doctype: arrest-warrant

identifier: ICC-02/04-01/15 (Decision on the prosecutor's application for the warrants of arrest under Article 58)

decisionType: arrest-warrant

text: the Statute

text: the Statute, article 42

text: the Statute, article 54

text: the Statute, article 58

text: the Statute, article 68

text: the Statute, article 87

text: the Statute, article 89

text: the Statute, article 91

text: Cour Pénale No. !cc-o2/o4

text: Internationale International Criminal

text: Court

text: PRE-TRIAL CHAMBER II

text: Before: Judge Tuiloma Neroni Slade Judge Mauro Politi Judge Fatoumata Dembele Diarra

text: Registrar: Mr Bruno Cathala

text: SITUATION IN UGANDA Under Seal Ex Parte, Prosecutor Only DECISION ON THE PROSECUTOR'S APPLICATION FOR WARRANTS OF ARREST UNDER ARTICLE 58

text: The Office of the Prosecutor Mr Luis Moreno Ocampo, Prosecutor Ms Fatou Bensouda, Deputy Prosecutor Ms Christine Chung, Senior Trial Lawyer Mr Eric MacDonald, Trial Lawyer

text: No.: ICC-02/04 8 July 2005

text: PRE-TRIAL CHAMBER II (the "Chamber") of the International Criminal Court (the "Court"), sitting as the full Chamber pursuant to its decision on the 18th day of May 2005, to which, on the 5th day of July 2004, the Presidency assigned the situation in Uganda pursuant to regulation 46 of the Regulations of the Court (the "Regulations");

text: HAVING RECEIVED the "Prosecutor's application for Warrants of Arrest under Article 58" dated the 6th day of May 2005, as amended and supplemented by the Prosecutor on the 13th day of May 2005 and on the 18th day of May 2005 (the "Prosecutor's application"), and having considered it on the basis of the amended application dated the 18th day of May 2005;

text: NOTING the Prosecutor's request to be authorised to exceed the 50-page limit for his application for the issuance of warrants of arrest and the Chamber's decision on the 18th day of May 2005 granting the request;

text: NOTING that the Prosecutor's application seeks warrants of arrest for Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen, for some or all of the crimes listed under Counts 1 to 33 as set out in the Prosecutor's application;

text: BEING SATISFIED that, based upon the application, the evidence and other information submitted by the Prosecutor, and without prejudice to subsequent determination, the case against Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen falls within the jurisdiction of the Court and appears to be admissible;

text: No.: ICC-02/04 8 July 2005

text: BEING SATISFIED that, based upon the application, the evidence and other information submitted by the Prosecutor, there are reasonable grounds to believe that Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen committed crimes within the jurisdiction of the Court and that their arrests appear to be necessary under

text: article 58

text: , paragraph l(b), of

text: the Statute

text: of the Court (the "Statute");

text: HAVING DECIDED to grant the Prosecutor's application for the issuance of warrants of arrest for Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen (the "Warrants");

text: NOTING

text: article 91

text: , paragraph 2 (b), of

text: the Statute

text: , which provides that the request for arrest and surrender shall contain or be supported by a copy of the warrant of arrest;

text: NOTING the Prosecutor's request that the Office of the Prosecutor be permitted to transmit the Warrants and the requests for arrest and surrender relating thereto (the "Requests") to the relevant States parties and States not party to

text: the Statute

text: , and the reasons and concerns submitted by the Prosecutor in support of his request;

text: NOTING that the Prosecutor invokes rule 176, sub-rule 2, of the Rules of Procedure and Evidence (the "Rules") as the basis for his request to transmit the Warrants and the Requests;

text: No.: ICC-02/04 8 July 2005

text: NOTING the reasons and concerns submitted by the Prosecutor during the hearing held before the Chamber on the 16th day of June 2005, in support of his request to transmit the Warrants and the Requests;

text: NOTING the authorities cited during the hearing held on the 16th day of June 2005 and submitted by the Prosecutor on the 17th day of June 2005, and having examined such authorities;

text: NOTING that

text: articles 87

text: and

text: of

text: the Statute

text: provide, respectively, that a request for cooperation may be made and that a request for arrest and surrender may be transmitted by the "Court";

text: CONSIDERING that, pursuant to

text: article 87

text: of

text: the Statute

text: , the Chamber, as one of the judicial organs of the Court, may make a request for cooperation and for arrest and surrender;

text: NOTING that

text: article 89

text: of

text: the Statute

text: needs to be read in connection with rule 176, sub-rule 2, of the Rules, which provides explicitly that the Registrar of the Court (the "Registrar") "shall transmit" the requests for cooperation "made by the Chambers" and shall receive the responses, information and documents from requested States;

text: NOTING that rule 176, sub-rule 2, of the Rules also provides explicitly for a separate and distinct procedure, by which the Office of the Prosecutor "shall transmit" the requests for cooperation "made by the Prosecutor" and shall receive the responses, information and documents from requested States;

text: No. : ICC-02/04 8 July 2005

text: CONSIDERING the Requests issued by the Chamber as a result of the Prosecutor's application to be "made by the Chambers" within the meaning of rule 176, sub-rule 2, of the Rules;

text: NOTING also the tenor of other provisions of the Court's instruments, including rule 184 of the Rules, by which the requested State shall immediately inform the Registrar when the person sought by the Court is available for surrender and shall surrender the person by the date and in the manner agreed upon between the authorities of the requested State and the Registrar; and regulation 111 of the Regulations, which entrusts the Registrar with the transmission of a request for arrest and surrender in accordance with

text: article 89

text: , paragraph 1, of

text: the Statute

text: CONSIDERING that the literal meaning and purpose of rule 176, sub-rule 2, of the Rules, as evident also from its drafting history, is to establish two separate and distinct procedures involving, on the one hand, the Registrar in the discharge of his responsibilities with respect to requests for cooperation made by the Chambers; and, on the other hand, the Prosecutor, in respect of the requests for cooperation made by the Prosecutor, in line with the Prosecutor's powers under

text: articles 42

text: and

text: of

text: the Statute

text: CONSIDERING that the above reading of rule 176, sub-rule 2, of the Rules, in connection with

text: article 89

text: , paragraph 1, of

text: the Statute

text: , does not deprive any of these provisions of meaningful content, but rather clarifies their scope in relation to the specific functions and responsibilities of the Prosecutor under

text: articles 42

text: and

text: of

text: the Statute

text: No.: ICC-02/04 8 July 2005

text: NOTING that under rule 176, sub-rule 2, of the Rules, the Registrar also has a role in informing the Chamber of the responses, information and documents received from requested States;

text: CONSIDERING that, unlike Rule 55 (D) of the Rules of Procedure and Evidence of the International Criminal Tribunal for the Former Yugoslavia, referred to by the Prosecutor in his submissions, rule 176, sub-rule 2, of the Rules is not explicit as to any discretion of the Chamber regarding the organ to be entrusted with the transmission of the requests for cooperation and the receipt of the responses thereto;

text: CONSIDERING that the Chamber, in the exercise of its functions under

text: the Statute

text: , does not exclude the possibility of allocating to the Prosecutor, under specific and compelling circumstances, the transmission of a particular request for cooperation, or warrant of arrest, and the receipt of responses thereto;

text: CONSIDERING, however, that such specific and compelling circumstances are not established in the Prosecutor's application;

text: NOTING that the Prosecutor stated during the hearing held on the 16th day of June 2005 that it is not the "current intention" of his Office "to make the arrest warrants public or to seek their immediate transmission";

text: CONSIDERING that the main reason submitted by the Prosecutor in support of his request and further elaborated upon during the hearing held on the 16th day of June 2005 appears to be the Prosecutor's wish to exercise discretion as to the

text: No.: ICC-02/04 8 July 2005 timing and manner of the disclosure of the Warrants, with a view to determining "the moment at which the disclosure is optimal";

text: CONSIDERING that, under the relevant provisions of

text: the Statute

text: and of the Rules, the necessity for the issuance of a warrant and for its transmission must be justified on the basis of circumstances and evidence existing at the time of the application, and is not dependant or conditional on future circumstances;

text: CONSIDERING that the other concerns highlighted by the Prosecutor may be properly addressed by way of consultation and close cooperation between the Registrar and the Prosecutor, in accordance with the terms specified in the Requests, to ensure proper coordination with relevant entities and State authorities and thereby maximise the prospects for arrest while minimising the risk of threats or retaliatory attacks against witnesses and victims;

text: CONSIDERING, in these circumstances, that the Registrar is the competent and appropriate organ of the Court to transmit the Warrants and the Requests;

text: NOTING the Prosecutor's request that the Prosecutor's application and all the proceedings relating thereto be treated as under seal and be kept under seal;

text: CONSIDERING the Prosecutor's request as to confidentiality to be proper and justified in the circumstances described in the Prosecutor's application;

text: NOTING the Prosecutor's request for appropriate protective measures under

text: article 87

text: , paragraph 4, of

text: the Statute

text: No. : ICC-02/04 8 July 2005

text: CONSIDERING the request for such protective measures to be proper and justified in the circumstances described in the Prosecutor's application, as further clarified during the hearings held on the 16th day of June 2005 and on the 21st day of June 2005;

text: NOTING the statements made by the Prosecutor during the hearings held on the 16th day of June 2005 and on the 21st day of June 2005 and noting, in particular, that the implementation of the Prosecutor's overall plan for the security of witnesses and victims in the field, as being developed in cooperation with the Victims and Witnesses Unit, is still ongoing and is yet to be completed;

text: CONSIDERING that there is a need for the Chamber to be properly and regularly informed of steps being taken to develop and implement security measures in the field, with a view to the exercise of its functions and responsibilities for the protection and privacy of victims and witnesses;

text: FOR THESE REASONS,

text: DECIDES that, for each of the persons whose arrest is sought by the Prosecutor, the Warrants and the Requests be issued as separate documents;

text: REJECTS the Prosecutor's request to transmit the Warrants and the Requests to the relevant States;

text: No. : ICC-02/04 8 July 2005

text: DECIDES that the Warrants and the Requests, as well as the enclosed documentation as required by

text: article 91

text: , paragraph 2, of

text: the Statute

text: , be transmitted by the Registrar to the relevant States, in accordance with the terms set out in the Requests;

text: DECIDES, for the purposes of the Requests, to authorise disclosure to the Registrar of the Prosecutor's application, this decision, the Warrants and the Requests;

text: DECIDES that any information relating to the Prosecutor's application, the Requests and subsequent proceedings be provided and handled in a manner that protects the safety, or physical or psychological well-being of any victims, potential witnesses and their families, in particular those mentioned in the Prosecutor's application, in accordance with

text: articles 68

text: and

text: , paragraph 4, of

text: the Statute

text: DECIDES, without prejudice to the responsibilities of the Prosecutor under

text: the Statute

text: , that any measures, including relocation and measures related to the protection of information, as may be necessary or appropriate to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families, and in particular of those mentioned in the Prosecutor's application, be taken pursuant to

text: articles 68

text: and

text: , paragraph 4, of

text: the Statute

text: and in accordance with the terms of the Requests;

text: DECIDES also that, without prejudice to the responsibilities of the Prosecutor under

text: the Statute

text: , any other measures which may be necessary or appropriate to

text: No. : ICC-02/04 8 July 2005 prevent the disclosure of the identity or whereabouts of any victims, potential witnesses and their families, in particular of those mentioned in the Prosecutor's application, be taken in accordance with the terms of the Requests;

text: REQUESTS the Prosecutor, in consultation and cooperation with the Registrar and the Victims and Witnesses Unit, to inform the Chamber on a periodic and regular basis as to developments concerning the implementation of protective and security measures in the field;

text: ORDERS that the Prosecutor's application, the Warrants and the Requests be treated as under seal and be kept under seal, in accordance with this decision of the Chamber and until further order by the Chamber;

text: DECIDES that this decision be kept under seal until further order by the Chamber.

