Pre-Trial Chamber I rejects the Prosecutor’s application to appeal the decision declining to confirm the charges in the <i>Abu Garda</i> case

Situation: Darfur, Sudan 

Case: The Prosecutor v. Bahar Idriss Abu Garda

On 23 April, 2010, Pre-Trial Chamber I of the International Criminal Court issued a decision rejecting the Prosecutor’s application to appeal the decision declining to confirm the charges in the case of The Prosecutor v. Bahar Idriss Abu Garda.

According to the Rome Statute, an appeal on a decision on the confirmation of charges cannot be made directly to the Appeals Chamber. It can only be made once leave of the Chamber has been granted. Pre-Trial Chamber I finds that the arguments raised by the Prosecution in its application for leave to appeal do not meet the requirements for an appeal (article 82(1)(d) of the Rome Statute). The Pre-Trial Chamber also recalls it has exercised its discretionary powers to freely assess the evidence submitted by the Prosecution for the purposes of the confirmation of charges.

In its decision of the 8 February, 2010, the Chamber had declined to confirm the charges against Bahar Idriss Abu Garda, as it 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 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.

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.
The International Criminal Court is the only permanent international court established with the mission to help put an end to impunity for the perpetrators of the most serious crimes of concern to the international community as a whole, namely the crime of genocide, crimes against humanity and war crimes, and thus to contribute to the prevention of such crimes.

Decision on the Prosecution’s Application for Leave to Appeal the “Decision on the confirmation of charges” 

Decision on the confirmation of charges 

Case fact sheet “The Prosecutor v. Bahar Idriss Abu Garda” 

For further information please contact Ms Sonia Robla, Head of Public Information and Documentation Section at +31 (0)70 515-8089 or +31 (0) 646448726 or at [email protected]