identifier: ICC-02/05-01/09 (Second Warrant of Arrest for Omar Hassan Ahmad Al Bashir)

title: Second Warrant of Arrest for Omar Hassan Ahmad Al Bashir

text: the Statute

text: the Statute, article 19

text: the Statute, article 25

text: Rome Statute, article 58

text: the Statute, article 6

text: Original: English No.: ICC-02/05-01/09 Date: 12 July 2010

text: PRE-TRIAL CHAMBER I

text: Before: Judge Sylvia Steiner, Presiding Judge Judge Sanji Mmasenono Monageng Judge Cuno Tarfusser

text: SITUATION IN DAFÜR, SUDAN IN THE CASE OF THE PROSECUTOR v. OMAR HASSAN AHMAD AL BASHIR ("OMAR AL BASHIR")

text: Public Document Second Warrant of Arrest for Omar Hassan Ahmad Al Bashir

text: July 2010

text: 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 Mr Luis Moreno Ocampo, Prosecutor Mr Essa Faal, Senior Trial Lawyer

text: Legal Representatives of Victims Legal Representatives of Applicants Mr Nicholas Kaufman Ms Wanda M. Akin Mr Raymond M. Brown

text: Unrepresented Victims Unrepresented Applicants for Participation/Reparation

text: The Office of Public Counsel for The Office of Public Counsel for the Victims Defence Ms Paolina Massidda Mr Xavier-Jean Keïta

text: States' Representatives Amicus Curiae

text: REGISTRY Registrar Defence Support Section Ms Silvana Arbia Mr Didier Preira

text: Victims and Witnesses Unit Detention Section

text: Victims Participation and Reparations Other Section Ms Fiona McKay

text: July 2010

text: PRE-TRIAL CHAMBER I of the International Criminal Court ("Chamber" and "Court" respectively);

text: HAVING EXAMINED the "Prosecution's AppUcation under Article 58" ("Prosecution's Application"), filed by the Prosecution on 14 July 2008 in the record of the situation in Darfur, Sudan ("Darfur situation") requesting the issuance of a warrant for the arrest of Omar Hassan Ahmad Al Bashir (hereinafter referred to as "Omar Al Bashir") for genocide, crimes against humanity and war crimes;^

text: HAVING EXAMINED the supporting material and other information submitted by the Prosecution;2

text: NOTING the "Decision on the Prosecution's Application for a Warrant of Arrest against Omar Hassan Ahmad Al Bashir" ("First Decision")^ issued on 4 March 2009, in which the Chamber decided: (i) to issue a warrant of arrest against Omar Al Bashir for his alleged responsibility under

text: article 25

text: (3)(a) of

text: the Statute

text: for the crimes against humanity and war crimes alleged by the Prosecution;^ and (ii) not to include the counts of genocide listed in the Prosecution's Application— genocide by killing (count 1); genocide by causing serious bodily or mental harm (count 2); and genocide by deliberately inflicting conditions of life calculated to bring about the group's physical destruction (count 3) —among the crimes with respect to which the warrant of arrest was issued;5

text: 1 ICC-02/05-151-US-Exp; ICC-02/05-151-US-Exp-Anxsl-89; Corrigendum ICC-02/05-151-US-Exp-Corr and Corrigendum ICC-02/05-151-US-Exp-Corr-Anxsl & 2; and Public redacted version ICC-02/05-157 and ICC-02/05-157-AnxA. 2 ICC-02/05-161 and ICC-02/05-161-Conf-AnxsA-J; ICC-02/05-179 and ICC-02/05-179-Conf-Exp-Anxsl- 5; ICC-02/05-183-US-Exp and ICC-02/05-183-Conf-Exp-AnxsA-E. 3 ICC-02/05-01/09-3. 4 ICC-02/05-01/09-3, page 92. 5 Judge Anita Usacka partly dissenting. No. ICC-02/05-01/09 3/9 12 July 2010

text: N O T I N G the "Judgment on the Appeal of the Prosecutor against the 'Decision on the Prosecution's Application for a Warrant of Arrest against Omar Hassan Ahmad Al Bashir'" ("Appeals Decision") dated 3 February 2010,^ in which the Appeals Chamber reversed the First Decision to the extent that the Chamber "decided not to issue a warrant of arrest in respect of the crime of genocide in view of an erroneous standard of proof(...)",7 and decided not to consider the substance of the matter» remanding it to the Pre-Trial Chamber "for a new decision, using the correct standard of proof" ;^

text: N O T I N G the "Second Decision on the Prosecution's Application for a Warrant of Arrest",^^ ("Second Decision") in which the Chamber held that it was satisfied that there were reasonable grounds to believe that Omar Al Bashir was criminally responsible under

