampo says 'denial of a crime and its cover-up could constitute crimes in themselves'

Journalists asked whether Mr. Moreno-Ocampo thought Abu Garda, accused of being involved in the attack on peacekeepers at Haskanita, would actually take part in a proper trial, receiving the response: it would be a "good test of his leadership".

Mr. Moreno-Ocampo said his mandate was scheduled to end in 2012, but he hinted at a reform that would allow the mandate to be expanded. Japan was one of the Court's biggest contributors, which one journalist noted had announced plans to introduce changes to the Prosecutor's terms of office.

Source: United Nations Department of Public Information (DPI) report (via ReliefWeb) 
'Press conference by Luis Moreno-Ocampo, International Criminal Court Prosecutor'
Friday, December 4, 2009.  Copy in full:
Denial of a crime and its cover-up could constitute crimes in themselves, said Luis Moreno-Ocampo, Prosecutor of the International Criminal Court, alluding to the case he was building against Sudanese officials for atrocities committed in Darfur.

Mr. Moreno-Ocampo spoke to journalists at a Headquarters press conference this afternoon after briefing the Security Council on situations involving Sudanese President Omar al-Bashir and two other high-ranking individuals, for whom arrest warrants had been issued.

"We have arrest warrants issued by the judges, saying that the policy was to commit attacks in these villages, and to commit crimes in the camps. Whoever is making a voluntary contribution to these crimes could be prosecuted", he said, confirming that Heads of State received no immunity.

Similarly, there was no immunity for those claiming to have followed orders, or for those who had participated in a cover-up, he added.

He had earlier told members of the Security Council that his Office was considering the criminal responsibility of Sudanese officials who actively denied and dissimulated their crimes. However, when asked by a journalist to explain what he meant by "denial", Mr. Moreno-Ocampo said he would reserve his exact argument for the judges.

The same journalist had questioned whether the argument was too broad, and whether it would constitute an abuse of power by the Court. It was common, after all, for visiting officials at United Nations Headquarters to appear before the media to deny wrongdoing, as Sri Lankan officials had done at the end of their Government's war with the Tamil Tigers, the correspondent said.

Mr. Moreno-Ocampo countered: "Abuse of power was when a President of a country killed citizens."

On guilt by speech, he alluded to the case of Radio Mille Collines in Rwanda, where radio hate speech was used to argue the station manager's guilt for genocide. By extension, he said that President Bashir managed an entire State, using other people to attack civilians and finance such crimes, and also used people to cover up those crimes. Those who participated voluntarily in such activities could, potentially, be held criminally responsible.

Mr. Moreno-Ocampo stressed the primacy of national authorities to bring perpetrators to justice, saying that former President Thabo Mbeki of South Africa -- who had worked on behalf of the African Union to prepare a panel report on the Court's cases relating to the Sudan -- had emphasized the Court's limited capacity to prosecute people.

But, he said President Mbeki had also been clear on the need for accountability. He had been clear, as well, on the need for greater protection of witnesses. Mr. Moreno-Ocampo said that, if witnesses were to be used in the Sudanese cases, they would most certainly be attacked.

Of the individuals charged by the Court, two were currently evading arrest and only one, Bahr Idriss Abu Garda, had appeared before the Court to hear his charges. Journalists asked whether Mr. Moreno-Ocampo thought Abu Garda, accused of being involved in the attack on peacekeepers at Haskanita, would actually take part in a proper trial, receiving the response: it would be a "good test of his leadership".

The Prosecutor also fielded questions about allegations of war crimes and crimes against humanity by Israel. When asked, he offered no confirmation of reports that he had been invited by Hamas to advise on the legality of a Hamas-led investigation into attacks in Gaza this January. But, he admitted to working closely with the Arab League on the matter, which had helped finance the fact-finding Goldstone mission.

He also told correspondents that the Court had recently received the approval of the Palestinian Minister of Justice to engage on the Gaza issue, but explained that it was still unclear whether the Court had any jurisdiction over any cases that might arise. In normal criminal cases within the Palestinian Territory, arrested Israelis must be handed over to Israeli authorities.

