Sudan and the International Criminal Court

There are currently five cases regarding Sudan before the ICC.  All are related to the ongoing conflict in Darfur.  The cases included:

• The Prosecutor v. Ahmad Muhammad Harun (”Ahmad Harun”) and Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”);
• The Prosecutor v. Omar Hassan Ahmad Al Bashir;
• The Prosecutor v. Bahar Idriss Abu Garda;
• The Prosecutor v. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus;
• The Prosecutor v. Abdel Raheem Muhammad Hussein.

Arrest warrants have been issued for Ahmad Harun, Ali Kushayb, President Bashir and Adbel Raheem Muhammad Hussein.

 Background

On March 31, 2005 the United Nations Security Council (UNSC) referred Sudan to the International Criminal Court (ICC) in Resolution 1593 to investigate the crimes committed during the conflict in Darfur and the report from the International Commission of Inquiry which found that the Government of Sudan and the Janjaweed were responsible for violations of international human rights and humanitarian law amounting to crimes under international law.

 “The Commission found that Government forces and militias conducted indiscriminate attacks, including killing of civilians, torture, enforced disappearances, destruction of villages, rape and other forms of sexual violence, pillaging and forced displacement, throughout Darfur. These acts were conducted on a widespread and systematic basis, and therefore may amount to crimes against humanity. The extensive destruction and displacement have resulted in a loss of livelihood and means of survival for countless women, men and children. In addition to the large scale attacks, many people have been arrested and detained, and many have been held incommunicado for prolonged periods and tortured. The vast majority of the victims of all of these violations have been from the Fur, Zaghawa, Masalit, Jebel, Aranga and other so-called “African tribes.”

–          Report of International Commission on Inquiry on Darfur to the Secretary General, pg 3

 In June 2005, the Chief Prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo announced that he would be opening an investigation.  Two years later on 27 February 2007, Ocampo announced that he intended to request arrest warrants for Ahmad Muhammad Harun, former Minister of the State for the Interior and Ali Muhammad Ali Abd-Al-Raham, alleged leader of Janjaweed.  On 14 July 2008, Ocampo announced the application of an arrest warrant for President Bashir for five counts of crimes against humanity, two counts of war crimes, and three counts of genocide.

 Nearly a year later in March 2009, the Pre-Trial Chamber 1 (PTC 1) of the ICC issued an arrest warrant for Bashir for crimes against humanity and other war crimes committed in Darfur from March 2003 to July 2008.  The warrant alleges that Bashir may be criminally responsible as an indirect perpetrator or as an indirect co-perpetrator for crimes that include attacks against civilians, pillaging, murder, extermination, forcible transfer, torture and rape.  This was the first arrest warrant ever issued for a sitting head of state.

 In July 2010, following an order by the ICC Appeals Chamber, the PTC 1 issued a second warrant for Bashir for three counts of genocide committed against the Fur, Masalit and Zaghawa ethnic groups in Darfur.

The warrants are currently outstanding.

For more information please see the ICC’s website.

Relevant Documents: UN Resolution 1593, Report of the International Commission of Inquiry on Darfur

This post is also available in: Arabic