text: article 25

text: (3)(a) of

text: the Statute

text: as an indirect perpetrator, or as an indirect co-perpetrator, for the charges of genocide under

text: article 6

text: (a), 6 (b) and 6 (c) of

text: the Statute

text: , which were found in that decision to have been committed by the GoS forces as part of the GoS counter-insurgency campaign, and that his arrest appeared to be necessary under

text: article 58

text: (1 )(b) of the

text: Rome Statute

text: the Statute

text: N O T I N G

text: articles 19

text: and

text: of

text: the Statute

text: CONSIDERING that, on the basis of the material provided by the Prosecution in support of the Prosecution's Application and without prejudice to any subsequent determination that may be made under

text: article 19

text: of

text: the Statute

text: , the case against Omar Al Bashir falls within the jurisdiction of the Court;"

text: . 7

text: , page 3. 8

text: , para. 42. 9 Ibid. 10

text: . 11 As found by the Chamber in the First Decision, see ICC-02/05-01/09-3, paras. 35-45, and reiterated in the Second Decision, para. 41. No. ICC-02/05-01/09 4/9 12 July 2010

text: CONSIDERING that, on the basis of the material provided by the Prosecution in support of the Prosecution's Application, there is no ostensible cause or self-evident factor to impel the Chamber to exercise its discretion under

text: article 19

text: (1) of

text: the Statute

text: to determine at this stage the admissibility of the case against Omar Al Bashir;^2

text: CONSIDERING that there are reasonable grounds to believe: (i) that soon after the attack on El Fasher airport in April 2003, the Government of Sudan ("GoS") issued a general call for the mobilisation of the Janjaweed Militia in response to the activities of the SLM/A, the JEM and other armed opposition groups in Darfur, and thereafter conducted, through GoS forces, including the Sudanese Armed Forces and their allied Janjaweed Militia, the Sudanese Police Force, the National Intelligence and Security Service ("the NISS") and the Humanitarian Aid Commission ("the HAC"), a counter-insurgency campaign throughout the Darfur region against the said armed opposition groups; and (ii) that the counter-insurgency campaign continued until the date of the filing of the Prosecution Application on 14 July 2008;

text: CONSIDERING that there are reasonable grounds to believe: (i) that a core component of the GoS counter-insurgency campaign was the unlawful attack on that part of the civilian population of Darfur - belonging largely to the Fur, Masalit and Zaghawa groups - perceived by the GoS as being close to the SLM/A, the JEM and the other armed groups opposing the GoS in the ongoing armed conflict in Darfur; and (ii) that villages and towns targeted as part of the GoS's counter-insurgency campaign were selected on the basis of their ethnic composition and that towns and villages inhabited by other tribes, as well as rebel locations, were bypassed in order to attack towns and villages known to be inhabited by civilians belonging to the Fur, Masalit and Zaghawa ethnic groups;

text: CONSIDERING that there are reasonable grounds to believe that the attacks and acts of violence committed by GoS against a part of the Fur, Masalit and Zaghawa

text: 12 As found by the Chamber in the First Decision, see ICC-02/05-01/09-3, para. 51, and reiterated in the Second Decision, para. 41. No. ICC-02/05-01/09 5/9 12 July 2010 groups took place in the context of a manifest pattern of similar conduct directed

text: against the targeted groups as they were large in scale, systematic and followed a

text: similar pattern;

text: CONSIDERING that there are reasonable grounds to believe that, as part of the

text: Darfur and with knowledge of such attack, GoS forces subjected, throughout the

text: Darfur region, thousands of civilians, belonging primarily to the Fur, Masalit and

text: Zaghawa groups, to acts of murder and extermination;^3

text: CONSIDERING that there are reasonable grounds to believe, as well, that as part of

text: the GoS's unlawful attack on the above-mentioned part of the civilian population of

text: Darfur region, (i) thousands of civilian women, belonging primarily to the Fur,

text: Masalit and Zaghawa groups, to acts of rape; ^4 (ü) civilians belonging primarily to

text: the Fur, Masalit and Zaghawa groups, to acts of torture; ^^ and (iii) hundreds of

text: thousands of civilians, belonging primarily to the Fur, Masalit and Zaghawa groups,