Mr. Moreno-Ocampo noted that it was his duty to promote national investigations, adding that the Goldstone Report had also emphasized the need for national judiciaries to act when needed.

"Leaders had responsibilities, not privileges", he said. "I believe Hamas leaders calling for an investigation themselves was an important step."

Along those lines, he said it was a mistake for President Bashir and Ahmad Harun, former Minister of the Interior and the third individual wanted by the International Criminal Court, to refuse cooperation with the Court.

He explained that by agreeing to the Rome Statute, States were establishing a model in which they and the Court could act together. For instance, in becoming State parties to the Statute, countries such as Afghanistan, Kenya, Colombia and the Congo were providing the Court with jurisdiction. But he could not investigate cases in Iraq, which was not a State party.

Part of his work was to determine which situations merited investigation, he said, which he did by analysing information received from everyday civilians, non-governmental organizations and the media. He admitted to receiving serious reports of crimes committed in Afghanistan, and, although he did not specify what they were, explained that the Court was "trying to get more information about Taliban crimes".

He added that the Court was following the situation of violence in Guinea, and had received information on it. Guinea was a State party to the Rome Statute.

Mr. Moreno-Ocampo said his mandate was scheduled to end in 2012, but he hinted at a reform that would allow the mandate to be expanded. Japan was one of the Court's biggest contributors, which one journalist noted had announced plans to introduce changes to the Prosecutor's terms of office.

For information media • not an official record [end of copy]

Thursday, October 22, 2009

ICC Haskanita: Eyewitness account of Sudanese rebel URF Commander Bahar Idriss Abu Garda in the dock at The Hague

Before reading the below copied eyewitness account of Sudanese rebel URF Commander Bahar Idriss Abu Garda in the dock at The Hague, please note that the targeting of peacekeepers is a war crime under article 82C1 of the Rome Statute. Excerpt from Sudan Watch's archive:
According to the ICC prosecution, militant groups frequently make the calculation that an attack against peacekeepers will prompt their withdrawal from the country – enabling them to target the civilian population, no longer under the watchful eye of the international community.

“We really hope to show very clearly to the perpetrators, ‘well, that’s not a calculation you can have any longer’,” the advisor to the prosecution said.

When you attack peacekeepers, you attack indirectly the whole population. Those AU peacekeepers were there to protect the 2.5 million displaced in Darfur. Attacking the AU peacekeepers put in danger all of the civilians that were under their care.”
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Eyewitness account of Sudanese rebel URF Commander Bahar Idriss Abu Garda in the dock at The Hague

From Alex de Waal's blog Making Sense of Darfur 
By Jan Coebergh, Thursday, October 22, 2009:
Abu Garda in The Hague: A Day At The Court
One could be forgiven for not knowing a Sudanese is in the dock at the International Criminal Court for crimes committed in Darfur. The confirmation of charges hearing against Abu Garda is going on at the moment in the Hague and on Tuesday 21 October, there were about 20 people in the public gallery to watch it in the industrial estate suburb of the Hague where the ICC is based.

We were shown photos of the destruction of the AU base in Haskanita, with Abu Garda sitting there listening intently, and told how looted AU cars were seen in his possession the day after the attack. The session moves slowly with repetitions of long document numbers (did you mean …. 553 or 533?), whether they are public documents or not and working out whether translations have worked between the English, French and Arabic.

The court has not finished a trial yet, so many procedural issues are still being worked out. Yesterday the Victims’ representative was allowed to meet a prosecution witness, when speaking in English in the presence of a court official, but not about the testimony, since the court does not allow witness proofing (in contrast to the ICTY; and painfully clear when a prosecution witness in the Lubanga case said some surprising things and changed his testimony).

There was also a delayed application for a dual role of a prosecution witness to be recognised by the judges as a victim. Although already discussed in the Lubanga case it seems remarkable to me that a prosecution witness needs to give an independent truthful account of events, which could easily conflict with his (perhaps also financial) interest as a victim.

However this is the new and untested field of victim participation at the ICC. No one has been able to answer my question what they would do if say 1 million Darfuris applied to be registered as victims in a case against Bashir. Judges need to approve everyone of them as a victim. I don’t think the court could manage. That would be my strategy as the Sudan Worker’s Union to slow the court down.

