File no. | 02/05 |
---|---|
Referred by | UN Security Council |
Date referred | 31 March 2005 |
Date opened | 6 June 2005 |
Incident(s) | War in Darfur (Raids on Haskanita) |
Crimes | Genocide: · Causing serious bodily or mental harm · Deliberately inflicting conditions calculated to destroy · Killing members of the group 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 | In custody; trial ongoing |
Omar al-Bashir | Fugitive |
Bahar Abu Garda | Charges not confirmed |
Abdallah Banda | Case in pre-trial stage |
Saleh Jerbo | Case dropped due to death [1] |
Abdel Rahim Mohammed Hussein | Fugitive |
War in Darfur |
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Combatants |
Other articles |
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. [2] As of June 2019 [update] , five suspects remained under indictment by the court: Ahmed Haroun, Ali Kushayb, Omar al-Bashir, Abdallah Banda and Abdel Rahim Mohammed Hussein. [3] [4] Charges against Bahar Abu Garda were dropped on the basis of insufficient evidence in 2010 [5] and those against Saleh Jerbo were dropped following his death in 2013. [1] In mid-April 2019, Haroun, al-Bashir and Hussein were imprisoned in Sudan as a result of the 2019 Sudanese coup d'état. [6] [7] In early November 2019, the Forces of Freedom and Change (FFC) and Sudanese Prime Minister Abdalla Hamdok stated that al-Bashir would be transferred to the ICC. [8] [9] One of the demands of the displaced people of Darfur visited by Hamdok prior to Hamdok's statement was that "Omar Al Bashir and the other wanted persons" had to be surrendered to the ICC. [10]
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. [11] 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 at the time, denied that his government had links to Janjaweed. [11]
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. [12] 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. [12]
The Prosecutor, Luis Moreno Ocampo, formally opened an investigation on 6 June 2005. [2]
As of June 2019 [update] , five people remained under ICC indictment for genocide, crimes against humanity and war crimes. Among these, Haroun, al-Bashir, and Hussein were held in detention by Sudanese authorities, with an international legal obligation of either being transferred to the ICC or of being prosecuted for the same charges in Sudan under appropriate legal procedures. [3] [7]
Charges against Bahr Idriss Abu Garda were dropped in late 2009 and the Prosecutor's appeal against this was rejected on 23 April 2010. [5] Evidence for Saleh Jerbo having died on 19 April 2013 was accepted by the court and the case against him was closed without prejudice. [1]
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. Haroun and Kushayb were charged with the total of 51 counts of war crimes and crimes against humanity against the Fur people. [13] [14]
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. [13] [14] 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. [13] [14] 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 | 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) |
As of June 2019 [update] , Haroun was held in detention by Sudanese authorities. [3] [7] Kushayb was located in Rahad el-Berdi in South Darfur in December 2017, where he was accused by Salamat tribe leaders of an attempted murder. [15] On June 9, 2020, Kushayb was taken into custody by the International Criminal Court in The Hague. [16] His trial began on April 5, 2022. [17]
Omar al-Bashir was President of Sudan from June 1989 to April 2019. He was indicted on 4 March 2009 with five counts of crimes against humanity and two counts of war crimes: [18]
On 12 July 2010 he was additionally charged with three counts of genocide: [19]
As of June 2019 [update] , al-Bashir was held in detention by Sudanese authorities. [3] [7] In August 2020, Prime Minister Abdalla Hamdok stated that the government was willing to cooperate with the ICC in the trial of al-Bashir. [20] As of May 2022 [update] , al-Bashir was still at large, and not within ICC custody. [21]
As of June 2019 [update] , Abdallah Banda, Commander-in-Chief of the Justice and Equality Movement (JEM), remained a fugitive, indicted by the ICC. [3]
Abdel Rahim Mohammed Hussein, former Governor of Khartoum State, indicted by the ICC, was imprisoned in Sudan in late April 2019 following the 2019 Sudanese coup d'état. [6] [3] [7]
On 21 January 2020, in the Darfur track of the 2019–2020 component of Sudanese peace process negotiations, the Sudan Revolutionary Front (SRF) and Sovereignty Council representatives agreed on the creation in the Sudanese legal system of a Darfur war crimes court to be created in the Sudanese legal system for trying Darfur war crimes and crimes against humanity suspects. The SRF and the Sovereignty Council agreed to create a commission that would establish the court. [22] [23]
Omar Hassan Ahmad al-Bashir is a Sudanese former military officer and politician who served as Sudan's head of state under various titles from 1989 until 2019, when he was deposed in a coup d'état. He was subsequently incarcerated, tried and convicted on multiple corruption charges. He came to power in 1989 when, as a brigadier general in the Sudanese Army, he led a group of officers in a military coup that ousted the democratically elected government of prime minister Sadiq al-Mahdi after it began negotiations with rebels in the south; he subsequently replaced President Ahmed al-Mirghani as head of state. He was elected three times as president in elections that have been under scrutiny for electoral fraud. In 1992, al-Bashir founded the National Congress Party, which remained the dominant political party in the country until 2019. In March 2009, al-Bashir became the first sitting head of state to be indicted by the International Criminal Court (ICC), for allegedly directing a campaign of mass killing, rape, and pillage against civilians in Darfur. On 11 February 2020, the Government of Sudan announced that it had agreed to hand over al-Bashir to the ICC for trial.