text: to acts of forcible transfer;i6

text: 13 Including in inter alia (i) the towns of Kodoom, Bindisi, Mukjar and Arawala and surrounding villages in Wadi Salih, Mukjar and Garsila-Deleig localities in West Darfur between August and December 2003; (ii) the towns of Shattaya and Kailek in South Darfur in February and March 2004; (iii) between 89 and 92 mainly Zaghawa, Masalit and Misseriya Jebel towns and villages in Buram Locality in South Darfur between November 2005 and September 2006; (iv) the town of Muhajeriya in the Yasin locality in South Darfur on or about 8 October 2007; (v) the towns of Saraf Jidad, Abu Suruj, Sirba, Jebel Moon and Silea towns in Kulbus locality in West Darfur between January and February 2008; and (vi) Shegeg Karo and al-Ain areas in May 2008. 14 Including in inter alia (i) the towns of Bindisi and Arawala in West Darfur between August and December 2003; (ii) the town of Kailek in South Darfur in February and March 2004; and (iii) the towns of Sirba and Silea in Kulbus locality in West Darfur between January and February 2008. 15 Including in inter alia: (i) the town of Mukjar in West Darfur in August 2003; (ii) the town of Kailek in South Darfur in March 2004; and (iii) the town of Jebel Moon in Kulbus locality in West Darfur in February 2008. 16 Including in inter alia (i) the towns of Kodoom, Bindisi, Mukjar and Arawala and surrounding villages in Wadi Salih, Mukjar and Garsila-Deleig localities in West Darfur between August and December 2003; (ii) the towns of Shattaya and Kailek in South Darfur in February and March 2004; (iii) between 89 and 92 mainly Zaghawa, Masalit and Misseriya Jebel towns and villages in Buram Locality in South Darfur between November 2005 and September 2006; (iv) the town of Muhajeriya in the Yasin locality in South Darfur on or about 8 October 2007; and (v) the towns of Saraf Jidad, Abu Suruj,

text: No. ICC-02/05-01/09 6/9 12 July 2010

text: CONSIDERING that that there are also reasonable grounds to believe that in

text: furtherance of the genocidal policy, as part of the GoS's unlawful attack on the

text: above-mentioned part of the civilian population of Darfur and with knowledge of

text: such attack, GoS forces throughout the Darfur region (i) at times, contamined the

text: wells and water pumps of the towns and villages primarily inhabited by members of

text: the Fur, Masalit and Zaghawa groups that they attacked;i7 (ii) subjected hundreds of

text: thousands of civilians belonging primarily to the Fur, Masalit and Zaghawa groups

text: to acts of forcible transfer;^^ and (iii) encouraged members of other tribes, which were

text: allied with the GoS, to resettle in the villages and lands previously mainly inhabited

text: by members of the Fur, Masalit and Zaghawa groups;i9

text: CONSIDERING therefore that there are reasonable grounds to believe that, from

text: soon after the April 2003 attack on El Fasher airport at least until the date of the

text: Prosecution's Application, GoS forces, including the Sudanese Armed Forces and

text: their allied Janjaweed Militia, the Sudanese Police Force, the NISS and the HAC,

text: committed the crimes of genocide by killing, genocide by causing serious bodily or

text: mental harm and genocide by deliberately inflicting conditions of life calculated to

text: bring about physical destruction, within the meaning of article 6 (a), (b) and (c)

text: respectively of

text: the Statute

text: , against part of the Fur, Masalit and Zaghawa ethnic

text: groups;

text: Sirba, Jebel Moon and Silea towns in Kulbus locality in West Darfur between January and February 2008. 17 Physicians for H u m a n Rights, Report, Darfur Assault on Survival, A call for Security, Justice, and Restitution (Anx J44) DAR-OTP-0119-0635 at 0679 which mentions three incidents of destruction of water sources. 18 UN Security Council Press release, 22 April 2008 (Anx J38) DAR-OTP-0147-0859 at 0860; UN Security Council 5872 meeting, 22 April 2008 (Anx J52) DAR-OTP-0147-1057 at 1061; UNCOI Material, (Anx J72) DAR-OTP-0038-0060 at 0065; Commission of Inquiry into allegations surrounding human rights violations committed by armed groups in the States of Darfur, January 2005, Reviewed, Volume 2 (Anx 52) DAR-OTP-0116-0568 at 0604; United Nations Inter-agency Report, 25 April 2004 (Anx J63) DAR-OTP-0030-0066 at 0067; Third periodic report of the United Nations High Commissioner for Human Rights on the human rights situation in the Sudan, April 2006 (Anx J75) DAR-OTP-0108-0562 at 0570-0572, paras. 27, 35, 39, 44; United Nation Human Rights Council, Report on Human Rights Situations that require the Council's attention (A/HRC/6/19) (Anx 78) at D AR-OTP-013 8-0116 at 0145- 0146; HRW Report, They Shot at Us as We Fled, 18 May 2008, (Anx 80) DAR-OTP-0143-0273 at 0300, 0291-0296; Ninth periodic report of the United Nations High Commissioner for Human Rights. Sudan (Anx J76) DAR-OTP-0136-0369 at 0372-0374. 19 Witness statement (AnxJ47) DAR-OTP-0125-0665 at 0716, para.255. No. ICC-02/05-01/09 7/9 12 July 2010