text: No.: ICC-02/04 8 July 2005

text: Seal of the Court

text: No.: ICC-02/04 8 July 2005

title: The Prosecutor v. Dominic Ongwen

type: avgorande


court: icc

identifier: ICC-02/04-01/15 (Warrant of Arrest for Dominic Ongwen)

caseName: The Prosecutor v. Dominic Ongwen

chamber: Pre-Trial Chamber II

publisher: International Criminal Court

title: Warrant of Arrest for Dominic Ongwen

text: the Statute

text: the Statute, article 18

text: the Statute, article 19

text: the Statute, article 5

text: the Statute, article 53

text: the Statute, article 58

text: the Statute, article 7

text: the Statute, article 8

text: Cour

type: stycke

text: Pénale Internationale NO ICC-OZAM

text: ^•^^HM•••• Date. 8 july 2005

text: International

text: Criminal Original: English

text: Court

text: PRE-TRIAL CHAMBER II

type: rubrik

text: Before: Judge Tuiloma Neroni Slade Judge Mauro Politi Judge Fatoumata Dembele Diarra

text: Registrar: Mr Bruno Cathala

text: SITUATION IN UGANDA

text: Under Seal

text: Ex Parte, Prosecutor Only

text: WARRANT OF ARREST FOR DOMINIC ONGWEN

text: The Office of the Prosecutor Mr Luis Moreno Ocampo, Prosecutor Ms Fatou Bensouda, Deputy Prosecutor Ms Christine Chung, Senior Trial Lawyer Mr Eric MacDonald, Trial Lawyer

text: No.: ICC-02/04 8 July 2005

text: PRE-TRIAL CHAMBER II (the "Chamber") of the International Criminal Court (the "Court"), sitting as the full Chamber pursuant to its decision on the 18th day of May 2005, to which, on the 5th day of July 2004, the Presidency assigned the situation in Uganda pursuant to regulation 46 of the Regulations of the Court (the "Regulations");

text: HAVING RECEIVED the "Prosecutor's application for Warrants of Arrest under Article 58" dated the 6th day of May 2005, as amended and supplemented by the Prosecutor on the 13th day of May 2005 and on the 18th day of May 2005 (the "Prosecutor's application"), and having considered it on the basis of the amended application of the 18th day of May 2005;

text: NOTING the Prosecutor's request to be authorised to exceed the 50-page limit for his application for the issuance of warrants of arrest and the Chamber's decision on the 18th day of May 2005 granting the request;

text: NOTING that the Prosecutor's application seeks a warrant of arrest for DOMINIC ONGWEN for the crimes listed under Counts 27 to 33, as set out in the Prosecutor's application, as well as warrants of arrest for four other persons named in the Prosecutor's application;

text: The Lord's Resistance Army (the "LRA")

text: CONSIDERING the general allegations presented in the Prosecutor's application that the LRA is an armed group carrying out an insurgency against the Government of Uganda and the Ugandan Army (also known as

text: No : ICC-02/04 8 July 2005 the Uganda People's Defence Force ("UPDF")) and local defence units ("LDUs") since at least 1987; that over this time, including the period from 1 July 2002, the LRA has been directing attacks against both the UPDF and LDUs and against civilian populations; that, in pursuing its goals, the LRA has engaged in a cycle of violence and established a pattern of "brutalization of civilians" by acts including murder, abduction, sexual enslavement, mutilation, as well as mass burnings of houses and looting of camp settlements; that abducted civilians, including children, are said to have been forcibly "recruited" as fighters, porters and sex slaves to serve the LRA and to contribute to attacks against the Ugandan army and civilian communities;

text: CONSIDERING that the existence and acts of the LRA, as well as their impact on Uganda's armed forces and civilian communities, have been reported by the Government of Uganda and its agencies and by several independent sources, including the United Nations, foreign governmental agencies, non-governmental organisations and world media;

text: CONSIDERING the allegations that the LRA was founded and is led by Joseph Kony, the Chairman and Commander-in-Chief, and that the LRA is organised in a military-type hierarchy and operates as an army;

text: CONSIDERING the allegations that LRA forces are divided into four brigades named Stockree, Sinia, Trinkle and Gilva, and that since July 2002 the LRA's hierarchy of posts under Joseph Kony's overall leadership has included Vincent Otti, the Vice-Chairman and Second-in-Command; the Army Commander; three senior posts of Deputy Army Commander, Brigade

text: No. : ICC-02/04 8 July 2005

text: General and Division Commander; and four Brigade Commanders of equal rank, one of whom is DOMINIC ONGWEN;

text: CONSIDERING the specific allegations that Joseph Kony, Vincent Otti and other senior LRA commanders, including DOMINIC ONGWEN, are the key members of "Control Altar", the section representing the core LRA leadership responsible for devising and implementing LRA strategy, including standing orders to attack and brutalise civilian populations;

text: HAVING EXAMINED the Prosecutor's submission that, in his capacity as Brigade Commander of the Sinia Brigade of the LRA, DOMINIC ONGWEN ordered the commission of several crimes within the jurisdiction of the Court during May 2004;

text: CONSIDERING that sources indicated by the Prosecutor as confirming DOMINIC ONGWEN's role within the LRA's leadership include statements from former LRA commanders, victim or witness accounts, radio broadcast recordings and short-wave radio communications with other LRA commanders intercepted by Ugandan authorities;

text: CONSIDERING the Prosecutor's allegations that, in or around the middle of the year 2002, Joseph Kony ordered LRA forces to begin a campaign of attacks against civilians in the regions of Lango and Teso; that, in or about June 2003, Joseph Kony ordered LRA fighters, known also as rebels, to move into the Teso region, attack the UPDF forces and civilian settlements and abduct civilians for the purpose of recruitment to the ranks of the LRA (the "Teso campaign"); that, in response to Joseph Kony's orders, senior LRA

text: No.: ICC-02/04 8 July 2005 commanders and all of the brigade commanders, including DOMINIC ONGWEN, moved into the Teso region to conduct LRA operations; that LRA operations also continued to be conducted in the Acholi region; that, at some time before or during the last quarter of 2003, Joseph Kony issued broad orders to target and kill civilian populations, including those living in camps for internally displaced persons ("IDP"); that, during the Teso campaign and other LRA operations, there existed standing orders, given by Joseph Kony, to loot and to abduct civilians; that DOMINIC ONGWEN's direct involvement with the objectives and strategies of the campaign as a whole is shown by recordings of intercepted radio communications, accounts from former members of the LRA and accounts from witnesses and victims;

text: NOTING that the Prosecutor's application charges DOMINIC ONGWEN with criminal responsibility for the attack on the Lukodi IDP Camp mentioned hereafter forming part of the Teso campaign and having occurred in May 2004;

text: NOTING that the Prosecutor charges DOMINIC ONGWEN with crimes against humanity and war crimes, as specified in Counts 27 to 33 of his application, in connection with the attack on the Lukodi IDP Camp;

text: Attack on Lukodi IDP Camp

text: NOTING that the Prosecutor alleges that, on or about 20 May 2004, the Lukodi IDP Camp was attacked by an armed group who first attacked the local defence forces and then started "shooting and beating civilian residents, burning huts and looting"; that, according to the United Nations, the attack

text: No.: ICC-02/04 8 July 2005 resulted in 41 people being killed and in an unknown number being abducted and injured; that, according to Ugandan authorities and local hospital records, the attack resulted in the death of at least 40 civilians, the injury of at least 13 people, the abduction of at least six people, as well as in approximately 210 civilian houses being burnt;

text: NOTING that the evidence submitted, including intercepted radio communications, suggests that the attack was carried out in fulfilment of Joseph Kony's orders and that DOMINIC ONGWEN acknowledged that he was the commander of the LRA forces that attacked the Lukodi IDP Camp;

text: NOTING

text: article 58

text: and

text: article 19

text: of

text: the Statute

text: of the Court (the "Statute");

text: NOTING the letter of referral dated the 16th day of December 2003 from the Attorney General of the Republic of Uganda, appended as Exhibit A to the Prosecutor's application, by which the "situation concerning the Lord's Resistance Army" in northern and western Uganda was submitted to the Court;

text: NOTING the Prosecutor's conclusion that "the scope of the referral encompassed all crimes committed in Northern Uganda in the context of the ongoing conflict involving the LRA" and that the Prosecutor notified the Government of Uganda of his conclusion as referred to in paragraph 1 of the Prosecutor's application;

text: No. : ICC-02/04 8 July 2005

text: NOTING the "Declaration on Temporal Jurisdiction", dated the 27th day of February 2004, appended as Exhibit B to the Prosecutor's application, whereby the Republic of Uganda accepted the exercise of the Court's jurisdiction for crimes committed following the entry into force of

text: the Statute

text: on the 1st day of July 2002;

