International Criminal Court, ‘Situation in Darfur, Sudan

Case Citation : ICC-02/05

Situation referred to the ICC by the United Nations Security Council: March 2005

ICC investigations opened: June 2005

Current focus: Alleged genocide, war crimes and crimes against humanity committed in in Darfur, Sudan, since 1 July 2002 (when the Rome Statute entered into force)

Current regional focus: Darfur (Sudan), with Outreach to refugees in Eastern Chad and those in exile throughout Europe.

Link : https://www.icc-cpi.int/darfur

The following Cases are pending before the ICC under the Situation in Darfur : 

Harun and Kushayb Case

Case Title : The Prosecutor v. Ahmad Muhammad Harun (“Ahmad Harun”) and Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”)

Case Citation : ICC-02/05-01/07

Charges : The warrant of arrest against Ahmad Harun lists 42 counts on the basis of his individual criminal responsibility (articles 25(3)(b) and 25(3)(d) of the Rome Statute) including: 

 -Twenty counts of crimes against humanity: murder (article 7(1)(a)); persecution (article 7(1)(h)); forcible transfer of population (article 7(1)(d)); rape (article 7(1)(g)); inhumane acts (article 7(1)(k)); imprisonment or severe deprivation of liberty (article 7(1)(e)); and torture (article 7(1)(f)); and 

-Twenty-two counts of war crimes: murder (article 8(2)(c)(i)); attacks against the civilian population (article 8(2)(e)(i)); destruction of property (article 8(2)(e)(xii)); rape (article 8(2)(e)(vi)); pillaging (article 8(2)(e)(v)); and outrage upon personal dignity (article 8(2)(c)(ii)). 

The warrant of arrest against Ali Kushayb lists 50 counts on the basis of his individual criminal responsibility under articles 25(3)(a) and 25(3)(d) of the Rome Statute, including:  -Twenty-two counts of crimes against humanity: murder (article 7(1)(a)); deportation or forcible transfer of population (article 7(1)(d)); imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law (article 7(1)(e)); torture (article 7(1)(f)); persecution (article 7(1)(h)); inhumane acts of inflicting serious bodily injury and suffering (article 7(1)(k)). 

-Twenty-eight counts of war crimes: violence to life and person (article 8(2)(c)(i)); outrage upon personal dignity in particular humiliating and degrading treatment (article 8(2)( c)(ii)); intentionally directing an attack against a civilian population (article 8(2)(e)(i)); pillaging (article 8(2)(e)(v)); rape (article 8(2)(e)(vi)); destroying or seizing the property (article 8(2)(e)(xii)). 

Status : The warrants of arrest were issued in this case on 27 April 2007. The suspects are still at large.

Country : Sudan 

 Link :  https://www.icc-cpi.int/darfur/harunkushay

Banda Case

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

Case Citation : ICC-02/05-03/09

Charges : Pre-Trial Chamber I considers that there are substantial grounds to believe that Abdallah Banda is criminally responsible as co-perpetrator for three war crimes under article 25(3)(a) of the Rome Statute: • violence to life within the meaning of article 8(2)(c)(i) of the Statute; • intentionally directing attacks against personnel, installations, material, units and 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.

Status : The accused is still at large.

Country : Sudan 

 Link :  https://www.icc-cpi.int/darfur/banda

Abu Garda Case

Case Title : The Prosecutor v. Bahr Idriss Abu Garda

Case Citation : ICC-02/05-02/09

Charges : Pre-Trial Chamber I considered that there are reasonable grounds to believe that 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.

Status : On 8 February 2010, Pre-Trial Chamber I decided not to confirm the charges against Mr Abu Garda, and later rejected the Prosecutor’s application to appeal the decision.

Country : Sudan 

 Link :  https://www.icc-cpi.int/darfur/abugarda

Al Bashir Case 

Case Title : The Prosecutor v. Omar Hassan Ahmad Al Bashir 

Case Citation : ICC-02/05-01/09

Charges : The warrants of arrest for Omar Al Bashir list ten counts on the basis of his individual criminal responsibility under article 25(3)(a) of the Rome Statute as an indirect (co)perpetrator including: • Five counts of crimes against humanity: murder (article 7(1)(a)); extermination (article 7(1)(b)); forcible transfer (article 7(1)(d)); torture (article 7(1)(f)); and rape (article 7(1)(g)); • Two counts of war crimes: intentionally directing attacks against a civilian population as such or against individual civilians not taking part in hostilities (article 8(2)(e)(i)); and pillaging (article 8(2)(e)(v)); and  Three counts of genocide: genocide by killing (article 6-a), genocide by causing serious bodily or mental harm (article 6-b) and genocide by deliberately inflicting on each target group conditions of life calculated to bring about the group’s physical destruction (article 6-c).

Status : The first warrant for arrest for Omar Hassan Ahmad Al Bashir was issued on 4 March 2009, the second on 12 July 2010. The suspect is still at large.

Country : Sudan 

 Link :  https://www.icc-cpi.int/darfur/albashir

Hussein Case 

Case Title : The Prosecutor v. Abdel Raheem Muhammad Hussein 

Case Citation : ICC-02/05-01/12

Charges : The warrant of arrest for Abdel Raheem Muhammad Hussein (“Hussein”) lists 13 crimes on the basis of his individual criminal responsibility under article 25(3)(a) of the Rome Statute as an indirect (co)perpetrator including: • Seven crimes against humanity: persecution (article 7(l)(h)); murder (article 7(1)(a)); forcible transfer (article 7(1)(d)); rape (article 7(1)(g)); inhumane acts (article 7(l)(k)); imprisonment or severe deprivation of liberty (article 7(l)(e)); and torture (article 7(1)(f)). • Six war crimes: murder (article 8(2)(c)(i)); attacks against a civilian population (article 8(2)(e)(i)); destruction of property (article 8(2)(e)(xii)); rape (article 8(2)(e)(vi)); pillaging (article 8(2)(e)(v)); and outrage upon personal dignity (article 8(2)(c)(ii)).

Status : A warrant for arrest for Abdel Raheem Muhammad Hussein was issued on 1 March 2012. The suspect is at large.

Country : Sudan 

 Link :  https://www.icc-cpi.int/darfur/hussein

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