Ali Osman Mohammed Taha is a Sudanese politician who was First Vice President of Sudan from July 2011 to December 2013. Previously he was Minister of Foreign Affairs from 1993 to 1995, First Vice President from 1995 to January 2005, and Second Vice President from August 2005 to July 2011. He is a member of the National Congress Party.
The Justice and Equality Movement is an opposition group in Sudan founded by Khalil Ibrahim. Gibril Ibrahim has led the group since January 2012 after the death of Khalil, his brother, in December 2011. The JEM supported the removal of President of Sudan, Omar al-Bashir and nation-wide government reform.
The National Congress Party was a major political party of ousted President Omar Al-Bashir, it dominated domestic politics in Sudan from its foundation until it was dissolved following the Sudanese Revolution.
Abdel Rahim Mohammed Hussein is a Sudanese politician and the former Governor of Khartoum State. Hussein served as the longstanding Minister of National Defense of The Republic of Sudan. Hussein also served for a period as the Minister of Interior Affairs. During his term as Minister of Interior Affairs, he opened the Rabat University. Hussein was arrested in early April 2019 following a coup on 11 April which overthrew al-Bashir.
The International Criminal Court has opened investigations in Afghanistan, the Central African Republic, Côte d'Ivoire, Darfur in Sudan, the Democratic Republic of the Congo, Kenya, Libya, Uganda, Bangladesh/Myanmar, Palestine, the Philippines, and Venezuela. Additionally, the Office of the Prosecutor conducted preliminary examinations in situations in Bolivia, Colombia, Guinea, Iraq / the United Kingdom, Nigeria, Georgia, Honduras, South Korea, Ukraine and Venezuela. Preliminary investigations were closed in Gabon; Honduras; registered vessels of Comoros, Greece, and Cambodia; South Korea; and Colombia on events since 1 July 2002.
The War in Darfur, also nicknamed the Land Cruiser War, was a major armed conflict in the Darfur region of Sudan that began in February 2003 when the Sudan Liberation Movement (SLM) and the Justice and Equality Movement (JEM) rebel groups began fighting against the government of Sudan, which they accused of oppressing Darfur's non-Arab population. The government responded to attacks by carrying out a campaign of ethnic cleansing against Darfur's non-Arabs. This resulted in the death of hundreds of thousands of civilians and the indictment of Sudan's president, Omar al-Bashir, for genocide, war crimes, and crimes against humanity by the International Criminal Court.
The states parties to the Rome Statute of the International Criminal Court are those sovereign states that have ratified, or have otherwise become party to, the Rome Statute. The Rome Statute is the treaty that established the International Criminal Court, an international court that has jurisdiction over certain international crimes, including genocide, crimes against humanity, and war crimes that are committed by nationals of states parties or within the territory of states parties. States parties are legally obligated to co-operate with the Court when it requires, such as in arresting and transferring indicted persons or providing access to evidence and witnesses. States parties are entitled to participate and vote in proceedings of the Assembly of States Parties, which is the Court's governing body. Such proceedings include the election of such officials as judges and the Prosecutor, the approval of the Court's budget, and the adoption of amendments to the Rome Statute.
