Sudan: Interaction Between International and National Judicial Responses to the Mass Atrocities in Darfur
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NEWS OTP Activities
OTP Briefing Issue #144 1-15 July 2013 NEWS Pre-Trial Chamber II requests Nigeria to arrest Omar Al Bashir 15 July - Pre-Trial Chamber II requested the Federal Republic of Nigeria to immediately arrest Sudanese President Omar Al Bashir, on visit to Abuja (Nigeria) for an African Union summit on HIV/AIDS, Tuberculosis and Malaria, and to surrender him to the ICC. The Sudanese President’s visit to Nigeria has raised a lot of criticism among rights groups. Human Rights Watch (HRW) called for Nigeria to prevent Bashir to attend the Abuja summit or to stop it if it went there, while the president of the Nigeria Coalition on the International Criminal Court, Chino Obiagwu, said that the Nigerian government “has violated its obligations under international law”. The Chamber recalled that, as signatories to the ICC, Nigeria and several other African countries are expected, under their treaty obligations, to actually arrest the Sudanese President if he sets foot on their soil. The Nigeria presidential spokesman Reuben Abati said "The Sudanese president came for an AU event and the AU has taken a position on the ICC arrest order, so Nigeria has not taken action different from the AU stand". Nevertheless, Nigeria’s Minister of State for Foreign Affairs, Prof. Viola Onwuliri, had briefed the Nigerian press that over 30 African Heads of State would be participating at the conference, stating that she was not reported to have specifically listed the names of the heads of state and presidents expected at the meeting, nor was she reported to have specifically mentioned the name of the controversial Sudanese president. -
11 May 2020 TRIAL CHAMBER IV Before: Judge K
ICC-02/05-03/09-673-Red 11-05-2020 1/18 EK T Original: English No.: ICC-02/05-03/09 Date: 11 May 2020 TRIAL CHAMBER IV Before: Judge Kimberly Prost, Presiding Judge Judge Robert Fremr Judge Reine Alapini-Gansou SITUATION IN DARFUR, THE SUDAN IN THE CASE OF THE PROSECUTOR v. ABDALLAH BANDA ABAKAER NOURAIN Public Public redacted version of “Prosecution’s submissions on trials in absentia in light of the specific circumstances of the Banda case”, 13 December 2019, ICC-02/05-03/09-673-Conf- Exp Source: Office of the Prosecutor No. ICC-02/05-03/09 1/18 11 May 2020 ICC-02/05-03/09-673-Red 11-05-2020 2/18 EK T Document to be notified in accordance with regulation 31 of the Regulations of the Court to: The Office of the Prosecutor Counsel for the Defence of Mr Banda Ms Fatou Bensouda Mr Charles Achaleke Taku Mr James Stewart Mr Julian Nicholls Legal Representatives of the Victims Legal Representatives of the Applicants Ms Hélène Cissé Mr Jens Dieckmann Unrepresented Victims Unrepresented Applicants (Participation/Reparation) The Office of Public Counsel for Victims The Office of Public Counsel for the Defence States Representatives Amicus Curiae REGISTRY Registrar Counsel Support Section Mr Peter Lewis Dr Esteban Peralta Losilla Victims and Witnesses Unit Detention Section Victims Participation and Reparations Other Section No. ICC-02/05-03/09 2/18 11 May 2020 ICC-02/05-03/09-673-Red 11-05-2020 3/18 EK T I. INTRODUCTION 1. On 13 November 2019, in the “Order following Status Conference on 30 October 2019,”1 Trial Chamber IV (“Trial Chamber” or “Chamber”), by majority, invited the Defence and the Prosecution “to make submissions on trials in absentia in light of the specific circumstances of this case by 13 December 2019.”2 2. -
Darfur, Sudan: the Responsibility to Protect
House of Commons International Development Committee Darfur, Sudan: The responsibility to protect Fifth Report of Session 2004–05 Volume II Oral and written evidence Ordered by The House of Commons to be printed 16 March 2005 HC 67-II [Incorporating HC 67-i to -vi] Published 30 March 2005 by authority of the House of Commons London: The Stationery Office Limited £18.50 The International Development Committee The International Development Committee is appointed by the House of Commons to examine the expenditure, administration, and policy of the Department for International Development and its associated public bodies. Current membership Tony Baldry MP (Conservative, Banbury) (Chairman) John Barrett MP (Liberal Democrat, Edinburgh West) Mr John Battle MP (Labour, Leeds West) Hugh Bayley MP (Labour, City of York) Mr John Bercow MP (Conservative, Buckingham) Ann Clwyd MP (Labour, Cynon Valley) Mr Tony Colman MP (Labour, Putney) Mr Quentin Davies MP (Conservative, Grantham and Stamford) Mr Piara S Khabra MP (Labour, Ealing Southall) Chris McCafferty MP (Labour, Calder Valley) Tony Worthington MP (Labour, Clydebank and Milngavie) Powers The Committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 152. These are available on the Internet via www.parliament.uk Publications The Reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee (including press notices) are on the Internet at www.parliament.uk/indcom Committee staff The staff of the Committee are Alistair Doherty (Clerk), Hannah Weston (Second Clerk), Alan Hudson and Anna Dickson (Committee Specialists), Katie Phelan (Committee Assistant), Jennifer Steele (Secretary) and Philip Jones (Senior Office Clerk). -