text: NOTING the "Letter on Jurisdiction" dated the 28th day of May 2004 from the Solicitor-General of the Republic of Uganda to the Prosecutor, appended as Exhibit C to the Prosecutor's application;

text: NOTING that all of the crimes alleged against DOMINIC ONGWEN fall within the provisions of

text: articles 5

text: and

text: of

text: the Statute

text: , and that such crimes are alleged to have taken place after the 1st day of July 2002 and within the context of the situation in Uganda as referred to the Court;

text: NOTING the Prosecutor's determination that the requirements of

text: article 53

text: , paragraph 1, of

text: the Statute

text: were satisfied;

text: NOTING that the Prosecutor affirms in paragraph 3 of the application that letters of notification were distributed to "all States parties under

text: article 18

text: , paragraph 1, of

text: the Statute

text: , as well as to other States that would normally exercise jurisdiction"; and that the Prosecutor had not received from any State information pursuant to

text: article 18

text: , paragraph 2, of

text: the Statute

text: No. : ICC-02/04 8 July 2005

text: NOTING the statements in the "Letter of Jurisdiction" dated the 28th day of May 2004, that "the Government of Uganda has been unable to arrest ... persons who may bear the greatest responsibility" for the crimes within the referred situation; that "the ICC is the most appropriate and effective forum for the investigation and prosecution of those bearing the greatest responsibility" for those crimes; and that the Government of Uganda "has not conducted and does not intend to conduct national proceedings in relation to the persons most responsible";

text: BEING SATISFIED that, on the basis of the application, the evidence and other information submitted by the Prosecutor, and without prejudice to subsequent determination, the case against DOMINIC ONGWEN falls within the jurisdiction of the Court and appears to be admissible;

text: NOTING

text: articles 5

text: and

text: of

text: the Statute

text: setting out crimes against humanity and war crimes; and noting also the Elements of Crimes;

text: NOTING the evidence submitted by the Prosecutor in support of the existence of the contextual elements of the alleged crimes;

text: NOTING that the Prosecutor relies on several categories of evidence to support the allegations made in his application;

text: BEING SATISFIED, on the basis of the application, the evidence and other information submitted by the Prosecutor, that there are reasonable grounds to believe that DOMINIC ONGWEN, together with other persons whose

text: No. : ICC-02/04 8 July 2005 arrests are sought by the Prosecutor, ordered the commission of crimes within the jurisdiction of the Court, namely, crimes against humanity and war crimes, particulars of which are set out in the following counts as numbered in the Prosecutor's application:

text: Count Twenty-Seven (Murder at Lukodi IDP Camp Constituting Crimes Against Humanity)

text: On or about 20 May 2004, ordering the commission of crimes against humanity which in fact occurred, namely, the unlawful killings of approximately 40 civilian residents of Lukodi IDP Camp, near Gulu town, Bungatira Sub-County, Aswa County, Gulu District, Uganda (

text: articles 7

text: (l)(a) and 25(3)(b) of

text: the Statute

text: Count Twenty-Eight (Enslavement at Lukodi IDP Camp Constituting Crimes Against Humanity)

text: On or about 20 May 2004, ordering the commission of crimes against humanity which in fact occurred, namely, the enslavement of at least six civilian residents of Lukodi IDP Camp, near Gulu town, Bungatira Sub- County, Aswa County, Gulu District, Uganda (

text: articles 7

text: (l)(c) and 25(3)(b) of

text: the Statute

text: Count Twenty-Nine (Inhumane Acts at Lukodi IDP Camp Constituting Crimes Against Humanity)

text: On or about 20 May 2004, ordering the commission of crimes against humanity which in fact occurred, namely, the inhumane acts of inflicting serious bodily injury and suffering upon at least 13 civilian residents of Lukodi IDP Camp, near Gulu town, Bungatira Sub-County, Aswa County, Gulu District, Uganda (

text: articles 7

text: (l)(k) and 25(3)(b) of

text: the Statute

text: No.: ICC-02/04 8 July 2005

text: Count Thirty (Murder at Lukodi IDP Camp Constituting War Crimes)

text: On or about 20 May 2004, ordering the commission of war crimes which in fact occurred, namely, the killings of approximately 40 civilian residents of Lukodi IDP Camp, near Gulu town, Bungatira Sub-County, Aswa County, Gulu District, Uganda (

text: articles 8

text: (2)(c)(i) and 25(3)(b) of

text: the Statute

text: Count Thirty-One (Cruel Treatment at Lukodi IDP Camp Constituting War Crimes)

text: On or about 20 May 2004, ordering the commission of war crimes which in fact occurred, namely, the cruel treatment of civilian residents of Lukodi IDP Camp, by abducting a group of at least six residents, forcing them to march under armed guard and threat of death, separating them forcibly from their children, and killing abductees in their presence, near Gulu town, Bungatira Sub-County, Aswa County, Gulu District, Uganda (

text: articles 8

text: (2)(c)(i) and 25(3)(b) of

text: the Statute

text: Count Thirty-Two (Attack Against the Civilian Population at Lukodi IDP Camp Constituting War Crime)

text: On or about 20 May 2004, ordering the commission of a war crime which in fact occurred, namely, the intentional directing of attacks against the civilian population of Lukodi IDP Camp, near Gulu town, Bungatira Sub-County, Aswa County, Gulu District, Uganda, and against individual civilians not taking direct part in hostilities (

text: articles 8

text: (2)(e)(i) and 25(3)(b) of

text: the Statute

text: Count Thirty-Three (Pillaging at Lukodi IDP Camp Constituting War Crimes)

text: On or about 20 May 2004, ordering the commission of a war crime which in fact occurred, namely, the pillaging of Lukodi IDP Camp, near Gulu town, Bungatira Sub-County, Aswa County, Gulu District, Uganda (

text: articles 8

text: (2)(e)(v) and 25(3)(b) of

text: the Statute

text: No. : ICC-02/04 8 July 2005

text: NOTING the reasons advanced by the Prosecutor as to the necessity for arrest, namely, to ensure DOMINIC ONGWEN's appearance at trial; to ensure that he does not obstruct or endanger the investigation, either individually or on a collective basis; and to prevent him from continuing to commit crimes within the jurisdiction of the Court;

text: BEING SATISFIED that the issuance of a warrant of arrest appears necessary based on the facts and circumstances referred to in the Prosecutor's application, namely that the LRA has been in existence for the past 18 years; and that the LRA's commanders are allegedly inclined to launch retaliatory strikes, thus creating a risk for victims and witnesses who have spoken with or provided evidence to the Office of the Prosecutor;

text: NOTING the statements made by the Prosecutor at the hearings on the 16th day of June 2005 and the 21st day of June 2005 to the effect that attacks by the LRA are still occurring and that there is therefore a likelihood that failure to arrest DOMINIC ONGWEN will result in the continuation of crimes of the kind described in the Prosecutor's application;

text: NOTING the Prosecutor's request that the application and all proceedings relating thereto be treated as under seal and be kept under seal;

text: No.: ICC-02/04 8 July 2005

text: FOR THESE REASONS,

text: PRE-TRIAL CHAMBER II GRANTS the Prosecutor's application for a warrant of arrest for DOMINIC ONGWEN pursuant to

text: article 58

text: of

text: the Statute

text: and HEREBY ISSUES:

text: A WARRANT OF ARREST (the "Warrant") for the SEARCH, ARREST, DETENTION AND SURRENDER to the Court of DOMINIC ONGWEN, a male, who was last known to be serving in the LRA as Brigade Commander of the Sinia Brigade; and who is believed to be a national of Uganda;

text: ORDERS that the said DOMINIC ONGWEN be advised at the time of his arrest, and in a language he fully understands and speaks, of his rights as set forth in the following provisions of

text: the Statute

text: and the Rules of Procedure and Evidence, the texts of which are annexed to the Warrant:

text: article 19, paragraph 2 (challenges to the jurisdiction of the Court or the admissibility of a case); article 55, paragraph 2 (rights of persons during an investigation); - article 57 (functions and powers of the Pre-Trial Chamber); - article 59 (arrest proceedings in the custodial State); - article 60 (initial proceedings before the Court); article 61 (confirmation of the charges before trial);

text: No. : ICC-02/04 8 July 2005

text: - article 67 (rights of the accused); rule 21 (assignment of legal assistance); - rule 112 (recording of questioning in particular cases); - rule 117 (detention in the custodial State); - rule 118 (pre-trial detention at the seat of the Court); - rule 119 (conditional release); - rule 120 (instruments of restraint); - rule 121 (proceedings before the confirmation hearing); - rule 122 (proceedings at the confirmation hearing in the presence of the person charged); - rule 123 (measures to ensure the presence of the person concerned at the confirmation hearing); - rule 124 (waiver of the right to be present at the confirmation hearing); - rule 187 (translation of documents accompanying request for surrender);

text: ORDERS that the Warrant shall remain in effect until further order by the Chamber;

text: AUTHORISES the Warrant to be made available and disclosed to persons or entities designated by the authorities of the State requested in the Request for Arrest and Surrender and only for the purposes of the execution of the Warrant;

text: No.: ICC-02/04 8 July 2005

text: ORDERS that the Warrant, in all other respects, be kept under seal until further order by the Chamber;

