International Criminal Court investigation in Darfur, Sudan
Encyclopedia
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
.
region of Sudan
from 2003 until 2009–2010. The conflict began when the Sudan Liberation Army and the Justice and Equality Movement
began attacking the Sudanese government in response to perceived oppression of black Sudanese by the majority Arab government.. During the conflict government forces and Janjaweed
militia have attacked black Sudanese in the Darfur region. These actions have been described as genocide by a number of governments and human rights groups. Omar al-Bashir, Sudan's president has denied that his government has links to Janjaweed
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.
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.
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:
On 12 July 2010 he was additionally charged with three counts of genocide:
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
(ICC) into criminal acts committed during the War in Darfur
War in Darfur
The Darfur Conflict was a guerrilla conflict or civil war centered on the Darfur region of Sudan. It began in February 2003 when the Sudan Liberation Movement/Army and Justice and Equality Movement groups in Darfur took up arms, accusing the Sudanese government of oppressing non-Arab Sudanese in...
. Although Sudan
Sudan
Sudan , officially the Republic of the Sudan , is a country in North Africa, sometimes considered part of the Middle East politically. It is bordered by Egypt to the north, the Red Sea to the northeast, Eritrea and Ethiopia to the east, South Sudan to the south, the Central African Republic to the...
is not a state party to the Rome Statute
Rome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court . It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of 13 October 2011, 119 states are party to the statute...
, the treaty which created the ICC, the situation in Darfur was referred to the ICC's Prosecutor by the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
in 2005. As of 2011 six suspects have been indicted by the court: Ahmed Haroun
Ahmed Haroun
Ahmed Mohammed Haroun is one of three Sudanese men wanted by the International Criminal Court for war crimes and crimes against humanity in Darfur...
, Ali Kushayb
Ali Kushayb
Ali Muhammad Ali Abd-Al-Rahman, commonly known as Ali Kushayb, is a former senior Janjaweed commander supporting the Sudanese government against Darfur rebel groups, and currently is sought under an arrest warrant by the International Criminal Court for war crimes. He was known as aqid al oqada ...
, Omar al-Bashir
Omar al-Bashir
Lieutenant General Omar Hassan Ahmad Al-Bashir is the current President of Sudan and the head of the National Congress Party. He came to power in 1989 when he, as a brigadier in the Sudanese army, led a group of officers in a bloodless military coup that ousted the government of Prime Minister...
, Bahar Abu Garda
Bahr Idriss Abu Garda
Bahr Idriss Abu Garda is the leader of the United Resistance Front, a rebel group fighting against the Sudanese government in Darfur...
, Abdallah Banda
Abdallah Banda
Abdallah Banda Abakaer Nourain, commonly referred to as Abdallah Banda, was the Commander-in-Chief of the Justice and Equality Movement Collective-Leadership, one of the components of the United Resistance Front...
, and Saleh Jerbo
Saleh Jerbo
Saleh Mohammed Jerbo Jamus, commonly referred to as Saleh Jerbo, was the Chief-of-Staff of the SLA-Unity. He is waiting for his trial before the International Criminal Court where he will be tried, together with Abdallah Banda, for three counts of war crimes allegedly committed during the Haskanita...
.
Background
The Darfur conflict was a guerrilla conflict conflict that took place in the DarfurDarfur
Darfur is a region in western Sudan. An independent sultanate for several hundred years, it was incorporated into Sudan by Anglo-Egyptian forces in 1916. The region is divided into three federal states: West Darfur, South Darfur, and North Darfur...
region of Sudan
Sudan
Sudan , officially the Republic of the Sudan , is a country in North Africa, sometimes considered part of the Middle East politically. It is bordered by Egypt to the north, the Red Sea to the northeast, Eritrea and Ethiopia to the east, South Sudan to the south, the Central African Republic to the...
from 2003 until 2009–2010. The conflict began when the Sudan Liberation Army and the Justice and Equality Movement
Justice and Equality Movement
The Justice and Equality Movement is a rebel group involved in the Darfur conflict of Sudan, led by Khalil Ibrahim. Along with other rebel groups, such as the Sudan Liberation Movement , they are fighting against the Sudanese Government, including the government's proxy militia, the Janjaweed...
began attacking the Sudanese government in response to perceived oppression of black Sudanese by the majority Arab government.. During the conflict government forces and Janjaweed
Janjaweed
The Janjaweed is a blanket term used to describe mostly gunmen in Darfur, western Sudan, and now eastern Chad...
militia have attacked black Sudanese in the Darfur region. These actions have been described as genocide by a number of governments and human rights groups. Omar al-Bashir, Sudan's president has denied that his government has links to Janjaweed
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 StatuteRome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court . It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of 13 October 2011, 119 states are party to the 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
United Nations Security Council Resolution 1593
United Nations Security Council Resolution 1593, adopted on March 31, 2005, after receiving a report by the International Commission of Inquiry on Darfur, the Council referred the situation in the Darfur region of Sudan to the International Criminal Court and required all states to co-operate fully...
. The resolution was passed by a vote of 11 in favor and zero against, with four abstentions. Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
, Benin
Benin
Benin , officially the Republic of Benin, is a country in West Africa. It borders Togo to the west, Nigeria to the east and Burkina Faso and Niger to the north. Its small southern coastline on the Bight of Benin is where a majority of the population is located...
, Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Greece
Greece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
, Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
, Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
, Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
, Tanzania
Tanzania
The United Republic of Tanzania is a country in East Africa bordered by Kenya and Uganda to the north, Rwanda, Burundi, and the Democratic Republic of the Congo to the west, and Zambia, Malawi, and Mozambique to the south. The country's eastern borders lie on the Indian Ocean.Tanzania is a state...