The Economics of Ethnic Cleansing in Darfur
The Economics of Ethnic Cleansing in Darfur John Prendergast, Omer Ismail, and Akshaya Kumar August 2013 WWW.ENOUGHPROJECT.ORG WWW.SATSENTINEL.ORG The Economics of Ethnic Cleansing in Darfur John Prendergast, Omer Ismail, and Akshaya Kumar August 2013 COVER PHOTO Displaced Beni Hussein cattle shepherds take shelter on the outskirts of El Sereif village, North Darfur. Fighting over gold mines in North Darfur’s Jebel Amer area between the Janjaweed Abbala forces and Beni Hussein tribe started early this January and resulted in mass displacement of thousands. AP PHOTO/UNAMID, ALBERT GONZALEZ FARRAN Overview Darfur is burning again, with devastating results for its people. A kaleidoscope of Janjaweed forces are once again torching villages, terrorizing civilians, and systematically clearing prime land and resource-rich areas of their inhabitants. The latest ethnic-cleans- ing campaign has already displaced more than 300,000 Darfuris this year and forced more than 75,000 to seek refuge in neighboring Chad, the largest population displace- ment in recent years.1 An economic agenda is emerging as a major driver for the escalating violence. At the height of the mass atrocities committed from 2003 to 2005, the Sudanese regime’s strategy appeared to be driven primarily by the counterinsurgency objectives and secondarily by the acquisition of salaries and war booty. Undeniably, even at that time, the government could have only secured the loyalty of its proxy Janjaweed militias by allowing them to keep the fertile lands from which they evicted the original inhabitants. Today’s violence is even more visibly fueled by monetary motivations, which include land grabbing; consolidating control of recently discovered gold mines; manipulating reconciliation conferences for increased “blood money”; expanding protection rackets and smuggling networks; demanding ransoms; undertaking bank robberies; and resum- ing the large-scale looting that marked earlier periods of the conflict. -
Armed Conflicts Report - Chad
Armed Conflicts Report - Chad Armed Conflicts Report Chad (1965 - first combat deaths) Update: January 2009 Summary Type of Conflict Parties to the Conflict Status of Fighting Number of Deaths Political Developments Background Arms Sources Summary: 2008 In February, rebel forces attempted a coup d’etat in the capital N’Djamena. Although unsuccessful, the attempted coup resulted in several hundred deaths, displaced tens of thousands and prompted the Chadian government to declare a state of emergency. A joint-international mission was deployed in Chad, including an EU military component (EUFOR) and a UN humanitarian component, the United Nations Mission in Central African Republic and Chad (MINURCAT). However, the relative ineffectualness of these missions, in combination with rebel proxy violence in the Sudan/Darfur-Chad border regions, hampered potential developments towards security. The humanitarian situation deteriorated as insecurity hampered the efforts of aid organizations. Citing Chad’s continued failure to use oil revenues for poverty reduction, the World Bank finally ended its involvement there by recalling loans from the Chad-Cameroon oil pipeline. 2007 The governments of Chad, Sudan and the Central African Republic signed an agreement to not support rebels in their territory attacking the other signatories, however, cross border attacks continued in 2007 and led to the death and increased displacement of Chadian citizens as well as Sudanese refugees living in Chad. Despite the signing of a ceasefire agreement by the government and four main armed opposition groups, no lasting peace agreement has been reached and armed resistance to President Idriss Deby’s leadership continued to intensify. Ethnic violence also continued and led UN Secretary-General Ban Ki-Moon to propose two possible military operations for Chad, in combination with the European Union peacekeeping mission that is set to deploy in early 2008. -
The International Criminal Court
2007–2008 FACT SHEET ONE “The establishment of the Court is still a gift of hope to future generations, and a giant step forward in the march towards universal human rights and the rule of law.” – Kofi Annan, Former U.N. Secretary-General at the signing of the Rome Statute of the International Criminal Court The International Criminal Court The International Criminal Court is groundbreaking because: For more than half a century since the Nuremberg and Tokyo trials, states have largely failed to bring to justice those responsible for genocide, crimes against humanity and war crimes. With the creation of the International Criminal Court (ICC), the world has begun to fulfill the post-World War II promise of “never again.” The ICC is the world’s first permanent, international judicial body capable of bringing perpetrators to justice and providing redress it will serve as a permanent deterrent to victims when states are unable or