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

text: Judge Tuiloma Neroni Slade Presiding Judge

text: Judge Mauro Politi Judge Fatoumata Dembefe Diarra

text: Dated this 8th day of July 2005 At The Hague, The Netherlands

text: Seal of the Court

text: No.: ICC-02/04 8 July 2005

title: The Prosecutor v. Dominic Ongwen


identifier: ICC-02/05-01/07 (Warrant of arrest for Ahmad Harun)

caseName: The Prosecutor v. Ahmad Muhammad Harun ("Ahmad Harun")

chamber: Pre-Trial Chamber I

title: Warrant of arrest for Ahmad Harun

text: the 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

text: Internationale

text: International Criminal Court

text: Original: English No.: ICC-02/05-01/07 Date: 27 April 2007

text: PRE-TRIAL CHAMBER I

text: Before: Judge Akua Kuenyehia, Presiding Judge Judge Claude Jorda Judge Sylvia Steiner

text: Registrar: Mr Bruno Cathala

text: SITUATION IN DARFUR, SUDAN IN THE CASE OF THE PROSECUTOR v. AHMAD MUHAMMAD HARUN ("AHMAD HARUN") and ALI MUHAMMAD AL ABD-AL-RAHMAN ("AU KUSHAYB")

text: Public Document

text: WARRANT OF ARREST FOR AHMAD HARUN

text: The Office of the Prosecutor Mr Luis Moreno Ocampo, Prosecutor Ms Fatou Bensouda, Deputy Prosecutor Mr Andrew Cayley, Senior Trial Lawyer Mr Ade Omofade, Trial Lawyer

text: No. ICC-02/05-01/07 1/16 27 April 2007

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

text: HAVING EXAMINED the "Prosecutor's Application under article 58(7)" ("Prosecution Application"), regarding Ahmad Muhammad HARUN ("Ahmad Harun") and Ali Muhammed AI ABD-AL-RAHMAN ("Ali Kushayb"), filed on 27 February 2007, and the supporting material and other information submitted by the Prosecution;1

text: NOTING the "Decision on the Prosecution Application under

text: Article 58

text: (7) of

text: the Statute

text: "2 whereby the Chamber considered that it is not satisfied that a summons to appear is sufficient to ensure Ahmad Harun's appearance before the Court and that his arrest appears to be necessary under

text: article 58

text: (l)(b) of the

text: Rome Statute

text: the Statute

text: NOTING

text: articles 19

text: and

text: of

text: the Statute

text: CONSIDERING that, on the basis of the evidence and information provided by the Prosecution and without prejudice to any challenge to the admissibility of the case under

text: article 19

text: (2) (a) and (b) of

text: the Statute

text: and without prejudice to any subsequent determination, the case against Ahmad Harun and Ali Kushayb falls within the jurisdiction of the Court and is admissible; 1 ICC-02/05-62-US-Exp; ICC-02/05-64-US-Exp; ICC-02/05-69-US-Exp; and ICC-02/05-72-US-Exp. 2ICC-02/05-01/07-1 No. ICC-02/05-01/07 2/16 27 April 2007

text: CONSIDERING that there are reasonable grounds to believe that from about August 2002 until at least the time relevant to the Prosecution Application, a protracted armed conflict within the meaning of

text: article 8

text: (2)(f) of

text: the Statute

text: took place between the Government of the Sudan including combatants from the Sudan People's Armed Forces ("the Sudanese Armed Forces") and the Popular Defence Force (the "PDF") along with the Militia/Janjaweed against organised rebel groups, including the Sudanese Liberation Movement/Army (SLM/A) and the Justice and Equality Movement (JEM) in Darfur, Sudan;

text: CONSIDERING that there are reasonable grounds to believe t hat 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, while these towns were devoid of any rebel activities and while the civilian population was not taking any active part in the hostilities;

text: CONSIDERING that there are reasonable grounds to believe that during these attacks, the Sudanese Armed Forces and the Milita/Janjaweed committed several criminal acts against civilians primarily from the Fur, Zaghawa and Masalit populations, between August 2003 and March 2004, namely murders of civilians, rapes and outrages upon the personal dignity of women and girls, attacks intentionally directed against the above-mentioned civilian populations and destruction of property belonging to the above-mentioned populations and pillaging of towns;

text: No. ICC-02/05-01/07 3/16 27 April 2007

text: CONSIDERING that there are reasonable grounds to believe that, during the abovementioned attacks, war crimes within the jurisdiction of the Court pursuant to article 8(2)(c)(i), 8(2)(c)(ii), 8(2)(e)(i), 8(2)(e)(v), 8(2)(e)(vi), and 8(2)(e)(xii) of

text: the Statute

text: , as described in the Prosecution Application, were committed;

text: CONSIDERING that there are reasonable grounds to believe that the attacks perpetrated by the Sudanese Armed Forces and/or the Militia/Janjaweed were of a systematic or widespread nature and were directed against civilians primarily from the Fur, Zaghawa and Masalit populations pursuant to or in furtherance of a State or organisational policy consisting in attacking the civilian population;

text: CONSIDERING that there are reasonable grounds to believe that, during these attacks, persecution, murders, forcible transfers, imprisonment or severe deprivation of liberty, acts of torture, rapes and other inhumane acts and upon civilians primarily from the Fur, Zaghawa and Masalit populations were committed by the Sudanese Armed Forces and the Militia/Janjaweed;

text: CONSIDERING that there are reasonable grounds to believe that, during the abovementioned attacks, crimes against humanity within the jurisdiction of the Court pursuant to article 7(l)(a), 7(l)(d), 7(l)(e), 7(l)(f), 7(l)(g), 7(l)(h), and 7(l)(k) of

text: the Statute

text: as described in the Prosecution Application, were committed;

text: No. ICC-02/05-01/07 4/16 27 April 2007

text: CONSIDERING that there are reasonable grounds to believe that, from in or about April 2003 until in or about September 2005, Ahmad Harun served as Minister of State for the Interior of the Government of Sudan; that, as such, he was in charge of the management of the "Darfur Security desk" thereby coordinating the different bodies of the Government involved in the counter-insurgency, including the Police, the Armed Forces, the National Security and Intelligence Service and the Militia/Janjaweed;

text: CONSIDERING that there are reasonable grounds to believe that, due to his position at the Darfur Security desk and through his overall coordination and personal participation in key activities of the Security Committees, namely the recruiting, arming and funding of the Militia/Janjaweed in Darfur, Ahmad Harun intentionally contributed to the commission of the above-mentioned crimes, knowing that his contribution would further the common plan carried out by the Sudanese Armed Forces and the Militia/Janjaweed, which consisted of attacking the civilian populations in Darfur;

text: CONSIDERING that there are reasonable grounds to believe that Ahmad Harun, by virtue of his above-mentioned position, had knowledge of the crimes committed against the civilian population and of the methods used by the Militia/Janjaweed; and that in his public speeches Ahmad Harun not only demonstrated that he knew that the Militia/Janjaweed were attacking civilians and pillaging towns and villages, but also personally encouraged the commission of such illegal acts;

text: No. ICC-02/05-01/07 5/16 27 April 2007

text: CONSIDERING that, for all the above-mentioned reasons, there are reasonable grounds to believe that Ahmad Harun is criminally responsible under

text: article 25

text: (3) (b) and 25(3)(d) of

text: the Statute

text: for the commission of crimes against humanity and war crimes as specifically referred to in the following counts, as presented in the Prosecution Application:

text: Count 1 (Persecution in the Kodoom villages and surrounding areas constituting a crime against humanity)

text: From on or about 15 August 2003 to on or about 31 August 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the persecution of the primarily Fur population of the Kodoom villages and surrounding areas by acts of murder, attack of the civilian population, destruction of property and forcible transfer (

text: articles 7

text: (l)(h) and 25(3)(d) of

text: the Statute

text: Count 2 (Murder of civilians in the Kodoom villages and surrounding areas constituting a crime against humanity)

text: On or about 15 August 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the murder of civilians from the primarily Fur population of the Kodoom villages and surrounding areas (

text: articles 7

text: (l)(a) and 25(3)(d) of

text: the Statute

text: Count 3 (Murder of civilians in the Kodoom villages and surrounding areas constituting a war crime)

text: On or about 15 August 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the murder of civilians from the primarily Fur population of the Kodoom villages and surrounding areas, while those civilians were taking no active part in hostilities (

text: articles 8

text: (2)(c)(i) and 25(3)(d) of

text: the Statute

text: Count 4 (Murder of civilians in the Kodoom villages and surrounding areas constituting a crime against humanity)

text: No. ICC-02/05-01/07 6/16 27 April 2007

text: On or about 31 August 2003 Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the murder of civilians from the primarily Fur population of the Kodoom villages and surrounding areas (

text: articles 7

text: (l)(a) and 25(3)(d) of

text: the Statute

text: Count 5 (Murder of civilians in the Kodoom villages and surrounding areas constituting a war crime)

text: On or about 31 August 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the murder of civilians from the primarily Fur population of the Kodoom villages and surrounding areas, while those civilians were taking no active part in hostilities (

text: articles 8

text: (2)(c)(i) and 25(3)(d) of

text: the Statute

text: Count 6 (Attacks against the civilian population in the Kodoom villages and surrounding areas constituting a war crime)

text: From on or about 15 August 2003 to on or about 31 August 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the commission of attacks against civilians from the primarily Fur population of the Kodoom villages and surrounding areas, and against civilians not taking direct part in hostilities (

text: articles 8

text: (2)(e)(i) and 25(3)(d) of

text: the Statute

text: Count 8 (Destruction of property in the Kodoom villages and surrounding areas constituting a war crime)

text: From on or about 15 August 2003 to on or about 31 August 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the destruction of property belonging to the primarily Fur population of the Kodoom villages and surrounding areas, including the burning of houses (

text: articles 8

text: (2)(e)(xii) and 25(3)(d) of

text: the Statute

text: Count 9 (Forcible transfer from the Kodoom villages and surrounding areas constituting a crime against humanity)

text: From on or about 15 August 2003 to on or about 31 August 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the forcible transfer of approximately 20,000 primarily Fur civilians from the Kodoom villages

text: No. ICC-02/05-01/07 7/16 27 April 2007 and surrounding areas, resulting in the desertion of the villages (

text: articles 7

text: (1) (d) and 25(3)(d) of

text: the Statute

text: Count 10 (Persecution in Bindisi town and surrounding areas constituting a crime against humanity)

text: On or about 15 August 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the persecution of the primarily Fur population of Bindisi town and surrounding areas, by acts of murder, rape, attack of the civilian population, inhumane acts, pillaging, destruction of property and forcible transfer of the population (

text: articles 7

text: (l)(h) and 25 (3)(d) of

text: the Statute

text: Count 11 (Murder of civilians in Bindisi town and surrounding areas constituting a crime against humanity)

text: On or about 15 August 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the murder of over 100 civilians from the primarily Fur population of Bindisi town and surrounding areas (

text: articles 7

text: (1) (a) and 25(3)(d) of

text: the Statute

text: Count 12 (Murder of civilians in Bindisi town and surrounding areas constituting a war crime)

text: On or about 15 August 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the murder of over 100 civilians from the primarily Fur population of Bindisi town and surrounding areas while those civilians were taking no active part in hostilities (

text: articles 8

text: (2)(c)(i) and 25(3)(d) of

text: the Statute

text: Count 13 (Rape in Bindisi town and surrounding areas constituting a crime against humanity)

text: On or about 15 August 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the rape of women and girls from the primarily Fur population of Bindisi town and surrounding areas (

