International Criminal Court investigation in Darfur, Sudan
 The seal of the International Criminal Court | |
| File no. | 02/05 |
|---|---|
| Refered by | UN Security Council |
| Date referred | 31 March 2005 |
| Date opened | 6 June 2005 |
| Incident(s) | War in Darfur (Haskanita raids) |
| Crimes | Genocide: · Causing serious harm · Destructive conditions · Killings Crimes against humanity: · Extermination · Forcible transfer · Inhumane acts · Imprisonment · Murder · Persecution · Rape · Torture War crimes: · Attacks against civilians · Destruction of property · Murder · Outrage upon dignity · Pillaging · Rape |
| Status of suspects | |
| Ahmed Haroun | Fugitive |
| Ali Kushayb | Fugitive |
| Omar al-Bashir | Fugitive |
| Bahar Abu Garda | Charges not confirmed |
| Abdallah Banda | Case in pre-trial stage |
| Saleh Jerbo | Case in pre-trial stage |
| War in Darfur |
|---|
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| Timeline |
| International response |
| UNMIS / AMIS / UNAMID |
| ICC investigation |
| Combatants |
| SLM |
| JEM |
| LJM |
| Janjaweed |
| Other articles |
| History of Darfur |
| Bibliography |
The International Criminal Court investigation in Darfur, Sudan or the situation in Darfur, Sudan is an ongoing investigation by the International Criminal Court (ICC) into criminal acts committed during the War in Darfur. Although Sudan is not a state party to the Rome Statute, the treaty which created the ICC, the situation in Darfur was referred to the ICC's Prosecutor by the United Nations Security Council in 2005. As of 2011 six suspects have been indicted by the court: Ahmed Haroun, Ali Kushayb, Omar al-Bashir, Bahar Abu Garda, Abdallah Banda, and Saleh Jerbo.
Background
Referral
The International Criminal Court only has jurisdiction to investigate alleged crimes which have taken place in states or by the nationals of states that are party to the Rome Statute or that have accepted the Court's jurisdiction. Additionally, a situation can be referred to the ICC's Chief Prosecutor by the UN Security Council. In the case of Darfur, the Security Council referred the situation on 31 March 2005 after the passage of Resolution 1593. The resolution was passed by a vote of 11 in favor and zero against, with four abstentions. Argentina, Benin, Denmark, France, Greece, Japan, the Philippines, Romania, Russia, Tanzania, and the United Kingdom voted in favor and Algeria, Brazil, China, and the United States abstained.
The Prosecutor, Luis Moreno Ocampo, formally opened an investigation on 6 June 2005.
Charges
The ICC Prosecutor has charged six people with offences within the jurisdiction of the ICC, which can prosecute individuals who are accused of committed three categories of crime: genocide, crimes against humanity and war crimes.
Ahmed Haroun and Ali Kushayb
Ahmed Haroun was formerly Minister of State for the Interior in the Government of Sudan and later the Minister of State for Humanitarian Affairs. He is alleged to have commanded the "Darfur security desk" which coordinated the counterinsurgency in Darfur and provided arms to the Janjaweed. Ali Muhammad Ali Abd-Al-Rahman, or Ali Kushayb, was allegedly the leader of the Janjaweed. Both have been jointly charged with 51 counts of war crimes and crimes against humanity against the Fur people.
The first nine counts concern attacks in and around the Kodoom villages from or around 15 August 2003 to or around 31 August 2003. Counts 10 to 20 concern attacks in and around the town of Bindisi from or around 15 August 2003 to or around 31 August 2003. Counts 21 to 37 concern attacks in and around the town of Mukjar in or around August 2003, September 2003, October 2003, December 2003, and March 2004. Counts 38 to 51 concern attacks in and around the town of Arawala in or around December 2003.
Haroun is charged with 20 counts of crimes against humanity and 22 counts of war crimes while Kushayb is charged with 22 counts of crimes against humanity and 28 counts of war crimes. War crimes are listed below WC and crimes against humanity as CAH. The statute column contains the reference to the crime in the articles of the Rome Statute.
Omar al-Bashir
Omar al-Bashir is the President of Sudan. He was indicted on 4 March 2009 with five counts of crimes against humanity and two counts of war crimes:
- Attack against a civilian population, constituting a war crime in violation of article 8(2)(e)(i) of the Rome Statute;
- Pillaging, constituting a war crime in violation of article 8(2)(e)(v) of the Rome Statute;
- Murder, constituting a crime against humanity in violation of article 7(1)(a) of the Rome Statute;
- Extermination, constituting a crime against humanity in violation of article 7(1)(b) of the Rome Statute;
- Forcible transfer of a population, constituting a crime against humanity in violation of article 7(1)(d) of the Rome Statute;
- Torture, constituting a crime against humanity in violation of article 7(1)(f) of the Rome Statute;
- Rape,constituting a crime against humanity in violation of article 7(1)(g) of the Rome Statute.
On 12 July 2010 he was additionally charged with three counts of genocide:
- Killing, constituting a crime of genocide in violation of article 6(a) of the Rome Statute;
- Causing serious bodily of mental harm, constituting a crime of genocide in violation of article 6(b) of the Rome Statute;
- Deliberately inflicting conditions of life calculated to bring about physical destitution, constituting a crime of genocide in violation of article 6(c) of the Rome Statute.
References
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