Alleged crimes (non-exhaustive list)
The warrants of arrest were issued in this case on 27 April 2007. Is issuing the warrants, Pre-Trial Chamber I stated that there are reasonable grounds to believe that:
An armed conflict took place allegedly between the Government of Sudan including combatants from the Sudan People's Armed Forces (the Sudanese Armed Forces) and the Popular Defence Force (PDF) along with the Janjaweed militia against organized rebel groups, including the Sudanese Liberation Movement/Army (SLM/A) and the Justice and Equality Movement (JEM) in Darfur, Sudan. It is alleged that the Sudanese Armed Forces and the Janjaweed militia, acting together as part of the counter-insurgency campaign, carried out several attacks, of a systematic or widespread nature, on the towns of Kodoom, Bindisi, Mukjar, Arawala and surrounding areas in 2003 and 2004. In the above mentioned towns criminal acts were allegedly committed against civilians primarily from the Fur, Zaghawa and Masalit populations, such as murders of civilians, rapes and outrages upon the personal dignity of women and girls, persecution, forcible transfers, imprisonment or severe deprivation of liberty, and attacks intentionally directed against the above-mentioned populations.
Ahmad Harun served from 2003 to 2005 as Minister of the State for the Interior of the Government of Sudan and allegedly in charge of the management of the "Darfur Security Desk" thereby co-ordinating the different bodies of the government involved in the counter-insurgency, including the Police, the Armed Forces, the National Security and Intelligence Service and the Janjaweed militia. It is alleged that Ahmad Harun, by virtue of his above-mentioned position, had knowledge of the crimes committed against the civilian population and of the methods used by the Janjaweed militia; that in his public speeches Ahmad Harun not only demonstrated that he knew that the Janjaweed militia were attacking civilians and pillaging towns and villages, but also personally encouraged the commission of such illegal acts; and that due to his position at the Darfur Security Desk and through his overall co-ordination and personal participation in key activities of the Security Committees, namely the recruiting, arming and funding of the Janjaweed militia in Darfur, Ahmad Harun intentionally contributed to the commission of the above-mentioned crimes.
Ali Kushayb, one of the most senior leaders in the tribal hierarchy in the Wadi Salih locality and member of the Popular Defence Forces (PDF), allegedly commanded thousands of Janjaweed militia from on or about August 2003 until on or about March 2004. Ali Kushayb is alleged to have implemented the counter-insurgency strategy of the Government of Sudan that also resulted in the commission of war crimes and crimes against humanity in Darfur, Sudan. Ali Kushayb is perceived to be the mediator between the leaders of the Janjaweed militia in Wadi Salih and the Government of Sudan. He is also alleged to have enlisted fighters, armed, funded and provided food and other supplies to the Janjaweed militia under his command, thereby internationally contributing to the above-mentioned crimes. Ali Kushayb is alleged to have personally participated in some of the attacks against civilians namely in the towns of Kodoom, Bindist, Mukjar and Arawala between August 2003 and March 2004, where the killing of civilians, rape, torture and other cruel treatments occurred, therefore he allegedly committed, jointly with others, the above-mentioned crimes.