unwilling to do so. This represents a major stride for to people considering these crimes. international justice. In most cases in the last 50 years, international mechanisms to prosecute On July 17, 1998, at a diplomatic conference in Rome, the international community people accused of these crimes have adopted the Rome Statute of the International Criminal Court. The treaty has been hailed been set up only after the crimes were by governments, legal experts and civil society as the most significant development in committed; international law since the adoption of the United Nations Charter. The treaty entered into force on July 1, 2002. The Court made its first arrest in March 2006 and is scheduled to it will have a much wider jurisdiction begin its first trial in September 2007. -
Genocide in Darfur - How the Horror Began - Sudan Tribune: Plural News and Views on Sudan
2/28/2019 Genocide in Darfur - How the Horror Began - Sudan Tribune: Plural news and views on Sudan Print HOME | COMMENT & ANALYSIS SATURDAY 3 SEPTEMBER 2005 Genocide in Darfur - How the Horror Began By Eric Reeves September 3, 2005 — In one of the most remote places in Africa, an insurgency began unnoticed under the shadow of the war in Iraq in 2003, killing 350,000 to 400,000 people in 29 months by means of violence, malnutrition, and disease in the first genocidal rampage of the 21st century. The insurgeny began virtually unnoticed in February 2003; it has, over the past two years, precipitated the first great episode of genocidal destruction in the 21st century. The victims are the non-Arab or African tribal groups of Darfur, primarily the Fur, the Massaleit, and the Zaghawa, but also the Tunjur, the Birgid, the Dajo, and others. These people have long been politically and economically marginalized, and in recent years the National Islamic Front regime, based in Sudan’s capital of Khartoum, has refused to control increasingly violent Arab militia raids of African villages in Darfur. Competition between Arab and African tribal groups over the scarce primary resources in Darfur-arable land and water-has been exacerbated by advancing desertification throughout the Sahel region. But it was Khartoum’s failure to respond to the desperate economic needs of this huge region (it is the size of France), the decayed judiciary, the lack of political representation, and in particular the growing impunity on the part of Arab raiders that gave rise to the full-scale armed conflict. -
The International Criminal Court
The International Criminal Court • an international court set up to prosecute major human rights crimes • Jurisdiction over genocide, crimes against humanity, war crimes, and aggression. • Proceedings may be initiated by (1) state party request, (2) the prosecutor, or (3) UN Security Council resolution. • In (1) and (2), the ICC’s jurisdiction is limited to citizens of member states and individuals accused of committing crimes on the territory of member states. In (3), these limits do not apply. • Principle of Complementarity. The Court acts only if the state of primary juris- diction proves itself “unwilling or unable” to launch criminal proceedings (art. 17). Situations under official investigation by the ICC: Uganda, Democratic Republic of Congo, Sudan (Darfur), Central African Republic (2), Kenya, Libya, Côte d’Ivoire, Mali, Georgia, Burundi. Preliminary Examinations: Afghanistan, Myanmar/Bangladesh (Rohingya crisis), Colombia, Guinea, Iraq (UK), Nigeria, Palestine, Philippines, Ukraine, Venezuela. Convicted by the ICC: Thomas Lubanga (Dem. Rep. of Congo), Germain Katanga (Dem. Rep. of Congo), Bosco Ntaganda (DR Congo), Ahmad Al- Faqi Al-Mahdi (Mali), and a few others for obstruction of justice. Some individuals convicted at trial have been acquitted on appeal. On trial at the ICC: Abdallah Banda Abakaer Nourain (Sudan), Dominic Ongwen (Uganda). Wanted for trial at the ICC: Omar al-Bashir (Sudan), Seif al-Islam Gaddafi (Libya), Joseph Kony (Uganda), and several others Laurent Gbagbo, former president of Côte d’Ivoire • In late 2017, the prosecutor requested permission to open a formal investigation into crimes committed in Afghanistan. The investigation would cover crimes by the Afghan government, the Taliban, and US authorities. -
Case Information Sheet
Case Information Sheet Situation in Darfur, Sudan ICC-PIDS-CIS-SUD-04-008/18_Eng The Prosecutor v. Abdallah Banda Abakaer Nourain Updated: July 2021 ICC-02/05-03/09 Abdallah Banda Abakaer Nourain (Abdallah Banda) Accused of three counts of war crimes committed in an attack against the African Union Peacekeeping Mission at the Haskanita Military Group Site in Darfur (Sudan). Trial opening vacated and arrest warrant issued to ensure the accused’s presence. Not in ICC custody. Date of birth: In or around 1963 Place of birth: Wai, Dar Kobe, North Darfur Tribe: Zaghawa Situation: Commander-in-Chief of the Justice and Equality Movement (JEM) Collective-Leadership, one of the components of the United Resistance Front Summons to appear: Issued under seal on 27 August 2009 | Unsealed on 15 June 2010 First voluntary appearance: 17 June 2010 Confirmation hearing: 8 December 2010 Decision on the confirmation of charges: 7 March 2011 Warrant of arrest: 11 September 2014 Opening of the Trial: Vacated Proceedings against Saleh Mohammed Jerbo Jamus were terminated by Trial Chamber IV on 4 October 2013 after receiving evidence pointing towards his death. 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. -