While there is a consensus in the international community that ethnic groups have been targeted in Darfur and that crimes against humanity have therefore occurred, there has been debate in some quarters about whether genocide has taken place there. In May 2006, the International Commission of Inquiry on Darfur organized by United Nations "concluded that the Government of the Sudan has not pursued a policy of genocide ... [though] international offences such as the crimes against humanity and war crimes that have been committed in Darfur may be more serious and heinous than genocide." Eric Reeves, a researcher and frequent commentator on Darfur, has questioned the methodology of the commission's report.
United Nations Security Council Resolution 1593, adopted on 31 March 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 (ICC) and required Sudan to co-operate fully. It marked the first time the council had referred a situation to the court, and also compelled a country to co-operate with it.
Ahmed Mohammed Haroun is one of five Sudanese men wanted by the International Criminal Court (ICC) for war crimes and crimes against humanity in Darfur. Despite international pressure on the government of Sudan to surrender him to the ICC, Haroun served as Sudan's Minister of State for Humanitarian Affairs until May 2009, when he was appointed to the governorship of South Kordofan. In September 2007, he was appointed to lead an investigation into human rights violations in Darfur. In July 2013 he resigned as Governor of South Kordofan, and was reappointed by Omar al-Bashir as Governor of North Kordofan. On 1 March 2019, President Omar al-Bashir handed over the running of the country's leading political party, the National Congress, to him. He was arrested in April 2019 by local authorities in Sudan following a coup which overthrew al-Bashir.
Ali Muhammad Ali Abd-Al-Rahman, commonly known as Ali Kushayb, is a senior Janjaweed commander who supported the Sudanese government against Darfur rebel groups during the Omar al-Bashir presidency. He was indicted by the International Criminal Court (ICC) for war crimes. He was known as aqid al oqada and was active in Wadi Salih, West Darfur.
The International Commission of Inquiry on Darfur was established pursuant to United Nations Security Council Resolution 1564 (2004), adopted on 18 September 2004. The resolution, passed under Chapter VII of the United Nations Charter, urged the Secretary-General to set up an international commission to investigate human rights violations committed in Darfur. The following month, the Secretary-General appointed a five-member panel of highly regarded legal experts: chairperson Antonio Cassese, Mohammed Fayek, Hina Jilani, Dumisa Ntsebeza and Thérèse Striggner Scott.
Luis Moreno Ocampo is an Argentine lawyer who served as the first prosecutor of the International Criminal Court (ICC) from 2003 to 2012. Previously, he had played a major role in Argentina's democratic transition (1983–1991).
The International Criminal Court investigation in the Democratic Republic of the Congo or the situation in the Democratic Republic of the Congo is an ongoing investigation by the International Criminal Court (ICC) into crimes committed in the Democratic Republic of the Congo (DRC) during the Second Congo War and its aftermath, including the Ituri and Kivu conflicts. The war started in 1998 and despite a peace agreement between combatants in 2003, conflict continued in the eastern parts of the country for several years. In April 2004 the government of the DRC formally referred the situation in the Congo to the International Criminal Court, and in June 2004, prosecutor Luis Moreno Ocampo, formally opened an investigation. To date, arrest warrants have been issued for:
Throughout the ongoing Darfur genocide in the Darfur war there has been a systematic campaign of rape, which has been used as a weapon of war, in the ethnic cleansing of black Africans from the region. The majority of rapes have been carried out by the Sudanese government forces and the Janjaweed paramilitary groups. The actions of the Janjaweed have been described as genocidal rape, with not just women, but children also being raped, as well as babies being bludgeoned to death and the sexual mutilation of victims being commonplace.
The Darfur genocide was the systematic killing of ethnic Darfuri people during the War in Darfur. The genocide, which was carried out against the Fur, Masalit and Zaghawa ethnic groups, led the International Criminal Court (ICC) to indict several people for crimes against humanity, rape, forced transfer and torture. An estimated 200,000 people were killed between 2003 and 2005.
The Sudanese National Human Rights Commission has been headed by Hurriya Ismail, appointed by former president Omar al-Bashir, since March 2018 or earlier and continued under her leadership during the 2019 Sudanese transition to democracy.
The following lists events that happened during 2020 in Sudan.