The Prosecutor v. Abdallah Banda Abakaer Nourain
tu)
C o u r t
Original. English No,: ICC-02/05-03/09 Date. 27 August 2009
PRE-TRIAL CHAMBER I
Before: Judge Sylvia Steiner, Presiding Judge Judge Sanji Mmasenono Monageng Judge Cuno Tarfusser
SITUATION IN DARFUR, SUDAN IN THE CASE OF THE PROSECUTOR V. ABDALLAH BANDA ABAKAER NOURAIN AND SALEH MOHAMMED JERBO JAMUS Confidential SUMMONS TO APPEAR FOR SALEH MOHAMMED JERBO JAMUS
August 2009
Legal Representatives of Victims l-egal Representatives of Applicants
Unrepresented Victims Unrepresented Applicants for Participation/Réparation
The Office of Public Counsel for The Office of Public Counsel for the Victims Defence
States Representatives Amicus Curiae
REGISTRY Registrar Defence Support Section Ms Silvana Arbid Victims and Witnesses Unit Detention Section
Victims Participation and Reparations Other Section
August 2009
PRE-TRIAL CHAMBER I of the Internahtmal Cnminal Court (the "Chamber" and the "Court", respechvely),
1 HAVING EXAMINED the "Prosecutors Applicahon under Arhcle 58",' filed by the Prosecutor on 20 November 2U08 m the record of the Situation in Darfur, Sudan, w^hereby it requested the Chamber to issue a warrant of arrest or, alternahvely, a summons to appear for Saleh Mohammed Jerbo Jamus ("Jerbo") and others,
2 HAVING EXAMINED the "Submission of infcumation on the Prosecution's Apphcahon Pursuant to Article 58 and request for summonses to appear",^ filed by the Prosecutor on 23 February 2UÜ9, whereby he requested the Chamber to issue a summons to appear for Jerbo and others,
3 HAVING EXAMINED all other supporting material and information submitted by the Prosecutor,'
4 NOTING the "Report of the Prosecuhon Submitted pursuant to Request ot the O"'hambor contained in the Confidential Annex to its decision convening a hearing of 19 August", filed by the Prosecutor on 25 August 2009",-'
' iCC-ü2/05-163-Conf-Exp, ICO-02/05-lb3-Conf-Exp-Anxs1-5 38 ' lCC-02/05-194-Conf-Exp, ICC-02/05-I94-Cont-Exp-Anxl ^ ICC-02/05-165-Conf-Exp and ICC-02/05-165-Conf-Exp-Anxsl-8, ICC-Ü2/05-172 and ICC- 02/05-172-Conf-Exp-AnxsA-B24, ICC-02/Ü5-173 and ICC-02/ü5-173-Conf-Exp-AnxsB25-B26, ICC-02/05-203 and ICC-02/05-203-Conf-Exp-Anxl, ICC-02/05-211-Conf-Exp and ICC-Ü2/05- 2n-Conf-Exp-Anxsl-2, ICC-02/05-212-Cont-Fxp, [CC-02/05-214-Conf-Exp and ICC-02/05-214- Conf-L\p-Anxl, [CC-02/05-21b-Conf-E\p-Cürr "* ICO-02/05-229. IOO-02/Ü5-229-Anxs-A-B No ICC-02/05-03/09 3/9 27 August 2009
5 NOTING the submissions of the Prosecutor in the ex parte hearing before the Chamber, held in closed session on 26 August 2009,*^
6 NOTING the "Second Decision on the Prosecutor's Apphcahon under Article 58",^ in which the Chamber explains the reasons why it is satisfied that there are reasonable grounds to believe that Jerbo is criminally responsible under arhcle 25(3)(a) of the Statute of the Court (the "Statute") for w^ar crimes and that the issuance of a summons to appear is sufficient to ensure his appearance before the Court under article 58(7) of the Statute of the Court,
7 CONSIDERING that, on the basis of the material provided by the Prcisecutor in support of his Apphcation and without prejudice to any subsequent determination that may be made under arhcle 19 of the Statute, the case against Jerbo falls within the jurisdiction of the Court;
8 CONSIDERING that, on the basis of the matenal provided by the Prc^secutor, there is no ostensible cause or self-evident factor impelling the Chamber to exercise its discrehon under arhcle 19(1) ot the Statute to determine the admissibiht\^ of the case against Jerbo at this stage;
9 CONSIDERING that there are reasonable grounds to believe that at the hme relevant to the charges alleged in the Prosecutor's Application, a protracted armed conflict not of an international character within the meaning of arhcle 8(2)(f) of the Statute existed in Darfur between the Government of Sudan and several organised armed groups, including the Sudanese
' 100-02/05-1 -7-OONF-EXP-hNG MCC-ü2/05-03/09-l-Conf No ICC-02/05-03/09 4/9 27 August 2009
Libcrahi)n Movement/Army ("SLM/A") and that Jerbo was aware of the factual Circumstances establishing the existence of the said armed conflict,
10 CONSIDERING that there are reasonable grounds to believe that, in the context of, and in associahon with, the said armed conflict, on 29 September 2007 an attack was carried out against the Atrican Union Mission in Sudan ("AMIS") personnel, installahons, material, units and vehicles that were stationed at the Military Group Site (MGS) Haskanita (Sector 8) ("MGS Haskanita"), Umm Kadada Locality, North Darfur, Sudan,
11 CONSIDERING that there arc reasonable grounds to beheve that the attack on the MGS Haskanita w^as carried out by the troops belonging to SLA- Umty, which had broken away from the SLMA/A, under the command of Jerbo, jointly with splinter forces of JEM, under the command of Abdallah Banda Abakaer Nouram ("Banda") and Bahar Idriss Abu Garda ("Abu Garda"),