text: articles 7

text: (l)(g) and 25(3)(d) of

text: the Statute

text: Count 14 (Rape in Bindisi town and surrounding areas constituting a war crime)

text: No. ICC-02/05-01/07 8/16 27 April 2007

text: articles 8

text: (2)(e)(vi) and 25(3)(d) of

text: the Statute

text: Count 15 (Attacks against the civilian population in Bindisi town and surrounding areas constituting a war crime)

text: On or about 15 August 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the commission of attacks against civilians from the primarily Fur population of Bindisi town and surrounding areas, while those civilians were not taking direct part in hostilities (

text: articles 8

text: (2)(e)(i) and 25(3)(d) of

text: the Statute

text: Count 17 (Inhumane acts in Bindisi town constituting a crime against humanity)

text: On or about 15 August 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the infliction 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 surrounding areas including the inhumane act of shooting, resulting in serious injury (

text: articles 7

text: (l)(k) and 25(3)(d) of

text: the Statute

text: Count 18 (Pillaging in Bindisi town and surrounding areas constituting a war crime)

text: On or about 15 August 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the pillaging of property belonging to the primarily Fur population of Bindisi town and surrounding areas, including the pillaging of household property (

text: articles 8

text: (2)(e)(v) and 25(3)(d) of

text: the Statute

text: Count 19 (Destruction of property in Bindisi town and surrounding areas constituting a war crime)

text: On or about 15 August 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the destruction of property belonging to the primarily Fur population of Bindisi town and surrounding areas, including the

text: No. ICC-02/05-01/07 9/16 27 April 2007 burning of food storages, the mosque and dwellings in the area (

text: articles 8

text: (2)(e)(xii) and 25(3)(d) of

text: the Statute

text: Count 20 (Forcible transfer from Bindisi town and surrounding areas constituting a crime against humanity)

text: On and about 15 August 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the forcible transfer of approximately 34,000 primarily Fur civilians from Bindisi town and surrounding areas, resulting in the desertion of the town (

text: articles 7

text: (l)(d) and 25(3)(d) of

text: the Statute

text: Count 21 (Persecution in Mukjar town and surrounding areas constituting a crime against humanity)

text: Between August 2003 and March 2004, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the persecution of the primarily Fur population of Mukjar town and surrounding areas by acts of murder, attack of the civilian population, imprisonment or severe deprivation of liberty, torture, pillaging and destruction of property (

text: articles 7

text: (1 )(h) and 25(3) (d) of

text: the Statute

text: Count 22 (Murder of men in Mukjar town and surrounding areas constituting a crime against humanity)

text: Between September 2003 and October 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the murder of at least 20 men from the primarily Fur population of Mukjar town and surrounding areas (

text: articles 7

text: (l)(a) and 25(3)(d) of

text: the Statute

text: Count 23 (Murder of men in Mukjar town and surrounding areas constituting a war crime)

text: Between September 2003 and October 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the murder of at least 20 men from the primarily Fur population of Mukjar town and surrounding areas while those men were taking no active part in hostilities (

text: articles 8

text: (2)(c)(i) and 25(3)(d) of

text: the Statute

text: No. ICC-02/05-01/07 10/16 27 April 2007

text: Count 24 (Murder of men in Mukjar town and surrounding areas constituting a crime against humanity)

text: In or around December 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the murder of at least 21 men from the primarily Fur population of Mukjar town and surrounding areas (

text: articles 7

text: (l)(a) and 25(3)(d) of

text: the Statute

text: Count 26 (Murder of men in Mukjar town and surrounding areas constituting a war crime)

text: In or around December 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the murder of at least 21 men from the primarily Fur population of Mukjar town and surrounding areas while those men were taking no active part in hostilities (

text: articles 8

text: (2)(c)(i) and 25(3)(d) of

text: the Statute

text: Count 28 (Murder of men in Mukjar town and surrounding areas constituting a crime against humanity)

text: In or around March 2004, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the murder of at least 32 men from the primarily Fur population of Mukjar town and surrounding areas (

text: articles 7

text: (l)(a) and 25(3)(d) of

text: the Statute

text: Count 30 (Murder of men in Mukjar town and surrounding areas constituting a war crime)

text: In or around March 2004, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the murder of at least 32 men from the primarily Fur population of Mukjar town and surrounding areas while those men were taking no active part in hostilities (

text: articles 8

text: (2)(c)(i) and 25(3)(d) of

text: the Statute

text: Count 32 (Attacks against the civilian population in Mukjar town and surrounding areas constituting a war crime) Between August 2003 and March 2004, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the commission of attacks against civilians from the primarily Fur population of Mukjar town and surrounding areas

text: No. ICC-02/05-01/07 11/16 27 April 2007 and against civilians not taking direct part in hostilities (

text: articles 8

text: (2)(e)(i) and 25(3) (d) of

text: the Statute

text: Count 34 (Imprisonment or severe deprivation of liberty in Mukjar town and surrounding areas constituting a crime against humanity)

text: Beginning in or about August 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the imprisonment or severe deprivation of the physical liberty of at least 400 civilians from the primarily Fur population of Mukjar town and surrounding areas (

text: articles 7

text: (l)(e) and 25(3)(d) of

text: the Statute

text: Count 35 (Torture in Mukjar town and surrounding areas constituting a crime against humanity)

text: Beginning in or about August 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the torture of at least 60 civilians from the primarily Fur population of Mukjar town and surrounding areas (

text: article 7

text: (l)(f) and 25(3)(d) of

text: the Statute

text: Count 36 (Pillaging in Mukjar town and surrounding areas constituting a war crime)

text: Between August 2003 and March 2004, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the pillaging of property belonging to the primarily Fur population of Mukjar town and surrounding areas including the pillaging of shops, houses and livestock (

text: articles 8

text: (2)(e)(v) and 25(3)(d) of

text: the Statute

text: Count 37 (Pillaging in Mukjar town and surrounding areas constituting a war crime)

text: Between on or about 3 August 2003 and 10 August 2003, Ahmad Harun induced the commission of the pillaging of property belonging to the primarily Fur population of Mukjar town and surrounding areas including the pillaging of shops, houses and livestock (

text: articles 8

text: (2)(c)(v) and 25(3)(b) of

text: the Statute

text: Count 38

text: No. ICC-02/05-01/07 12/16 27 April 2007

text: (Destruction of property in Mukjar town and surrounding areas constituting a war crime)

text: Between August 2003 and March 2004, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the destruction of property belonging to the primarily Fur population of Mukjar town and surrounding areas, including the burning of dwellings and the destruction of crops and farms (

text: articles 8

text: (2)(e)(xii) and 25(3)(d) of

text: the Statute

text: Count 39 (Persecution in Arawala town and surrounding areas constituting a crime against humanity)

text: In or around December 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the persecution of the primarily Fur population of Arawala town and surrounding areas, by acts of murder, rape, attack of the civilian population, outrages upon personal dignity, inhumane acts, pillaging, destruction of property and forcible transfer of the population (

text: articles 7

text: (1 )(h) and 25(3)(d) of

text: the Statute

text: Count 40 (Murder of civilians in Arawala town and surrounding areas constituting a crime against humanity)

text: In or around December 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the murder of at least 26 civilians from the primarily Fur population of Arawala town and surrounding areas (

text: articles 7

text: (l)(a) and 25(3)(d) of

text: the Statute

text: Count 41 (Murder of civilians in Arawala town and surrounding areas constituting a war crime)

text: In or around December 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the murder of at least 26 civilians from the primarily Fur population of Arawala town and surrounding areas, while those civilians were taking no active part in hostilities (

text: articles 8

text: (2)(c)(i) and 25(3)(d) of

text: the Statute

text: Count 42

text: No. ICC-02/05-01/07 13/16 27 April 2007

text: (Rape in Arawala town and surrounding areas constituting a crime against humanity)

text: In or around December 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the rape of at least 10 women and girls from the primarily Fur population of Arawala town and surrounding areas (

text: articles 7

text: (1 )(g) and 25(3)(d) of

text: the Statute

text: Count 43 (Rape in Arawala town and surrounding areas constituting a war crime)

text: articles 8

text: (2)(e)(vi) and 25(3)(d) of

text: the Statute

text: Count 44 (Attacks against the civilian population in Arawala town and surrounding areas constituting a war crime)

text: In or around December 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the commission of attacks against civilians from the primarily Fur population of Arawala town and surrounding areas and against civilians taking no active part in hostilities (

text: articles 8

text: (2)(e)(i) and 25(3)(d) of

text: the Statute

text: Count 46 (Outrage upon personal dignity in Arawala town and surrounding areas constituting a war crime)

text: In or around December 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to outrage upon personal dignity of at least 10 women and girls from the primarily Fur population of Arawala town and surrounding areas (

text: articles 8

text: (2)(c)(ii) and 25(3)(d) of

text: the Statute

text: Count 48 (Inhumane acts in Arawala constituting a crime against humanity)

text: In or around December 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the infliction of great suffering, or serious injury to body or to mental or physical health by means of an inhumane act upon

text: No. ICC-02/05-01/07 14/16 27 April 2007 civilians from the primarily Fur population of Arawala town and surrounding areas (

text: articles 7

text: (l)(k) and 25(3)(d) of

text: the Statute

text: Count 49 (Pillaging in Arawala town and surrounding areas constituting a war crime)

text: In or around December 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the pillaging of property belonging to the primarily Fur population of Arawala town and surrounding areas, including the pillaging of stores, houses and livestock (

text: articles 8

text: (2)(e)(v) and 25(3)(d) of

text: the Statute

text: Count 50 (Destruction of property in Arawala town and surrounding areas constituting a war crime)

text: In or around December 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the destruction of property belonging to the primarily Fur population of Arawala town and surrounding areas, including the destruction of most of Arawala town (

text: articles 8

text: (2)(e)(xii) and 25(3)(d) of

text: the Statute

text: Count 51 (Forcible transfer from Arawala town and surrounding areas constituting a crime against humanity)

text: In or around December 2003, Ahmad Harun, as part of a group of persons acting with a common purpose, contributed to the forcible transfer of approximately 7,000 primarily Fur civilians from Arawala town and surrounding areas to the towns of Deleig, Garsila and other locations, resulting in the desertion of the town (

text: articles 7

text: (l)(d) and 25(3)(d) of

text: the Statute

text: CONSIDERING that, given Ahmad Harun's former and current official positions within the Government of the Sudan, his arrest appears to be necessary at this stage, within the meaning of

text: article 58

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

text: the Statute

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

text: No. ICC-02/05-01/07 15/16 27 April 2007

text: FOR THESE REASONS

text: HEREBY ISSUES:

text: A WARRANT OF ARREST for Ahmad Muhammad HARUN; a man who was born in or about 1964; who is believed to be a national of Sudan, from the State of North Kordofan, a member of a tribe called the Bargou; who is believed to have served as Minister of State for the Interior of the Government of Sudan, from in or about April 2003 until in or about September 2005, and, since 2006, as Minister of State for Humanitarian Affairs in the present Government of the Sudan, whose names are also spelled as Ahmed Haroun, Mohamed Ahmed Haroun and Ahmed Haroon.