text: CONSIDERING that there are reasonable grounds to believe that Omar Al Bashir has been the de jure and de facto President of the Republic of the Sudan and Commander-in-Chief of the Sudanese Armed Forces from March 2003 until at least the date of the Prosecution's Application 14 July 2008, and that, in that position, he played an essential role in coordinating, with other high-ranking Sudanese political and military leaders, the design and implementation of the above-mentioned GoS counter-insurgency campaign;

text: CONSIDERING, further, that the Chamber finds, in the alternative, that there are reasonable grounds to believe: (i) that the role of Omar Al Bashir went beyond coordinating the design and implementation of the common plan; (ii) that he was in full control of all branches of the "apparatus" of the Republic of the Sudan, including the Sudanese Armed Forces and their allied Janjaweed Militia, the Sudanese Police Force, the NISS and the HAC; and (iii) that he used such control to secure the implementation of the common plan;

text: CONSIDERING that, on the basis of the standard of proof as identified by the Appeals Chamber, there are reasonable grounds to believe that Omar Al Bashir acted with dolus specialis I speciiic intent to destroy in part the Fur, Masalit and Zaghawa ethnic groups;

text: CONSIDERING that, for the above reasons, there are reasonable grounds to believe that Omar Al Bashir is criminally responsible as an indirect perpetrator, or as an indirect co-perpetrator, under

text: article 25

text: (3)(a) of

text: the Statute

text: , for:

text: i. Genocide by killing, within the meaning of

text: article 6

text: (a) of

text: the Statute

text: ; ii. Genocide by causing serious bodily or mental harm, within the meaning of

text: article 6

text: (b) of

text: the Statute

text: ; and iii. Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction, within the meaning of

text: article 6

text: (c) of

text: the Statute

text: No. ICC-02/05-01/09 8/9 12 July 2010

text: CONSIDERING that, under

text: article 58

text: (1) of

text: the Statute

text: , the arrest of Omar Al Bashir appears necessary at this stage to ensure (i) that he will appear before the Court; (ii) that he will not obstruct or endanger the ongoing investigation into the crimes for which he is allegedly responsible under

text: the Statute

text: ; and (iii) that he will not continue with the commission of the above-mentioned crimes; FOR THESE REASONS, HEREBY ISSUES: A WARRANT OF ARREST for OMAR AL BASHIR, a male, who is a national of the Republic of the Sudan, born on 1 January 1944 in Hoshe Bannaga, Shendi Governorate, in the Sudan, member of the Jaali tribe of Northern Sudan, President of the Republic of the Sudan since his appointment by the RCC-NS on 16 October 1993 and elected as such successively since 1 April 1996 and whose name is also spelt Omar al-Bashir, Omer Hassan Ahmed El Bashire, Omar al-Bashir, Omar al-Beshir, Omar el-Bashir, Omer Albasheer, Omar Elbashir and Omar Hassan Ahmad el-Béshir. Done in English, Arabic and French, the English being authoritative.

text: Judg?"Sylvia Steiner Presiding Judge

text: Judge Sanji Mmasenono Monageng Judge Cuno Tarfusser

text: Dated this Monday 12 July 2010 At The Hague, The Netherlands

text: July 2010

type: avgorande


court: icc

doctype: arrest-warrant

identifier: ICC-02/05-01/12 (Warrant of Arrest for Abdel Raheem Muhammad Hussein)

caseName: The Prosecutor v. Abdel Raheem Muhammad Hussein

chamber: Pre-Trial Chamber I

decisionType: arrest-warrant

publisher: International Criminal Court

text: Rome Statute

text: the Statute, article 19

text: the Statute, article 25

text: the Statute, article 58

text: the Statute, article 7

text: the Statute, article 8

text: Cour Pénale Internationale

type: stycke

text: International < ^ N >

text: Criminal Court

text: Original: English No.: ICC-02/05-01/12 Date: 1 March 2012

text: PRE-TRIAL CHAMBER I

type: rubrik

text: Before: Judge Sanji Mmasenono Monageng, Presiding Judge Judge Sylvia Steiner Judge Cuno Tarfusser

text: THE SITUATION IN DARFUR, THE SUDAN IN THE CASE OF THE PROSECUTOR V. ABDEL RAHEEM MUHAMMAD HUSSEIN Public Document Warrant of Arrest for Abdel Raheem Muhammad Hussein