Darfur Destroyed Ethnic Cleansing by Government and Militia Forces in Western Sudan Summary
Human Rights Watch May 2004 Vol. 16, No. 6(A) DARFUR DESTROYED ETHNIC CLEANSING BY GOVERNMENT AND MILITIA FORCES IN WESTERN SUDAN SUMMARY.................................................................................................................................... 1 SUMMARY RECOMMENDATIONS.................................................................................... 3 BACKGROUND ......................................................................................................................... 5 ABUSES BY THE GOVERNMENT-JANJAWEED IN WEST DARFUR.................... 7 Mass Killings By the Government and Janjaweed............................................................... 8 Attacks and massacres in Dar Masalit ............................................................................... 8 Mass Executions of captured Fur men in Wadi Salih: 145 killed................................ 21 Other Mass Killings of Fur civilians in Wadi Salih........................................................ 23 Aerial bombardment of civilians ..........................................................................................24 Systematic Targeting of Marsali and Fur, Burnings of Marsalit Villages and Destruction of Food Stocks and Other Essential Items ..................................................26 Destruction of Mosques and Islamic Religious Articles............................................... 27 Killings and assault accompanying looting of property....................................................28 Rape and other forms -
S/PV.6778 Security Council Provisional Asdfsixty-Seventh Year 6778Th Meeting Tuesday, 5 June 2012, 10 A.M
United Nations S/PV.6778 Security Council Provisional asdfSixty-seventh year 6778th meeting Tuesday, 5 June 2012, 10 a.m. New York President: Mr. Li Baodong ....................................... (China) Members: Azerbaijan ........................................... Mr. Mehdiyev Colombia ............................................ Mr. Osorio France ............................................... Mr. Briens Germany ............................................. Mr. Wittig Guatemala ........................................... Mr. Rosenthal India ................................................ Mr. Hardeep Singh Puri Morocco ............................................. Mr. Bouchaara Pakistan ............................................. Mr. Tarar Portugal ............................................. Mr. Cabral Russian Federation ..................................... Mr. Karev South Africa . Mr. Mashabane Togo ................................................ Mr. Menan United Kingdom of Great Britain and Northern Ireland ........ Mr. McKell United States of America ................................ Mr. DeLaurentis Agenda Reports of the Secretary-General on the Sudan This record contains the text of speeches delivered in English and of the interpretation of speeches delivered in the other languages. The final text will be printed in the Official Records of the Security Council. Corrections should be submitted to the original languages only. They should be incorporated in a copy of the record and sent under the signature of a member of the -
IC C W Eek Ly U P D
ICC Weekly Update Weekly ICC ICC-PIDS-WU-38/10_Eng Situation in Darfur, Sudan In the situation in Darfur, Sudan, four cases are being heard: The Prosecutor v. Ahmad Muhammad Harun (Ahmad 21 June 2010 #38 2010 21 June 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; and The Prosecutor v. Abdallah Banda Abakaer Nourain (Banda) and Saleh Mohammed Jerbo Jamus (Jerbo). Three warrants of arrest have been issued by Pre-Trial Chamber I for Harun, Kushayb and Al Bashir for crimes against humanity and war crimes. The three suspects remain at large. A summons to appear was issued for Abu Garda who appeared voluntarily before the Chamber on 18 May, 2009. Abu Garda is not in the custody of the ICC. After the hearing of confirmation of charges, on 8 February, 2010, Pre-Trial Chamber I declined to confirm the charges. Two other summonses to appear were issued against Mr Banda and Mr Jerbo who appeared voluntarily on 17 June, 2010. New suspects in the situation in Darfur, Sudan arrive voluntarily at the ICC Abdallah Banda Abakaer Nourain (Banda) and Saleh Mohammed Jerbo Jamus (Jerbo), both suspected of having committed war crimes in Darfur, Sudan, arrived voluntarily at the International Criminal Court (ICC) following summonses to appear issued first under seal on 27 August, 2009, by Pre-Trial Chamber I. Both suspects stayed at the location assigned to them by the Court, until their first appearance before the Chamber, scheduled for 17 June, 2010, at 10:00 a.m.