text: Judge Akua Kuenyehia Presiding Judge

text: —Judge Llaude Jorda Judge Sylvia Steiner

text: Dated this Friday 27 April 2007 At The Hague, The Netherlands

text: No. ICC-02/05-01/07 16/16 27 April 2007

title: The Prosecutor v. Ahmad Muhammad Harun ("Ahmad Harun")


identifier: ICC-02/05-01/07 (Decision replacing a judge in the Appeals Chamber)

caseName: The Prosecutor v. Ahmad Muhammad Harun ("Ahmad Harun") and Ali Muhammad Ali Abd-Al-Rahman ("Ali Kushayb")

text: the Statute

text: Rome Statute of the International Criminal Court, article 39

text: THE PRESIDENCY Before: Judge Philippe Kirsch, President Judge Akua Kuenyehia, First Vice-Président Judge René Blattmann, Second Vice-Président

text: Public Document Decision replacing a judge in the Appeals Chamber

text: No.ICC-Pres-01/08 1/4 29 August 2008

text: Decision to be notified in accordance with regulation 31 of the Regulations of the Court to: The Office of the Prosecutor Counsel for the Defence

text: Legal Representatives of the Victims Legal Representatives of the Applicants

text: Unrepresented Victims Unrepresented Applicants for Participation/Reparation

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

text: REGISTRY Registrar Defence Support Section Ms Silvana Arbia Mr Esteban Peralta Losilla Victims and Witnesses Unit Detention Section Mr Simo Vaatainen Mr Anders Backman Victims Participation and Reparations Section Ms Fiona Mckay

text: No.ICC-Pres-01/08 2/4 29 August 2008

text: THE PRESIDENCY of the International Criminal Court (the "Court");

text: NOTING the resignation from the Court of Judge Pillay;1

text: NOTING that Judge Pillay was a member of the Appeals Chamber;

text: CONSIDERING the composition of the Appeals Chamber as set out in

text: article 39

text: (2)(b)(i) of the

text: the Statute

text: "), pursuant to which the Appeals Chamber shall be composed of all of the judges of the Appeals Division, which in turn is composed of the President and four other judges, by virtue of

text: article 39

text: (1) of

text: the Statute

text: CONSIDERING rule 38 of the Rules of Procedure and Evidence, providing for the replacement of judges, and regulation 15 of the Regulations of the Court, pursuant to which the Presidency is responsible for the replacement of judges;

text: HEREBY DECIDES:

text: (i) That Judge Daniel Nsereko shall replace Judge Pillay in the Appeals Chamber with effect from 1 September 2008, and;

text: (ii) That the Appeals Chamber shall hereby be composed as follows:

text: Judge Philippe Kirsch Judge Georghios M. Pikis Judge Sang-Hyun Song Judge Erkki Kourula Judge Daniel Nsereko 1 See press release of 30 July 2008, ICC-CPI-20080730-PR344-ENG. Judge Pillay's resignation from the Court takes effect on 31 August 2008. No.ICC-Pres-01/08 3/4 29 August 2008

text: Judge Philippe Kirsch President Dated this 29 August 2008 At The Hague, The Netherlands

text: No. ICC-Pres-01/08 4/4 29 August 2008


identifier: ICC-02/05-01/07 (Public redacted version of 'Second warrant of arrest for Ali Muhammad Ali Abd-Al-Rahman ("Ali Kushayb")', 16 January 2018, ICC-02/05-01/07-74-Secret-Exp)

text: the Statute

text: the Statute, article 13

text: the Statute, article 19

text: the Statute, article 5

text: Rome Statute, article 58

text: the Statute, article 7

text: the Statute, article 8

text: the Statute, article 89

text: the Statute, article 91

text: the Statute, article 92

text: fBAE

text: Original: English No.: ICC-02/05-01/07 Date (original): 16 January 2018 Date (public version): 11 June 2020

text: PRE-TRIAL CHAMBER II

text: Before: Judge Antoine Kesia‐Mbe Mindua, Presiding Judge Judge Tomoko Akane Judge Rosario Salvatore Aitala

text: SITUATION IN DARFUR, SUDAN

text: IN THE CASE OF THE PROSECUTOR v. AHMAD MUHAMMAD HARUN (“AHMAD HARUN”) AND ALI MUHAMMAD ALI ABD-AL-RAHMAN (“ALI KUSHAYB”)

text: Public

text: Public redacted version of ‘Second warrant of arrest for Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”)’, 16 January 2018, ICC-02/05-01/07-74- Secret-Exp

text: No. ICC-02/05-01/07 1/14 11 June 2020

text: To be notified, in accordance with regulation 31 of the Regulations of the Court, to:

text: The Office of the Prosecutor Counsel for the Defence

text: Fatou Bensouda James Stewart Julian Nicholls

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

text: States Representatives Amicus Curiae

text: REGISTRY

text: Registrar Counsel Support Section

text: Peter Lewis

text: Victims and Witnesses Unit Detention Section

text: Victims Participation and Reparations Other Section

text: No. ICC-02/05-01/07 2/14 11 June 2020

text: Pre-Trial Chamber II (“Chamber”) of the International Criminal Court, on the application of the Prosecutor, issues this warrant of arrest pursuant to

text: article 58

text: of the

text: Rome Statute

text: (“Statute”) for

text: Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”)

text: approximately 60 years of age, national of the Republic of Sudan (“Sudan”), whose father is from the Taisha (Taicha) tribe and whose mother is from the Dangaoui tribe from southern Sudan, who is believed to be a tribal leader and member of the Popular Defence Force (“PDF”), who was an “aqid al-ogada” (colonel of colonels) for the Wadi Salih area in Darfur, and who is believed to have been one of the top commanders of the Janjaweed/Militia.

text: I. Introduction

text: On 27 April 2007, Pre-Trial Chamber I, upon application of the Prosecutor, issued a warrant of arrest for Ali Kushayb with regard to 50 counts of war crimes and crimes against humanity. 2. On 3 November 2017, the Prosecutor filed the “Prosecution’s application pursuant to

text: article 58

text: (6) of the

text: Rome Statute

text: to amend the warrant of arrest for Ali Muhammad Ali Abd-Al Rahman (‘Ali Kushayb’) by adding new crimes” (“Application”). 3. In the Application, the Prosecutor submits that, in addition to the crimes for which the First Warrant of Arrest was issued, Ali Kushayb is also criminally responsible for the crimes of: 1 ICC-02/05-01/07-73-Secret-Exp. 2 Alternative spellings of the name include: Ali Kosheib, Ali Kouchib, Ali Mohamed, Ali Kosheb, Koshib and Ali Koship. ICC-02/05-55-US-Exp; see also ICC-02/05-62-US-Exp; ICC-02/05-64-US-Exp. 4

text: -Corr (“First Warrant of Arrest”); see also ICC-02/05-01/07-1-Corr (“First Warrant of Arrest Decision”). 5 ICC-02/05-01/07-73-Secret-Exp.

text: No. ICC-02/05-01/07 3/14 11 June 2020

text: the Statute

text: the Statute

text: the Statute

text: against well over 100 civilian Fur men in Deleig and surrounding areas between on or about 5 to 7 March 2004. 4. At the outset, the Chamber finds, pursuant to

text: article 19

text: (1) of

text: the Statute

text: , that the crimes referred to in the Application fall within the jurisdiction of the Court as they are crimes referred to in

text: article 5

text: of

text: the Statute

text: , are alleged to have occurred after the entry into force of

text: the Statute

text: , and fall within the parameters of the situation referred to the Court by the United Nations Security Council pursuant to

text: article 13

text: (b) of

text: the Statute

text: . Further, in view of the Appeals Chamber’s judgment of 13 July 2006, the Chamber does not deem it appropriate to determine on its own motion pursuant to

text: article 19

text: (1) of

text: the Statute

text: , and at this stage of the proceedings which are conducted ex parte, the admissibility of the case as concerns the crimes alleged in the Application.

text: 6 Application, para. 13. 7 Security Council Resolution 1593 (2005). 8 Situation in the Democratic Republic of the Congo, “Judgment on the Prosecutor’s appeal against the decision of Pre-Trial Chamber I entitled ‘Decision on the Prosecutor’s Application for Warrants of Arrest, Article 58’”, ICC-01/04-169.

text: No. ICC-02/05-01/07 4/14 11 June 2020

text: II. Reference to crimes within the jurisdiction of the Court for which the

text: arrest of Ali Kushayb is sought and statement of facts alleged to

text: constitute those crimes

text: Article 58

text: (1)(a) of

text: the Statute

text: requires for the issuance of a warrant of arrest a finding by the Chamber that there are reasonable grounds to believe that the person committed a crime within the jurisdiction of the Court.

text: Article 58

text: (3) of

text: the Statute

text: in turn stipulates that a warrant of arrest shall contain, inter alia, “[a] specific reference to the crimes within the jurisdiction of the Court for which the person’s arrest is sought” and “[a] concise statement of the facts which are alleged to constitute those crimes”. 6. For the purpose of the issuance of the First Warrant of Arrest, Pre-Trial Chamber I found that an armed conflict not of an international character took place in Darfur between the Government of Sudan including combatants from the Sudanese Armed Forces (“SAF”) and Janjaweed/Militia, and organised armed rebel movements, including the Sudan Liberation Movement/Army and the Justice and Equality Movement, from about August 2002 until at least the time relevant for the Prosecutor’s application. 7. Pre-Trial Chamber I also found that a widespread and systematic attack by the SAF together with the Janjaweed/Militia against the civilian population of Darfur, pursuant to a policy to attack the civilian population perceived as being associated with the rebels, namely civilians primarily from the Fur, Zaghawa and Masalit tribes took place in the towns of Kodoom, Bindisi, Mukjar and Awarala and surrounding areas in Darfur between August 2003 and March 2004.

