International Criminal Court investigation in Darfur

From Wikipedia, the free encyclopedia
Jump to: navigation, search
Situation in Darfur
The seal of the International Criminal Court
The seal of the International Criminal Court
File no. 02/05
Referred by UN Security Council
Date referred 31 March 2005
Date opened 6 June 2005 (2005-06-06)
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
Abdel Rahim Mohammed Hussein Fugitive
War in Darfur
Map of Darfur 2011.png
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 or the situation in Darfur 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.[1] As of 2012 seven suspects have been indicted by the court: Ahmed Haroun and Ali Kushayb, Omar al-Bashir, Bahar Abu Garda, Abdallah Banda and Saleh Jerbo, and Abdel Rahim Mohammed Hussein.[2]

Background[edit]

See also: War in Darfur

The Darfur conflict was a guerrilla conflict that took place in the Darfur 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.[3] 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[3]

Referral[edit]

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.[4] 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.[4]

The Prosecutor, Luis Moreno Ocampo, formally opened an investigation on 6 June 2005.[1]

Charges[edit]

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[edit]

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. Hauron and Kushayb were charged with the total of 51 counts of war crimes and crimes against humanity against the Fur people.[5][6]

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.[5][6] 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.[5][6] 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 CAH WC Crime Statute Haroun Kushayb
1 Green tickY Red XN Persecution Article 7(1)(h) Green tickY Green tickY
2 Green tickY Red XN Murder Article 7(1)(a) Green tickY Green tickY
3 Red XN Green tickY Murder Article 8(2)(c)(i) Green tickY Green tickY
4 Green tickY Red XN Murder Article 7(1)(a) Green tickY Green tickY
5 Red XN Green tickY Murder Article 8(2)(c)(i) Green tickY Green tickY
6 Red XN Green tickY Attack against a civilian population Article 8(2)(e)(i) Green tickY Green tickY
7 Red XN Green tickY Attack against a civilian population Article 8(2)(e)(i) Red XN Green tickY
8 Red XN Green tickY Destruction of property Article 8(2)(e)(xii) Green tickY Green tickY
9 Green tickY Red XN Forcible transfer of a population Article 7(1)(d) Green tickY Green tickY
10 Green tickY Red XN Persecution Article 7(1)(h) Green tickY Green tickY
11 Green tickY Red XN Murder Article 7(1)(a) Green tickY Green tickY
12 Red XN Green tickY Murder Article 8(2)(c)(i) Green tickY Green tickY
13 Green tickY Red XN Rape Article 7(1)(g) Green tickY Green tickY
14 Red XN Green tickY Rape Article 8(2)(e)(vi) Green tickY Green tickY
15 Red XN Green tickY Attack against a civilian population Article 8(2)(e)(i) Green tickY Green tickY
16 Red XN Green tickY Attack against a civilian population Article 8(2)(e)(i) Red XN Green tickY
17 Green tickY Red XN Inhumane acts Article 7(1)(k) Green tickY Green tickY
18 Red XN Green tickY Pillaging Article 8(2)(e)(v) Green tickY Green tickY
19 Red XN Green tickY Destruction of property Article 8(2)(e)(xii) Green tickY Green tickY
20 Green tickY Red XN Forcible transfer of a population Article 7(1)(d) Green tickY Green tickY
21 Green tickY Red XN Persecution Article 7(1)(h) Green tickY Green tickY
22 Green tickY Red XN Murder Article 7(1)(a) Green tickY Green tickY
23 Red XN Green tickY Murder Article 8(2)(c)(i) Green tickY Green tickY
24 Green tickY Red XN Murder Article 7(1)(a) Green tickY Green tickY
25 Green tickY Red XN Murder Article 7(1)(a) Red XN Green tickY
26 Red XN Green tickY Murder Article 8(2)(c)(i) Green tickY Green tickY
27 Red XN Green tickY Murder Article 8(2)(c)(i) Red XN Green tickY
28 Green tickY Red XN Murder Article 7(1)(a) Green tickY Green tickY
29 Green tickY Red XN Murder Article 7(1)(a) Red XN Green tickY
30 Red XN Green tickY Murder Article 8(2)(c)(i) Green tickY Green tickY
31 Red XN Green tickY Murder Article 8(2)(c)(i) Red XN Green tickY
32 Red XN Green tickY Attack against a civilian population Article 8(2)(e)(i) Green tickY Green tickY
33 Red XN Green tickY Attack against a civilian population Article 8(2)(e)(i) Red XN Green tickY
34 Green tickY Red XN Imprisonment or severe deprivation of liberty Article 7(1)(e) Green tickY Green tickY
35 Green tickY Red XN Torture Article 7(1)(f) Green tickY Green tickY
36 Red XN Green tickY Pillaging Article 8(2)(e)(v) Green tickY Green tickY
37 Red XN Green tickY Destruction of property Article 8(2)(e)(xii) Green tickY Red XN
38 Green tickY Red XN Persecution Article 7(1)(h) Green tickY Green tickY
39 Green tickY Red XN Murder Article 7(1)(a) Green tickY Green tickY
40 Red XN Green tickY Murder Article 8(2)(c)(i) Green tickY Green tickY
41 Green tickY Red XN Rape Article 7(1)(g) Green tickY Green tickY
42 Red XN Green tickY Rape Article 8(2)(e)(vi) Green tickY Green tickY
43 Red XN Green tickY Attack against a civilian population Article 8(2)(e)(i) Green tickY Green tickY
44 Red XN Green tickY Attack against a civilian population Article 8(2)(e)(i) Green tickY Green tickY
45 Red XN Green tickY Outrage upon personal dignity Article 8(2)(c)(ii) Red XN Green tickY
46 Red XN Green tickY Outrage upon personal dignity Article 8(2)(c)(ii) Green tickY Green tickY
47 Red XN Green tickY Outrage upon personal dignity Article 8(2)(c)(ii) Red XN Green tickY
48 Green tickY Red XN Inhumane acts Article 7(1)(k) Green tickY Green tickY
49 Red XN Green tickY Pillaging Article 8(2)(e)(v) Green tickY Green tickY
50 Red XN Green tickY Destruction of property Article 8(2)(e)(xii) Green tickY Green tickY
51 Green tickY Red XN Forcible transfer of a population Article 7(1)(d) Green tickY Green tickY