text: No. ICC-02/05-01/12 1/11 1 March 2012

text: Decision to be notified, in accordance with Regulation 31 of the Regidations of the Court, to: The Office of the Prosecutor Counsel for the Defence Mr Luis Moreno-Ocampo, Prosecutor Ms Fatou Bensouda, Deputy Prosecutor Legal Representatives of Victims Legal Representatives of Applicants

text: Unrepresented Victims Unrepresented Applicants for Participation/Reparation

text: The Office of Public Counsel for The Office of Public Counsel for the Victims Defence

text: States Representatives Amicus Curiae

text: REGISTRY Registrar Deputy Registrar Ms Silvana Arbia Mr Didier Preira Victims and Witnesses Unit Detention Section

text: Victims Participation and Reparations Others Section

text: No. ICC-02/05-01/12 2/11 1 March 2012

text: PRE-TRIAL CHAMBER I of the International Criminal Court ("Chamber" and "Court" respectively);

text: HAVING EXAMINED the "Prosecutor's Application under Article 58" ("the Prosecutor's Application"), ^ filed by the Prosecutor on 2 December 2011 in the record of the situation in Darfur, the Sudan ("the Darfur situation") requesting the issuance of a warrant for the arrest of Abdel Raheem Muhammad Hussein ("Mr Hussein") for crimes against humanity and war crimes;

text: HAVING EXAMINED the supporting material submitted by the Prosecutor;^

text: NOTING the "Decision on the Prosecutor's Application under article 58 relating to Abdel Raheem Muhammad Hussein"^ in which the Chamber held that it was satisfied that there are reasonable grounds to believe that Mr Hussein is criminally responsible under

text: article 25

text: (3)(a) of

text: the Statute

text: as an indirect co-perpetrator for war crimes and crimes against humanity and that his arrest appears to be necessary under

text: article 58

text: (l)(b) of

text: the Statute

text: NOTING articles 7, 8, 13(b), 19(1), 25(3)(a), 27, 58(1) and (2)(d) of the

text: Rome Statute

text: (the "Stählte");

text: CONSIDERING that, on the basis of the material provided by the Prosecutor in support of the Prosecutor's Application and without prejudice to any subsequent determination that may be made under

text: article 19

text: of

text: the Statute

text: , the case against Mr Hussein falls within the jurisdiction of the Court;

text: 1 ICC-02/05-237-US-Exp with Annexes; ICC-02/05-237-Red. 2 ICC-02/05-237-US-Exp, Annexes A & 1-3.46; ICC-02/05-240, Annexes A & B1-B28. 3ICC-02/05-01/12-l-Red. No. ICC-02/05-01/12 3/11 1 March 2012

text: CONSIDERING that, on the basis of the material provided by the Prosecutor in support of the Prosecutor's Application, there is no ostensible cause or self-evident factor to impel the Chamber to exercise its discretion under

text: article 19

text: (1) of

text: the Statute

text: to determine at this stage the admissibility of the case against Mr Hussein;

text: CONSIDERING that there are reasonable grounds to believe that from about August 2002 and at all times relevant to the Prosecutor's Application, a protracted armed conflict within the meaning of

text: article 8

text: (2)(f) of

text: the Statute

text: took place between the Sudanese armed forces along with the Militia/Janjaweed on the side of the Government of the Republic of the Sudan and organised rebel groups, including the Sudanese Liberation Movement/Army (SLM/A) and the Justice and Equality Movement (JEM) in Darfur, the Republic of the Sudan;

text: CONSIDERING that there are reasonable grounds to believe that the Sudanese armed forces and the Militia/Janjaweed, acting together as part of the counterinsurgency campaign, carried out several attacks on the towns of Kodoom, Bindisi, Mukjar, Arawala and surrounding areas over an extensive period of time running at least between 2003 and 2004;

text: CONSIDERING that there are reasonable grounds to believe that during these attacks, the war crimes of: murder contrary to

text: article 8

text: (2)(c)(i) of

text: the Statute

text: , rape contrary to

text: article 8

text: (2)(e)(vi) of

text: the Statute

text: , outrages upon personal dignity contrary to

text: article 8

text: (2)(c)(ii) of

text: the Statute

text: , attacks intentionally directed against the civilian population contrary to