text: 9 First Warrant of Arrest, p. 3; First Warrant of Arrest Decision, paras 36-46. 10 First Warrant of Arrest, pp. 3-4; First Warrant of Arrest Decision, paras 63-67.

text: No. ICC-02/05-01/07 5/14 11 June 2020

text: Furthermore, Pre-Trial Chamber I previously found that at the time relevant to the crimes alleged in the Application, Ali Kushayb was one of the most senior tribal leaders in the Wadi Salih locality and a member of the PDF, that he commanded thousands of Janjaweed/Militia, and was a senior Janjaweed/Militia leader. 9. The Chamber sees no reason to depart from these findings, underlying the factual basis of the First Warrant of Arrest which remains in force, and which are equally applicable for the crimes described in the Application. 10. For findings in relation to the remaining facts underpinning the present warrant of arrest, the Chamber bases itself on an analysis of the evidence supporting the Application, including (i) witness statements taken by the Prosecutor; (ii) statements taken by the United Nations Commission of Inquiry (“UNCOI”); (iii) statements taken by the Sudanese National Commission of Inquiry (“NCI”); (iv) reports by the NCI; (v) [REDACTED]; (vi) lists of victims; and (vii) open source materials. The Chamber notes that the evidence supporting the Application was made available to the Chamber electronically by way of E-court. 11. The Chamber considers that the evidence available sufficiently demonstrates that in the days and weeks before the events in Deleig in early March 2004, described in detail below, coordinated attacks on villages and settlements in the surrounding areas of the Wadi Salih locality, occurring in the context of the counter-insurgency campaign, involving SAF and Janjaweed/Militia, which formed part of the armed conflict, forced villagers to flee their homes and seek refuge in the mountains and other locations,

text: 11 First Warrant of Arrest, p. 5; First Warrant of Arrest Decision, paras 95-102. 12 Application, para. 17. 13 See DAR-OTP-0194-2340 at 2347. 14 See First Warrant of Arrest Decision, paras 42, 47.

text: No. ICC-02/05-01/07 6/14 11 June 2020 before eventually converging upon Deleig in an attempt to reach relative

text: safety. It appears that due to the influx of numerous internally displaced

text: persons, the total population of Deleig, which used to amount to around 5,000

text: inhabitants before the conflict, seems to have almost quadrupled.

text: The evidence before the Chamber indicates that on or about Friday,

text: 5 March 2004, SAF including army and police together with Janjaweed/Militia

text: began to surround Deleig and blocked entry to and exit from Deleig.

text: The evidence further indicates that in the morning of that day, the SAF

text: and Janjaweed/Militia proceeded to search houses for Fur civilian men,

text: seemingly in particular those not originating from Deleig itself, and brought

text: the arrestees to a big open area next to the Deleig police station. It appears

text: DAR-OTP-0094-0091 at 0099-0102, paras 32-44; DAR-OTP-0107-1474 at 1484, 1485-1486; DAR-OTP-0116-1005 at 1017-1019, paras 60-69; DAR-OTP-0153-1868 at 1887, para. 92; DAR- OTP-0200-1540 at 1555, para. 51, at 1560-1564, paras 80-88; DAR-OTP-0202-0026 at 0042, para. 59; DAR-OTP-0202-1496 at 1520-1523, paras 71-77; DAR-OTP-0203-0164 at 0174-0175, paras 36-39; DAR-OTP-0205-0015 at 0024-0025, paras 31-34. DAR-OTP-0029-0014 at 0015; see also DAR-OTP-0116-1005 at 1019, para. 69; DAR-OTP- 0203-0165 at 0175, para. 40; DAR-OTP-0205-0015 at 0025, para. 34; DAR-OTP-0206-0105 at 0110, para. 20. DAR-OTP-0094-0091 at 0103, para. 48; DAR-OTP-0107-1474 at 1486-1487; DAR-OTP-0200- 1540 at 1564-1565, paras 90-91; DAR-OTP-0202-1496 at 1523, para. 79; DAR-OTP-0203-0164 at 0176, para. 42; DAR-OTP-0205-0015 at 0027, para. 41; DAR-OTP-0206-0105 at 0111, para. 24. DAR-OTP-0094-0091 at 0103, para. 49; DAR-OTP-0107-1474 at 1487; DAR-OTP-0128-0128 at 0151, para. 83; DAR-OTP-0200-1540 at 1565-1566, paras 93-95; DAR-OTP-0202-0026 at 0043, para. 62; DAR-OTP-0202-1496 at 1523, para. 80. DAR-OTP-0094-0091 at 0103, para. 49; DAR-OTP-0107-1474 at 1487; DAR-OTP-0202-0026 at 0044, para. 64; DAR-OTP-0202-1496 at 1523, para. 80; DAR-OTP-0203-0164 at 0176, para. 43; DAR-OTP-0206-0105 at 0112-0113, paras 26-31. DAR-OTP-0094-0091 at 0103, para. 50, at 0104, para. 53; DAR-OTP-0097-0328 at 0341, para. 51; DAR-OTP-0107-1474 at 1487; DAR-OTP-0116-1005 at 1019, para. 70; DAR-OTP-0128-0128 at 0151, para. 83; DAR-OTP-0200-1540 at 1566, paras 96-97; DAR-OTP-0201-0037 at 0058, para. 86; DAR-OTP-0202-0026 at 0043, para. 62; DAR-OTP-0202-1496 at 1523, para. 80; DAR-OTP- 0203-0164 at 0177, para. 46; DAR-OTP-0205-0015 at 0027, para. 42; DAR-OTP-0206-0105 at 0115, para. 40. See also DAR-OTP-0037-0327 at 0329.

text: No. ICC-02/05-01/07 7/14 11 June 2020 that the men brought to and held at this location numbered well over one

text: hundred.

text: The Chamber further considers that the available evidence demonstrates

text: that the arrested men were made to lie face down on the ground, that some

text: 23 24

text: had their hands tied behind their backs and were blindfolded, and that

text: they were guarded by the SAF and Janjaweed/Militia. Further, it appears

text: that the men were denied food or access to hygiene facilities while lying in

text: 27 28

text: the sun for several hours, and that some of them were beaten.

text: The Chamber considers that the evidence sufficiently establishes, at this

text: stage of the proceedings, that while the large group of men was being

text: detained at the Deleig police station as described just above, Ali Kushayb

text: 29 30

text: arrived and appeared to be the person in charge: the forces present saluted

text: 31 32

text: him and referred to him as “Jenabu Ali” (“commander Ali”), he spoke with

text: DAR-OTP-0094-0091 at 0103, para. 50; DAR-OTP-0112-0175 at 0196, para. 88; DAR-OTP- 0116-1005 at 1019, para. 71; DAR-OTP-0202-0026 at 0045, para. 68; DAR-OTP-0203-0164 at 0178, para. 48; DAR-OTP-0205-0015 at 0029, para. 49; DAR-OTP-0206-0105 at 0115, para. 40. DAR-OTP-0112-0175 at 0196, para. 88; DAR-OTP-0128-0128 at 0151, para. 84; DAR-OTP- 0200-1540 at 1566, para. 97; DAR-OTP-0201-0037 at 0058, para. 86; DAR-OTP-0202-0026 at 0044, para. 66; DAR-OTP-0203-0164 at 0178, para. 51; DAR-OTP-0205-0015 at 0027, para. 43, at 0028, para. 47; DAR-OTP-0206-0105 at 0115, para. 40. DAR-OTP-0112-0175 at 0196, para. 88; DAR-OTP-0116-1005 at 1019, paras 70-71; DAR-OTP- 0202-0026 at 0044, para. 66. DAR-OTP-0112-0175 at 0196, para. 88. DAR-OTP-0094-0091 at 0103, para. 51; DAR-OTP-0097-0328 at 0342, para. 52; DAR-OTP- 0202-0026 at 0045, para. 68; DAR-OTP-0205-0015 at 0027-0028, para. 43; DAR-OTP-0206-0105 at 0115, para. 40. DAR-OTP-0112-0175 at 0197, para. 90. DAR-OTP-0202-1496 at 1525, para. 84. DAR-OTP-0094-0091 at 0103, para. 50; DAR-OTP-0205-0015 at 0029, para. 49; DAR-OTP- 0206-0105 at 0116, para. 43. DAR-OTP-0097-0328 at 0342, para. 53; DAR-OTP-0116-1005 at 1019, para. 70; DAR-OTP- 0200-1540 at 1568, para. 105; DAR-OTP-0201-0037 at 0058, para. 85. DAR-OTP-0202-0026 at 0045, para. 69; DAR-OTP-0202-1496 at 1525, para. 83; DAR-OTP- 0203-0164 at 0178, para. 49; DAR-OTP-0205-0015 at 0029, para. 48; DAR-OTP-0206-0105 at 0116, para. 44. DAR-OTP-0200-1540 at 1568, para. 105. DAR-OTP-0200-1540 at 1568, para. 105.

text: No. ICC-02/05-01/07 8/14 11 June 2020

text: 33 34

text: the forces present and at times on a Thuraya satellite phone. It appears that

text: Ali Kushayb himself brought arrestees to Deleig, inspected each new arrival

text: 36 37

text: of detainees, that he decided which detainees should be allowed to let go,

text: that he hit some of the arrestees with a baton or axe-like object, and that he

text: stood or walked on the backs of some of the detainees lying on the ground.

text: Further, the evidence before the Chamber indicates that after at least

text: several hours of being held at the ground near the Deleig police station, the

text: detainees were told to get onto vehicles and driven off in different directions

text: under guard of armed Janjaweed/Militia and PDF members. It appears that

text: Ali Kushayb was present at the police station throughout this process and

text: until the end of the transport of the detainees which involved vehicles

text: leaving and returning repeatedly as they could not hold all detainees at the

text: same time. It is noted that it appears that not all detainees were taken away

text: in vehicles, but that some were instead released.