, and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
voted in favor and Algeria
Algeria
Algeria , officially the People's Democratic Republic of Algeria , also formally referred to as the Democratic and Popular Republic of Algeria, is a country in the Maghreb region of Northwest Africa with Algiers as its capital.In terms of land area, it is the largest country in Africa and the Arab...
, Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
, China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
, and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
abstained.
The Prosecutor, Luis Moreno Ocampo
Luis Moreno Ocampo
José Luis Moreno OcampoMoreno Ocampo's surnames are often hyphenated in English-language media to distinguish Moreno as a surname, rather than a given name. is an Argentine lawyer who has been the Prosecutor of the International Criminal Court since June 16, 2003...
, 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 HarounAhmed Haroun
Ahmed Mohammed Haroun is one of three Sudanese men wanted by the International Criminal Court for war crimes and crimes against humanity in Darfur...
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
Ali Kushayb
Ali Muhammad Ali Abd-Al-Rahman, commonly known as Ali Kushayb, is a former senior Janjaweed commander supporting the Sudanese government against Darfur rebel groups, and currently is sought under an arrest warrant by the International Criminal Court for war crimes. He was known as aqid al oqada ...
, 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
Fur people
The Fur are an ethnic group from western Sudan, principally inhabiting the region of Darfur where they are the largest tribe....
.
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.
| Count | Crime | Statute | Haroun | Kushayb | ||
|---|---|---|---|---|---|---|
| 1 | Persecution | Article 7(1)(h) | ||||
| 2 | Murder | Article 7(1)(a) | ||||
| 3 | Murder | Article 8(2)(c)(i) | ||||
| 4 | Murder | Article 7(1)(a) | ||||
| 5 | Murder | Article 8(2)(c)(i) | ||||
| 6 | Attack against a civilian population | Article 8(2)(e)(i) | ||||
| 7 | Attack against a civilian population | Article 8(2)(e)(i) | ||||
| 8 | Destruction of property | Article 8(2)(e)(xii) | ||||
| 9 | Forcible transfer of a population | Article 7(1)(d) | ||||
| 10 | Persecution | Article 7(1)(h) | ||||
| 11 | Murder | Article 7(1)(a) | ||||
| 12 | Murder | Article 8(2)(c)(i) | ||||
| 13 | Rape | Article 7(1)(g) | ||||
| 14 | Rape | Article 8(2)(e)(vi) | ||||
| 15 | Attack against a civilian population | Article 8(2)(e)(i) | ||||
| 16 | Attack against a civilian population | Article 8(2)(e)(i) | ||||
| 17 | Inhumane acts | Article 7(1)(k) | ||||
| 18 | Pillaging | Article 8(2)(e)(v) | ||||
| 19 | Destruction of property | Article 8(2)(e)(xii) | ||||
| 20 | Forcible transfer of a population | Article 7(1)(d) | ||||
| 21 | Persecution | Article 7(1)(h) | ||||
| 22 | Murder | Article 7(1)(a) | ||||
| 23 | Murder | Article 8(2)(c)(i) | ||||
| 24 | Murder | Article 7(1)(a) | ||||
| 25 | Murder | Article 7(1)(a) | ||||
| 26 | Murder | Article 8(2)(c)(i) | ||||
| 27 | Murder | Article 8(2)(c)(i) | ||||
| 28 | Murder | Article 7(1)(a) | ||||
| 29 | Murder | Article 7(1)(a) | ||||
| 30 | Murder | Article 8(2)(c)(i) | ||||
| 31 | Murder | Article 8(2)(c)(i) | ||||
| 32 | Attack against a civilian population | Article 8(2)(e)(i) | ||||
| 33 | Attack against a civilian population | Article 8(2)(e)(i) | ||||
| 34 | Imprisonment or severe deprivation of liberty | Article 7(1)(e) | ||||
| 35 | Torture | Article 7(1)(f) | ||||
| 36 | Pillaging | Article 8(2)(e)(v) | ||||
| 37 | Destruction of property | Article 8(2)(e)(xii) | ||||
| 38 | Persecution | Article 7(1)(h) | ||||
| 39 | Murder | Article 7(1)(a) | ||||
| 40 | Murder | Article 8(2)(c)(i) | ||||
| 41 | Rape | Article 7(1)(g) | ||||
| 42 | Rape | Article 8(2)(e)(vi) | ||||
| 43 | Attack against a civilian population | Article 8(2)(e)(i) | ||||
| 44 | Attack against a civilian population | Article 8(2)(e)(i) | ||||
| 45 | Outrage upon personal dignity | Article 8(2)(c)(ii) | ||||
| 46 | Outrage upon personal dignity | Article 8(2)(c)(ii) | ||||
| 47 | Outrage upon personal dignity | Article 8(2)(c)(ii) | ||||
| 48 | Inhumane acts | Article 7(1)(k) | ||||
| 49 | Pillaging | Article 8(2)(e)(v) | ||||
| 50 | Destruction of property | Article 8(2)(e)(xii) | ||||
| 51 | Forcible transfer of a population | Article 7(1)(d) |
Omar al-Bashir
Omar al-BashirOmar al-Bashir
Lieutenant General Omar Hassan Ahmad Al-Bashir is the current President of Sudan and the head of the National Congress Party. He came to power in 1989 when he, as a brigadier in the Sudanese army, led a group of officers in a bloodless military coup that ousted the government of Prime Minister...
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.