However the people of Darfur probably did not expect Abu Garda to be here when the UNSC referred the case to the ICC and when it was announced Kushayb, Haroun and Bashir face arrest. Abu Garda is here of course for a crime not against Darfuris but against AU peacekeepers, a force with which Darfuris had an ambivalent relationship. The victims’ representative of a wounded AU force member said here that he could not have sex with his wife anymore. I am not sure how victims of the attacks on villages with large-scale loss of life and lifestock feel about the severity of this impediment to be recognised at the ICC.

My instinct was that the AU, who send them there, should provide help with the wounded and the families as victims, not the ICC.

Although I am not saying the crimes of an attack against peacekeepers is not important, the events here at the ICC do seem far away from Darfur and the crimes most of its people suffered. However the presence of a Sudanese at the ICC does warrant more attention, not only for the legal detail but also for the people in Darfur.
Click on Haskanita label here below to view related reports.
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UPDATE on Friday 23 October 2009

From Radio Dabanga 23 October 2009:
‘African Union hosted air force captain at Haskanita base in North-Darfur’
THE HAGUE (23 Oct 2009) – A high ranked officer of the Sudanese Air force was moved from the Haskanita base of the African Union peacekeepers the same day the rebels attacked their compound.  They moved the air force captain, called Bashir, after protestors demanded the African Union to protect their civilians against the continues aerial bombing by the Sudan armed Forces in September 2007.  The mob accused the AU to take sides with the government of Sudan by hosting such a high ranked air force officer at their compound.
The African Union became scared after the threats and moved the officer quickly by helicopter to Al Daein in South Darfur. This was explained by an African Union-high military officer who appeared yesterday (Thursday).  He came as a witness for the prosecutor at the International Criminal Court in The Hague. 
The attack took the lives of 12 African peacekeepers. The prosecutor accuses Bahr Abu Garda for being primary responsible for the killings considered to be a war crime.  
The Nigerian AU-witness was the second in a row requested by the prosecutor to testify for the court.  He also disclosed that he had a meeting with two leaders of Darfur rebel- factions.   He said he met Abdelaziz Al Assir, at that time part of the Justice and Equality Movement and Mohamed Osman of the Sudan Liberation Movement-Unity in August 2007. The witness explained that he was working as a protection-officer of the African Union. In that meeting, Abdelaziz and Mohamed Osman told him that they were working together and controlling the area.
Update on Friday 23 Oct 2009: Radio Dabanga amended some typos in the original copy of above report and republished it, using a different URL. I have amended the above copy accordingly.

Friday, October 09, 2009

ICC Haskanita Darfur Sudan: Prosecutor v. Bahr Idriss Abu Garda 19 October 2009

Bahar Idriss Abu Garda

Photo: URF rebel group commander Bahar Idriss Abu Garda. (David Charter, Europe Correspondent/Sudan Watch archives)

Note that during Mr Garda's last appearance at the ICC, he gave his profession as “commander of a resistance movement” and thanked the court’s registry for facilitating his arrival to the Hague.

Here is a copy of a report from EMAILWIRE.COM, Oct. 09, 2009 by Press Release Distribution Staff:
Confirmation of charges hearing 19 October, 2009 -
Darfur, Sudan; Case: The Prosecutor v. Bahr Idriss Abu Garda
The confirmation of charges hearing in the case of The Prosecutor v. Abu Garda is scheduled to start on Monday, 19 October, 2009, at 09:30 until 16:30. According to the provisional agenda the confirmation hearing sessions are expected to last until 30 October, 2009.

The confirmation hearing is held to ensure that no case goes to trial unless there is sufficient evidence to establish substantial grounds to believe that the person committed the crime with which he has been charged. The suspect has the right to attend the hearing or in his absence be represented by counsel.

On 18 May this year Abu Garda, a member of the Zaghawa tribe of Sudan, appeared for the first time before the Court, in compliance with a summons issued under seal by Pre-Trial Chamber I on 7 May, and unsealed on 17 May.