text: DAR-OTP-0202-0026 at 0045, para. 69. DAR-OTP-0202-0026 at 0045, para. 69; DAR-OTP-0202-1496 at 1525, para. 83; DAR-OTP- 0206-0105 at 0116, para. 43. DAR-OTP-0112-0175 at 0196, para. 87; DAR-OTP-0206-0105 at 0113, para. 32. DAR-OTP-0203-0164 at 0178, para. 50. DAR-OTP-0202-1496 at 1524, para. 82. DAR-OTP-0128-0128 at 0151, para. 84; DAR-OTP-0200-1540 at 1568, para. 107; DAR-OTP- 0206-0105 at 0116, para. 44. DAR-OTP-0203-0164 at 0178, para. 48. DAR-OTP-0094-0091 at 0105, para. 56; DAR-OTP-0097-0328 at 0342, para. 52; DAR-OTP- 0116-1005 at 1020, para. 73; DAR-OTP-0153-1868 at 1887, para. 96; DAR-OTP-0200-1540 at 1569, para. 108, at 1570, para. 111; DAR-OTP-0202-0026 at 0050, para. 91; DAR-OTP-0202-1496 at 1525-1526, para. 84; DAR-OTP-0203-0164 at 0179, para. 53; DAR-OTP-0205-0015 at 0029, para. 50. DAR-OTP-0202-0026 at 0051, para. 92, at 0052, para. 97; DAR-OTP-0205-0015 at 0030, para. 53. DAR-OTP-0203-0164 at 0179-0180, paras 53-55; DAR-OTP-0205-0015 at 0029, para. 50, at 0030, para. 52. DAR-OTP-0094-0091 at 0105, para. 58; DAR-OTP-0201-0037 at 0059, para. 90; DAR-OTP- 0202-1496 at 1525, para. 83; DAR-OTP-0203-0164 at 0180, para. 56.

text: No. ICC-02/05-01/07 9/14 11 June 2020

text: According to the evidence before the Chamber, the vehicles went into

text: different directions, including in the direction of Garsila, and returned to the

text: ground next to the Deleig police station each time without any prisoners.

text: The evidence indicates that the prisoners were brought in several groups to a

text: number of locations not far from Deleig, and then either made to line up and

text: 47 48

text: shot at, or made to continue on foot and shot. Some of the victims had their

text: hands tied behind their backs at the time of being shot at. According to the

text: evidence available to the Chamber, this led to the deaths of most of the

text: detained men.

text: Further, the Chamber considers that the available evidence demonstrates

text: sufficiently that some days after the first arrests and executions of men

text: detained at Deleig police station, probably on Sunday, 7 March 2004,

text: approximately [REDACTED] were detained, brought to Deleig, then taken

text: away and executed. Ali Kushayb was personally present and involved in

text: this undertaking.

text: DAR-OTP-0094-0091 at 0105, para. 56; DAR-OTP-0205-0015 at 0029, para. 50. DAR-OTP-0097-0328 at 0342, para. 55; DAR-OTP-0202-0026 at 0051, para. 93; DAR-OTP- 0205-0015 at 0030, para. 52. See also DAR-OTP-0205-0015 at 0031, paras 56-57, at 0032, para. 60; DAR-OTP-0206-0105 at 0118, paras 51-52. DAR-OTP-0128-0128 at 0152, para. 89; DAR-OTP-0200-1540 at 1573, para. 123. DAR-OTP-0112-0175 at 0197, para. 91. DAR-OTP-0205-0015 at 0031, paras 57-58; DAR-OTP-0206-0105 at 0118, para. 53. DAR-OTP-0112-0175 at 0197, para. 92; DAR-OTP-0200-1540 at 1572-1573, paras 121-123. See also DAR-OTP-0002-0201; DAR-OTP-0053-0063 (English translation at DAR-OTP-0153-0211); DAR-OTP-0055-0009 (English translation at DAR-OTP-0153-0251 at 0256); DAR-OTP-0060- 0222 (English translation at DAR-OTP-0153-0917); DAR-OTP-0107-1474 at 1487; DAR-OTP- 0153-1868 at 1887, para. 96. DAR-OTP-0128-0128 at 0151, para. 86; DAR-OTP-0202-1496 at 1527, para. 87, at 1528-1529, para. 90; DAR-OTP-0203-0164 at 0182, para. 63; DAR-OTP-0205-0015 at 0033, paras 63-64. See also DAR-OTP-0002-0201; DAR-OTP-0053-0063 (English translation at DAR-OTP-0153-0211); DAR-OTP-0060-0222 (English translation at DAR-OTP-0153-0917). DAR-OTP-0097-0328 at 0343, para. 58; DAR-OTP-0201-0037 at 0059, para. 92; DAR-OTP- 0202-1496 at 1529, para. 90.

text: No. ICC-02/05-01/07 10/14 11 June 2020

text: The Chamber considers that the facts as described above constitute murder as a crime against humanity and murder as a war crime pursuant to

text: articles 7

text: (1)(a) and 8(2)(c)(i) of

text: the Statute

text: against at least 100 civilian Fur men and approximately [REDACTED] in Deleig and surrounding areas between on or about 5 to 7 March 2004. 20. Further, the Chamber considers that the facts also constitute the crime against humanity of other inhumane acts pursuant to

text: article 7

text: (1)(k) of

text: the Statute

text: against well over 100 civilian Fur men in Deleig and surrounding areas between on or about 5 to 7 March 2004. The Chamber’s finding at this stage is without prejudice to further consideration, at the appropriate stage of the proceedings, as to the exact nature of acts that may amount to other inhumane acts as a crime against humanity pursuant to

text: article 7

text: (1)(k) of

text: the Statute

text: . Equally, the Chamber does not consider it necessary at this stage to entertain the question of possible concurrence of offences. 21. The Chamber also considers, on the basis of the above, that the conduct which constitutes the crimes against humanity of murder and other inhumane acts, and the war crime of murder, was committed as part of a widespread and systematic attack against the civilian population as described above, and took place in the context of an armed conflict not of an international character as also described above. 22. Further, in view of the evidence available at this stage of the proceedings indicating the role of Ali Kushayb in the crimes identified, the Chamber finds that it is sufficiently established, to the required standard of proof, that Ali Kushayb is criminally responsible for the crimes described above pursuant to articles 25(3)(a) – as a direct perpetrator, indirect perpetrator or indirect coperpetrator –, (b) – for ordering the commission of the crimes – or (d) – for contributing to the commission of the crimes – or 28(a) – as a military

text: No. ICC-02/05-01/07 11/14 11 June 2020 commander or a person effectively acting as a military commander – of

text: the Statute

text: . The Chamber does not consider it necessary, at this stage, to pronounce on the precise mode of individual criminal responsibility which may be applicable to Ali Kushayb for the crimes described above. 23. In conclusion, the Chamber finds that there are reasonable grounds to believe that Ali Kushayb is criminally responsible for murder as a crime against humanity under articles 7(1)(a) and 25(3)(a), (b) or (d) or 28(a) of

text: the Statute

text: , murder as a war crime under

text: articles 8

text: (2)(c)(i) and 25(3)(a), (b) or (d) or 28(a) of

text: the Statute

text: , and for other inhumane acts as a crime against humanity under articles 7(1)(k) and 25(3)(a), (b) or (d) or 28(a) of

text: the Statute

text: , in Deleig and surrounding areas between on or about 5 to 7 March 2004.

text: III. Whether the arrest of Ali Kushayb appears necessary

text: Pursuant to

text: article 58

text: (1)(b) of

text: the Statute

text: , a warrant of arrest can only be issued if the arrest of the person appears necessary: (i) to ensure the person’s appearance at trial; (ii) to ensure that the person does not obstruct or endanger the investigation or the court proceedings, or (iii) to prevent the person from continuing with the commission of that crime or a related crime within the jurisdiction of the Court and arising out of the same circumstances. 25. The Chamber notes that the First Warrant of Arrest, which has been issued on 27 April 2007 and made public, remains unexecuted and the proceedings against Ali Kushayb are currently stagnant. In the view of the Chamber, the fact that the First Warrant of Arrest has remained unexecuted for more than ten years is a conclusive indication that there is no prospect of Ali Kushayb voluntarily appearing and submitting himself to the jurisdiction of the Court. For this reason, his arrest appears necessary, at least, to ensure his appearance before the Court, in accordance with

text: article 58

text: (1)(b)(i) of

text: the Statute

text: No. ICC-02/05-01/07 12/14 11 June 2020

text: FOR THESE REASONS, THE CHAMBER

text: ORDERS THE ARREST OF

text: ALI MUHAMMAD ALI ABD-AL-RAHMAN (“ALI KUSHAYB”),

text: as further identified in this warrant of arrest, for his alleged criminal responsibility for: (i) Murder as a crime against humanity, pursuant to articles 7(1)(a) and 25(3)(a), (b) or (d) or 28(a) of

text: the Statute

text: against at least 100 civilian Fur men and approximately [REDACTED] in Deleig and surrounding areas between on or about 5 to 7 March 2004; (ii) Murder as a war crime, pursuant to articles 8(2)(c)(i) and 25(3)(a), (b) or (d) or 28(a) of

text: the Statute

text: against at least 100 civilian Fur men and approximately [REDACTED] in Deleig and surrounding areas between on or about 5 to 7 March 2004; (iii) Other inhumane acts as a crime against humanity, pursuant to articles 7(1)(k) and 25(3)(a), (b) or (d) or 28(a) of

text: the Statute

text: against well over 100 civilian Fur men in Deleig and surrounding areas between on or about 5 to 7 March 2004; ORDERS the Registrar, in consultation and coordination with the Prosecutor, to prepare and transmit a request for the arrest and surrender of Ali Kushayb, in accordance with

text: articles 89

text: (1) and

text: of

text: the Statute

text: , to Sudan or any other State where Ali Kushayb may be found; and to prepare and transmit to any relevant State, as necessary, a request for provisional arrest in accordance with

text: article 92

text: of

text: the Statute

text: and/or a request for transit in accordance with

text: article 89

text: (3) of

text: the Statute

text: ; and

text: No. ICC-02/05-01/07 13/14 11 June 2020

text: _____________________________ Judge Antoine Kesia‐Mbe Mindua Presiding Judge

text: _____________________________ _____________________________ Judge Tomoko Akane Judge Rosario Salvatore Aitala

text: Dated this 11 June 2020 At The Hague, The Netherlands

text: No. ICC-02/05-01/07 14/14 11 June 2020

title: The Prosecutor v. Ahmad Muhammad Harun ("Ahmad Harun") and Ali Muhammad Ali Abd-Al-Rahman ("Ali Kushayb")