text: article 8

text: (2)(e)(i) of

text: the Statute

text: , destruction of property contrary to

text: article 8

text: (2)(e)(xii) of

text: the Statute

text: and pillaging contrary to

text: article 8

text: (2)(e)(v) of

text: the Statute

text: were committed against

text: No. ICC-02/05-01/12 4/11 1 March 2012 the primarily Fur populations of the towns of Kodoom, Bindisi, Mukjar, Arawala and surrounding areas by the Sudanese armed forces and the Militia/Janjaweed;

text: CONSIDERING that there are reasonable grounds to believe that the attacks perpetrated by the Sudanese armed forces and/or the Militia/Janjaweed were committed in the context of a systematic and widespread attack pursuant to a State or organizational policy to attack the civilian population, belonging largely to the Fur, Masalit and Zaghawa groups, perceived as being associated with the rebels;

text: CONSIDERING that there are reasonable grounds to believe that, during these attacks, the crimes against humanity of: persecution contrary to

text: article 7

text: (l)(h) of

text: the Statute

text: , murder contrary to

text: article 7

text: (l)(a) of

text: the Statute

text: , forcible transfer contrary to

text: article 7

text: (l)(d) of

text: the Statute

text: , imprisonment or severe deprivation of liberty contrary to

text: article 7

text: (l)(e) of

text: the Statute

text: , torture contrary to

text: article 7

text: (l)(f) of

text: the Statute

text: , rape contrary to

text: article 7

text: (l)(g) of

text: the Statute

text: , and other inhumane acts contrary to

text: article 7

text: (l)(k) of

text: the Statute

text: , were committed against the primarily Fur populations of the towns of Kodoom, Bindisi, Mukjar, Arawala and surrounding areas by the Sudanese armed forces and the Militia/Janjaweed;

text: CONSIDERING that there are reasonable grounds to believe that a common plan was formulated at the highest levels of the Government of the Republic of the Sudan to carry out a counter-insurgency campaign against the SLM/A, the JEM and other armed groups opposing the Government, that a core component of the common plan was an unlawful attack on that part of the civilian population perceived by the Government of the Republic of the Sudan as being close to the rebel groups - belonging largely to the Fur, Masalit and Zaghawa groups - and that the alleged crimes were committed pursuant to the common plan;

text: No. ICC-02/05-01/12 5/11 1 March 2012

text: CONSIDERING that there are reasonable grounds to believe that, in his role as Minister of the Interior and Special Representative of the President in Darfur and as an influential member of the Government of the Republic of the Sudan, Mr Hussein made essential contributions to the formulation and implementation of the common plan, inter alia, through his overall coordination of national, state and local security entities and through the recruitment, arming and funding of the police forces and the Militia/Janjaweed in Darfur;

text: CONSIDERING that there are reasonable grounds to believe that Mr Hussein had knowledge of the crimes committed against the civilian population and that he intended that the alleged crimes be committed;

text: CONSIDERING that there are reasonable grounds to believe that Mr Hussein is criminally responsible under

text: article 25

text: (3)(a) of

text: the Statute

text: for the commission of the following crimes against humanity and war crimes, as presented in the Prosecutor's Application:

text: (i) Persecution constituting a crime against humanity under

text: article 7

text: (1) (h) of

text: the Statute

text: , namely (a) the persecution of the primarily Fur population of the Kodoom villages and surroimding areas in the Bundis Administrative Unit of Wadi Salih Locality in West Darfur by acts of murder, attacking the civilian population, destruction of property and forcible transfer, from on or about 15 August 2003 to on or about 31 August 2003, (b) persecution of the primarily Fur population of Bindisi town and surroimding areas in the Bimdis Administrative Unit of Wadi Salih Locality in West Darfur, by acts of murder, rape, attacking the civilian population, inhumane acts, pillaging, destruction of property and forcible transfer of the population, on or about 15 August 2003, (c) persecution of the primarily Fur population of Mukjar town and surrounding areas in the Mukjar Locality in West Darfur by acts of murder, attacking the civilian population, imprisonment or severe deprivation of liberty, torture. No. ICC-02/05-01/12 6/11 1 March 2012 pillaging and destruction of property, between August 2003 and March 2004, and (d) persecution of the primarily Fur population of Arawala town and surroimding areas in the Wadi Salih Locality in West Darfur, by acts of murder, rape, attacking the civilian population, outrages upon personal dignity, inhumane acts, pillaging, destruction of property and forcible transfer of the population, in or around December 2003; (ii) Murder constituting a crime against humanity under

