ICC-02/05-02/09

Pre-trial

The Prosecutor v. Bahar Idriss Abu Garda

Bahar Idriss Abu Garda

Born in Nana, North Darfur. Believed to be in his early forties.

Tribe Zaghawa.

Chairman and General Coordinator of Military Operations of the United Resistance Front.

Pre-Trial Chamber I is of the opinion that there are reasonable grounds to believe that Mr Abu Garda is criminally responsible as a co-perpetrator or as an indirect co-perpetrator for three war crimes under article 25(3)(a) of the Rome Statute:

• violence to life in the form of murder, whether committed or attempted, within the meaning of article 8(2)(c)(i) of the Statute;
• intentionally directing attacks against personnel, installations, material, units or vehicles involved in a peacekeeping mission within the meaning of article 8(2)(e)(iii) of the Statute; and
• pillaging within the meaning of article 8(2)(e)(v) of the Statute.

On 8 February 2010, Pre-Trial Chamber I refused to confirm the charges against Mr Abu Garda. On 23 April, 2010, Pre-Trial Chamber I issued a decision rejecting the Prosecutor's application to appeal the decision declining to confirm the charges. The decision does not preclude the Prosecution from subsequently requesting confirmation of the charges if such a request is supported by additional evidence.