During his initial appearance before the Court he was informed of his rights under the Rome Statute and the crimes which he is alleged to have committed. He is charged with three war crimes (violence to life, in the form of murder, whether committed or attempted; intentionally directing attacks against personnel, installations, materials, units, and vehicles involved in a peacekeeping mission; and pillaging) allegedly committed during an attack carried out on 29 September, 2007, against the African Union Mission in Sudan (“AMIS”), a peace-keeping mission stationed at the Haskanita Military Group Site, in the locality of Umm Kadada, North Darfur. It is alleged that the attackers killed twelve and severely wounded eight soldiers, destroyed communication facilities and other materials and appropriated property belonging to AMIS.

This case is the third in the Darfur situation after the cases of The Prosecutor v. Ahmad Muhammad Harun (“Ahmad Harun”) and Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”), and The Prosecutor v. Omar Hassan Ahmad Al Bashir. The three suspects (Al Bashir, Harun and Kushayb) remain at large.

The Office of the Prosecutor has also submitted an application on 20 November, 2008, for the issuance of warrants of arrest or, alternatively, summonses to appear for two other individuals who allegedly participated in the attack on Haskanita MGS.

Practical information for the media

All media representatives with ICC accreditation wishing to attend are requested to bring a press valid identification card. No previous confirmation of attendance is required.

Audio and visual summaries

The Public Information and Documentation Section will provide video summaries of the proceedings for download in mpeg 4 format with stereo audio:

Channel 1 - floor (original language from the courtroom)

Channel 2 - English


Audio summaries will be available in mpeg 3 format:

Channel 1 - floor (original language from the courtroom)

Channel 2 - English.

Rushes will be available for download on the following dates: 19 October, 20 October, 23 October, 27 October, 29 October and 30 October.

The “News from the Court” programme (ready for broadcast) containing summaries of the proceedings in Arabic will be available on: 23 October, 27 October, 29 October and 30 October.

If you would like to receive information on these downloads (links for download) please send an email to: PublicAffairs.Unit@icc-cpi.int stating your name, organisation, contacts and which product you are interested to receive.

Video-streaming

The courtroom proceedings can also be followed on the ICC website at:

Courtroom I:

- English: http://livestream.xs4all.nl/icc1.asx
- French: http://livestream.xs4all.nl/icc2.asx

Please note that there will be a 30-minute delay in transmission of the public hearing. All hours noted refer to local time in The Hague.

Media Centre

For media representatives wishing to use the Court’s media facilities, the media centre will open from 08:30 until one hour after the end of the proceedings, from Monday to Friday.

The area can seat up to 64 people and includes: plasma TV screens; a Wi-Fi internet service; cards (plug + play) for those without Wi-Fi installation in their PC or laptop; 6 computers with internet access; 7 telephones for internal calls only, are free of charge. For external use, journalists are advised to purchase beforehand 0800 pre-paid phone cards available at newsagents and train stations. Please note that phone cards cannot be obtained in the vicinity of, or at the ICC.

Parking facilities

Parking facilities are available for media representatives at the Wegastraat car-park. Journalists attending are kindly invited to use the public entrance located on Regulusweg.

Contacts:

For media centre services: Ms Kerry Pickett Public Information Assistant at +31 (0)70 515 9130 or at Kerry.Pickett@icc-cpi.int

For AV services: Ms Violeta Willemsen-Curcic Video and Audio Producer at +31 (0)70 5158422 or at Violeta.WillemsenCurcic@icc-cpi.int

For interviews: Ms Sonia Robla, Head of Public Information and Documentation Section at +31 (0)70 515-8089 or +31 (0) 646448726 or at Sonia.Robla@icc-cpi.int

Contact Information:
The International Criminal Court (ICC)
Ms Kerry Pickett
Tel: +31 (0)70 515 9130
Click on Haskanita label here below for some related reports.

Darfur peacekeepers funeral

Photo: An African Union Mission in the Sudan (AMIS) peacekeeper stands in front of the coffins of his killed colleagues during a funeral ceremony at the Mission's forward headquarters in El Fasher, North Darfur province October 4, 2007. Seven Nigerian peacekeepers and three military observers from Mali, Senegal and Botswana were killed during an attack by rebel militia on their base in Haskanita during the night of 29 September 2007. (Reuters/Stuart Price/AMIS/Sudan Watch archives)