New suspects in the situation in Darfur, Sudan arrive voluntarily at the ICC: First appearance scheduled for tomorrow

Situation: Darfur, Sudan 

Case: The Prosecutor v. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus

Abdallah Banda Abakaer Nourain (Banda) and Saleh Mohammed Jerbo Jamus (Jerbo), both suspected of having committed war crimes in Darfur, Sudan, arrived voluntarily this morning at the International Criminal Court (ICC) following summonses to appear issued first under seal on 27 August, 2009, by Pre-Trial Chamber I.  Both suspects will stay at the location assigned to them by the Court, until their first appearance before the Chamber, scheduled for tomorrow, 17 June, 2010, at 10:00 a.m. (The Hague local time).

Banda and Jerbo are charged with three counts of war crimes 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.

Pre-Trial Chamber I considered that there are reasonable grounds to believe that the attack against AMIS occurred in the context of an armed conflict of non-international character between the Government of Sudan and several organised armed groups at the time of the attack. It was allegedly carried out by the troops belonging to the Sudanese Liberation Army-Unity (SLA-Unity), which had broken away from the Sudanese Liberation Movement-Army (SLM/A), under the command of Jerbo, jointly with splinter forces of the Justice and Equality Movement (JEM), under the command of Banda.

It is alleged that the attackers, numbering approximately 1,000, were armed with anti-aircraft guns, artillery guns and rocket-propelled grenade launchers and that they killed 12 AMIS soldiers and severely wounded eight others. During and after the attack, they allegedly destroyed AMIS communications installations, dormitories, vehicles and other materials and appropriated AMIS property, including refrigerators, computers, cellular phones, military boots and uniforms, 17 vehicles, fuel, ammunition and money.

Pre-Trial Chamber I, composed of Presiding Judge Sylvia Steiner (Brazil), Judge Sanji Mmasenono Monageng (Botswana) and Judge Cuno Tarfusser (Italy) considered that there are reasonable grounds to believe that Banda and Jerbo are criminally responsible for the following war crimes:

• 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.

The judges held that, on the basis of information provided by the Office of the Prosecutor, a summons to appear for Banda and Jerbo would be sufficient to ensure their appearance before the Court. Accordingly, the issuance of a warrant of arrest did not appear necessary.

Bearing in mind the need to preserve public order and ensure the orderly conduct of the proceedings, the Chamber attached a number of conditions to the summonses to appear. In particular, it ordered Banda and Jerbo to refrain from discussing issues related to the charges or evidence considered by the Chamber and from making any political statements.

Until their first appearance before the Chamber, tomorrow, Banda and Jerbo will stay at the location assigned to them. This location will remain confidential. They are ordered not to leave the premises of the Court, including that location, for the whole period of their stay in the Netherlands, without the specific permission of the Chamber.

During the hearing tomorrow, they will be informed of the crimes which they are alleged to have committed and of their rights under the Rome Statute. A confirmation hearing will be held within a reasonable time to determine whether or not there are substantial grounds to believe that they committed the crimes charged.

For practical information for journalists attending the initial appearance, please click here.

Ongoing proceedings in the situation in Darfur

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.

To date, five investigations are opened before the ICC. Three States Parties to the Rome Statute – Uganda, the Democratic Republic of the Congo and the Central African Republic – have referred situations occurring on their territories. The situation in Darfur, Sudan, was referred by the United Nations Security Council. Sudan is not State party to the Rome Statute. On 31 March, 2010, Pre-Trial II Judges granted the Prosecutor’s request to open an investigation proprio motu in the post-election violence in Kenya.

Second Decision on the Prosecutor's Application under Article 58 - English | Français

SUMMONS TO APPEAR FOR SALEH MOHAMMED JERBO JAMUS - English | Français | عربي

SUMMONS TO APPEAR FOR ABDALLAH BANDA ABAKAER NOURAIN – English | Français | عربي

Decision Setting the Date for the Hearing of First Appearance - English | Français | عربي

Questions and answers on the summonses to appear issued for Abdallah Banda Abaker Nourain and Saleh Mohammed Jerbo Jamus – English | Français | عربي

For further information please contact Sonia Robla, Head of Public Information and Documentation Section at +31 (0)70 515 8089 or +31 (0) 6 46 44 87 26 or at [email protected]