Omar al-Bashir[edit]

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:[7]

  1. Attack against a civilian population, constituting a war crime in violation of article 8(2)(e)(i) of the Rome Statute;
  2. Pillaging, constituting a war crime in violation of article 8(2)(e)(v) of the Rome Statute;
  3. Murder, constituting a crime against humanity in violation of article 7(1)(a) of the Rome Statute;
  4. Extermination, constituting a crime against humanity in violation of article 7(1)(b) of the Rome Statute;
  5. Forcible transfer of a population, constituting a crime against humanity in violation of article 7(1)(d) of the Rome Statute;
  6. Torture, constituting a crime against humanity in violation of article 7(1)(f) of the Rome Statute;
  7. 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:[8]

  1. Killing, constituting a crime of genocide in violation of article 6(a) of the Rome Statute;
  2. Causing serious bodily of mental harm, constituting a crime of genocide in violation of article 6(b) of the Rome Statute;
  3. 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[edit]

  1. ^ a b "The Prosecutor of the ICC opens investigation in Darfur". International Criminal Court. 2005-06-29. Retrieved 2011-11-01. 
  2. ^ "Situation in Darfur, Sudan". International Criminal Court. Archived from the original on 2011-06-23. Retrieved 2011-11-01. 
  3. ^ a b "Q&A: Sudan's Darfur conflict". BBC News. 2010-02-23. Retrieved 2011-11-01. 
  4. ^ a b "Security Council Refers Situation in Darfur, Sudan, to Prosecutor of International Criminal Court". United Nations. 2005-03-31. Retrieved 2011-11-01. 
  5. ^ a b c "Warrant of Arrest for Ahmad Harun" (PDF). International Criminal Court. 2007-04-27. Retrieved 2011-11-02. 
  6. ^ a b c "Warrant of Arrest for Ali Kushayb" (PDF). International Criminal Court. 2007-04-27. Retrieved 2011-11-02. 
  7. ^ "ICC-02/05-01/09-1: Warrant of Arrest for Omar Hassan Ahmad Al Bashir" (PDF). International Criminal Court. 2008-03-04. Retrieved 2011-11-03. 
  8. ^ "ICC-02/05-01/09-95: Second Warrant of Arrest for Omar Hassan Ahmad Al Bashir" (PDF). International Criminal Court. 2010-07-12. Retrieved 2010-11-03.