text: article 7

text: (1) (a) of

text: the Statute

text: , namely (a) murder of civilians from the primarily Fur population of the Kodoom vUlages and surrounding areas in the Bundis Administrative Unit of Wadi Salih Locality in West Darfur, on or about 15 August 2003 and on or about 31 August 2003, (b) murder of civilians from the primarily Fur population of Bindisi town and surroimding areas in the Bundis Administrative Unit of Wadi Salih Locality in West Darfur, on or about 15 August 2003, (c) murder of men from fhe primarily Fur population of Mukjar town and surroimding areas, in the Mukjar Locality in West Darfur, between September 2003 and October 2003, in or around December 2003, and in or around March 2004, and (d) murder of civilians from the primarily Fur population of Arawala town and surrounding areas in the Wadi Salih Locality in West Darfur, in or aroimd December 2003; (iii) Murder constituting a war crime under

text: article 8

text: (2)(c)(i) of

text: the Statute

text: , namely (a) murder of civilians from the primarily Fur population of the Kodoom villages and surroimding areas, in the Bundis Administrative Unit of Wadi Salih Locality in West Darfur, on or about 15 August 2003 and on or about 31 August 2003, (b) murder of civilians from the primarily Fur population of Bindisi town and surroimding areas in the Bundis Administrative Unit of Wadi Salüi Locality in West Darfur, on or about 15 August 2003, (c) murder of men from fhe primarily Fur population of Mukjar town and surroimding areas, in the Mukjar Locality in West Darfur, between September 2003 and October 2003, in or around December 2003, and in or around March 2004, and (d) murder of civilians from the primarily Fur population of Arawala town and surrounding areas in the Wadi Salih Locality in West Darfur, in or around December 2003, while those civilians were taking no active part in hostilities; (iv) Attacks against the civilian population constituting a war crime under

text: article 8

text: (2)(e)(i) of

text: the Statute

text: , namely (a) the intentional directing of attacks against civilians from the primarily Fur population of the Kodoom villages and surrounding areas, in the Bundis Administrative Unit N o . ICC-02/05-01/12 7/11 1 M a r c h 2012 of Wadi Salih Locality in West Darfur, from on or about 15 August 2003 to on or about 31 August 2003, (b) the intentional directing of attacks against civilians from the primarily Fur population of Bindisi town and surrounding areas in the Bundis Administrative Unit of Wadi Salih Locality in West Darfur, on or about 15 August 2003, (c) the intentional directing of attacks against civilians from the primarily Fur population of Mukjar town and surrounding areas in the Mukjar Locality in West Darfur, between August 2003 and March 2004, and (d) the intentional directing of attacks against civilians from the primarily Fur population of Arawala town and surrounding areas in the Wadi Salüi Locality in West Darfur, in or aroimd December 2003; (v) Destruction of property constituting a war crime under

text: article 8

text: (2)(e)(xii) of

text: the Statute

text: , namely (a) from on or about 15 August 2003 to on or about 31 August 2003, the destruction of property belonging to the primarily Fur population of the Kodoom villages and surroimding areas in the Bundis Administrative Unit of Wadi Salih Locality in West Darfur, including the burning of houses in Kodoom Jureh, Kodoom Tineh, Kodoom Wosta and Kodoom Derliwa, (b) on or about 15 August 2003, the destruction of property belonging to the primarily Fur population of Bindisi town and surrounding areas in the Bundis Administrative Unit of Wadi Salih Locality in West Darfur, including the burning of food storages, the mosque and dwellings in the area, (c) between August 2003 and March 2004, the destruction of property belonging to the primarily Fur population of Mukjar town and surroimding areas in fhe Mukjar Locality in West Darfur, including the burning of dwellings and the destruction of crops and farms, and (d) in or around December 2003, the destruction of property belonging to the primarily Fur population of Arawala town and surrounding areas in the Wadi Salih Locality in West Darfur including the destruction of most of Arawala town; (vi) Forcible transfer constituting a crime against humanity under

text: article 7

text: (1)(d) of

text: the Statute

text: , namely (a) from on or about 15 August 2003 to on or about 31 August 2003, the forcible transfer of approximately 20,000 primarily Fur civilians from the Kodoom villages and surroimding areas in the Wadi Salih Locality in West Darfur to Bindisi town and other locations in the Wadi Salih Locality in West Darfur resulting in the desertion of the villages, (b) on and about 15 August 2003, the forcible transfer of approximately 34,000 primarily Fur civilians from Bindisi town and surrounding areas in the Wadi Salih Locality in West Darfur to Mukjar town and

text: N o . ICC-02/05-01/12 8/11 1 M a r c h 2012 other locations in the Wadi Salih Locality in West Darfur, resulting in the desertion of the town, (c) in or around December 2003, the forcible transfer of approximately 7,000 primarily Fur civilians from Arawala town and surrounding areas in the Wadi Salih Locality in West Darfur to the towns of Deleig, Garsila and other locations in the Wadi Salih Locality in West Darfur, resulting in the desertion of the town; (vii) Rape constituting a crime against humanity under

