Banda Case

The Prosecutor v. Abdallah Banda Abakaer Nourain

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At large

Abdallah Banda Abakaer Nourain

Commander-in-Chief of Justice and Equality Mouvement Collective-Leadership at time of warrant. Summons to appear: Issued under seal on 27 August 2009 | Unsealed on 15 June 2010. Arrest warrant: 11 September 2014

Charges: three war crimes: violence to life, whether committed or attempted, intentionally directing attacks against personnel, installations, material, units or vehicles involved in a peacekeeping mission, and pillaging, allegedly committed during an attack carried out on 29 September 2007 in Darfur, Sudan. Case also involved Saleh Mohammed Jerbo Jamus but proceedings against him were terminated on 4 October 2013 following his passing.

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Case closed

Saleh Mohammed Jerbo Jamus

Sudanese Liberation Army-Unity’s Chief of Staff (and later integrated into the Justice and Equality Movement), at time of summons. Summons to appear: 27 August 2009 - Unsealed on 15 June 2010

Charges: three war crimes allegedly committed during an attack carried out on 29 September 2007 in Darfur, Sudan. Proceedings terminated by Trial Chamber IV on 4 October 2013 after receiving evidence pointing towards his death. Case also involved charges against Abdallah Banda Abakaer Nourain.

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  • Case also involved Saleh Mohammed Jerbo Jamus but proceedings against him were terminated on 4 October 2013 following his passing.

    On 7 March 2011, Pre-Trial Chamber I unanimously decided to confirm the charges of war crimes brought by the ICC's Prosecutor against Abdallah Banda and committed him to trial. Though Mr Banda appeared voluntarily before the ICC during the Pre-Trial stage of his case, on 11 September 2014, the Trial Chamber judges issued an arrest warrant to ensure his presence at trial. The Chamber stressed that should Mr Banda nonetheless appear voluntarily before the Court, the Chamber will take the voluntary appearance into consideration and revisit accordingly the conditions of his stay in The Netherlands during the trial. The accused is still at large.

    Next steps: The trial will commence pending the accused's arrest or voluntary appearance. The ICC does not try individuals in their absence.

     

Trial Chamber IV

Judge Kimberly Prost (President Judge)
Judge Reine Alapini-Gansou
Judge Socorro Flores Liera

Office of the Prosecutor

Karim A. A. Khan, Prosecutor 
Adebowale Omofade, Trial lawyer 

Defence

​​Charles Achaleke Taku  

Legal Representatives of the Victims

​Hélène Cissé 
Jens Dieckmann

Situation in Darfur, Sudan, referred to the ICC

Summary of situation in Darfur, Sudan

ICC-CPI

UN Security Council refers the situation in Darfur, Sudan, to the ICC with Resolution 1593.Note: While the case initially involved Saleh Mohammed Jerbo Jamus, Trial Chamber IV terminated the proceedings against him on 4 October 2013, upon receiving evidence pointing towards his death.

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Investigations begin in Darfur

OTP opens investigations in Darfur, Sudan, makes public announcement.

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Arrest warrant or summons to appear requested

OTP submits application to Pre-Trial Judges requesting arrest warrant or, alternatively, summons to appear for Abdallah Banda Abakaer Nourain (Banda). A modified version of OTP's application is presented before the Court on 23 February 2009.

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Summons to appear issued under seal

Pre-Trial Judges issue summons to appear under seal for Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus.

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Summons to appear unsealed

Pre-Trial Judges unseal summons to appear for Mr Banda and Mr Jerbo.

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First appearance

Banda and Jerbo case: First appearance, 17 June 2010

ICC-CPI

Pre-Trial phase begins as Banda and Jerbo have first day in Court, appearing voluntarily before Judges of Pre-Trial Chamber I.Press release 

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Confirmation of charges hearing

Confirmation of charges hearing, 8 December 2010

ICC-CPI

Pre-Trial Judges to deliberate and decide in due course whether or not to confirm the charges and commit the Banda and Jerbo case to trialPress release 

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Decision: Charges confirmed

Pre-Trial Judges confirm charges, Banda and Jerbo trial to begin in due course: Trial phase begins.Press release 

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Proceedings against Mr Jerbo terminated

Proceedings against Saleh Mohammed Jerbo Jamus (Jerbo) were terminated by Trial Chamber IV on 4 October 2013 after receiving evidence pointing towards his death.

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Arrest warrant issued for Banda

Trial Chamber IV issues arrest warrant for Banda; vacates the trial date previously scheduled for 18 November 2014.Press release 

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Defence appeals decision

​Defence appeals Trial Chamber IV's decision issuing an arrest warrant for Mr Banda

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Appeal rejected

​Appeals Chamber rejects Defence appeal regarding arrest warrant for Mr Banda

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