text: article 7

text: (1) (g) of

text: the Statute

text: , namely (a) on or about 15 August 2003, the rape of women and girls from the primarily Fur population of Bindisi town and surrounding areas, in the Bundis Administrative Unit of Wadi Salih Locality in West Darfur, and (b) in or around December 2003, the rape of women and girls from the primarily Fur population of Arawala town and surroimding areas in the Wadi Salih Locality in West Darfur; (viii) Rape constituting a war crime under

text: article 8

text: (2)(e)(vi) of

text: the Statute

text: , namely (a) on or about 15 August 2003, the rape of women and girls from the primarily Fur population of Bindisi town and surrounding areas in the Bimdis Administrative Unit of Wadi Salih Locality in West Darfur, and (b) in or around December 2003, fhe rape of women and girls from the primarily Fur population of Arawala town and surrounding areas in the Wadi Salih Locality in West Darfur; (ix) I n h u m a n e acts constituting a crime against humanity under

text: article 7

text: (1) (k) of

text: the Statute

text: , namely (a) on or about 15 August 2003, the inflicting of great suffering, serious injury to body or to mental or physical health by means of an inhumane act upon civilians from the primarily Fur population of Bindisi town and surroimding areas in the Bimdis Administrative Unit of Wadi Salih Locality in West Darfur, and (b) in or aroimd December 2003, the inflicting of great suffering, or serious injury to body or to mental or physical health by means of an inhumane act upon civilians from the primarily Fur population of Arawala town and surroimding areas in the Wadi Salih Locality in West Darfur; (x) Pillaging constituting a war crime under

text: article 8

text: (2)(e)(v) of

text: the Statute

text: , namely (a) on or about 15 August 2003, the pillaging of property belonging to the primarily Fur population of Bindisi town and surrounding areas in the Bundis Administrative Unit of Wadi Salih Locality in West Darfur, including the pillaging of household property, (b) between August 2003 and March 2004, the pillaging of property belonging to the primarily Fur

text: N o . ICC-02/05-01/12 9/11 1 M a r c h 2012 population of Mukjar town and surroimding areas in the Mukjar Locality in West Darfur, including the pulaging of shops, houses and livestock, (c) in or around December 2003, the pillaging of property belonging to the primarily Fur population of Arawala town and surroimding areas in the Wadi Salih Locality in West Darfur, including the pillaging of stores, houses and livestock; (xi) Imprisonment or severe deprivation of liberty constituting a crime against hxunanity under

text: article 7

text: (1) (e) of

text: the Statute

text: , namely the imprisonment or severe deprivation of physical liberty of at least 400 civilians from the primarily Fur population of Mukjar town and surrounding areas in the Mukjar Locality in West Darfur, beginning in or around August 2003; (xii) Torture constituting a crime against humanity under

text: article 7

text: (1) (f) of

text: the Statute

text: , namely the torture of at least 60 civilians from the primarily Fur population of Mukjar town and surrounding areas in the Mukjar Locality in West Darfur, beginning in or aroimd August 2003; and (xiii) Outrage upon personal dignity constituting a war crime under

text: article 8

text: (2)(c)(ii) of

text: the Statute

text: , namely the violation of the dignity of women and girls from the primarily Fur population of Arawala town and surrounding areas in the Wadi Salih Locality in West Darfur, in or around December 2003.

text: CONSIDERING that, at this stage, the arrest of Mr Hussein appears to be necessary, within the meaning of

text: article 58

text: (l)(b)(i) and (ii) of

text: the Statute

text: , to ensure his appearance at trial and to ensure that he will not obstruct or endanger the investigations;

text: N o . ICC-02/05-01/12 10/11 1 M a r c h 2012

text: FOR THESE REASONS, HEREBY ISSUES: A WARRANT OF ARREST for Abdel Raheem Muhammad Hussein, a Sudanese citizen over sixty years old, believed to have been born in or around Dankla in Karma city in North Khartoum, who at the time relevant to the alleged crimes, served as Minister of the Interior of the Government of the Republic of the Sudan and the President's Special Representative in Darfur, and who, was appointed as Minister of National Defence in 2005, a position which he continued to hold at the time of the Prosecutor's Application.

text: Done in English and French, the English version being authoritative.

text: Judge Sanji Mmasenono Monageng Presiding Judge

text: 4 JÜÜ^-^A^^—Ajs>>^

text: Dated this Thursday, 1 March 2012 At The Hague, The Netherlands

text: No. ICC-02/05-01/12 11/11 1 March 2012