12 CONSIDERING that, on the basis of the matenal provided by the Prosecutor, there are reasonable grounds to beheve that during and after the abovc-mcnhoned attack, the attackers (i) killed twelve AMIS soldiers, (ii) severely wounded eight AMIS soldiers, (in) destroyed communicahon mstallatums, d(.)rmitüries, vehicles and other materials belonging to AMIS; and (iv) appropriated property belonging to AMIS,
13 CONSIDERING that there are reasonable grounds to believe that (i) the victims of the attack were entitled to the protection afforded to civilians not taking achve part m the hostihhes, (ii) Terbo, as well as Banda and Abu Garda,
No ICC-02/05-03/09 5/9 27 August 2009 was aware of this circumstance and, thereft>re, (iii) the war crime of violence to life m the form of murder, withm the meanmg of article 8(2)(c)(i) of the Statute was committed or attempted during the attack,
14 CONSIDERING that there are reasonable grounds to believe that, (i) the object of the attack can bo considered personnel, installahons, matenal, unit or vehicles involved in a peacekeepmg mission "in accordance with the Charter of the United Nahons" withm the meaning of article 8(2)(e)(m) of the Statute, (ii) as not achvely participahng in the hoshhties, the AMIS troops - as well as the installations, material, units and vehicles involved in the AMIS mission were entitled to the protechon given to civilians or civilian objects under the internahonal law of armed conflict withm the meaning of arhcle 8(2)(e)(ui) of the Statute, (ui) Jerbo, Banda and Abu Garda were aware of the protechon to which AMIS personnel, installahons, material, unit and vehicles were entitled, (iv) therefore, the war crime of intenhonally directing attacks against personnel, installahons, material, units or vehicles involved in a peacekeeping mission within the meaning of arhcle 8(2)(e)(iii) ot the Stahite was committed,
15 CONSIDERING that there are reasonable grounds to believe that atter the attack the attackers appropriated numerous items belonging to AMIS, with the specific intent to deprive the owner of such items and to appropriate them for private or personal use, and, therefore, that the war crime of pillaging withm the meaning of arhcle 8(2)(e)(v) of the Statute was committed,
16 CONSIDERING that there are reasonable grounds to believe that (i) there was a common plan to attack the MSG Haskanita botwx^en Jerbo, Banda and
No ICC-02/05-03/09 6/9 27 August 2009
Abu Garda, and (ii) the common plan included the commission ot the abovemenhoned war crimes,
17 CONSIDERING that there are reasonable grounds to believe that the contribution of Jerbo - who was the Chief of Staff of SLA-Umty - w^as essential insofar as there are reasonable grounds to believe that he participated in the design of the common plan and w^as m command ot the splinter torces of SLA-Unity during the attack to MSG Hdskanita,
18 CONSIDERING that, on the basis of the matenal provided by the Prosecutor in support of his Application, there are reasonable grounds to believe that Jerbo is criminally responsible as a co-perpetrator or as an indirect co-perpetrator under arhcle 25(3)(a) of the Statute,
19 BEING SATISFIED that, for the above reasons, there are reasonable grounds to believe that Jerbo is criminally responsible under article 25(3)(a) ot the Statute, for I the war crime of violence to life, in the form of murder, whether committed or attempted, weithin the meaning of arhcle 8(2)(c)(i) of the Statute, 11 the war crime of intenhonally direchng attacks against personnel, installahons, materials, units and vehicles involved in a peacekeeping mission, withm the meaning of arhcle 8(2)(e)(iii) of the Statute, 111 the war crime ot pillaging, within the meanmg of arhcle 8(2)(e)(v) of theStahJte
No ICC-02/05-03/09 7/9 27 August 2009
20 CONSIDERING that (i) the issuance of a warrant of arrest does not appear necessary for the purposes of arhcle 58(1 )(b) of the Statute, and (ii) there are reasonable grounds to believe that a summons to appear for Jerbo is sufficient to ensure his appearance before the Court within the meanmg of article 58(7) of the Statute, without prejudice to the Chamber's powxT to review its determinahon under arhclos 58(1) and 5S(7) of the Statute, respechvely,
FOR THESE REASONS,
ORDERS
SALEH MOHAMMED JERBO JAMUS, a male, member of the Zaghawa tribe of Sudan, who is believed to be approximately 35 years old, bom in Shcgag Karo village. North Darfur, former Chief of Staff of SLA-Unity and currently integrated into JEM, TO APPEAR BEFORE THE COURT on Tuesday, 17 November 2009 at 10 00 hours,
ORDERS
SALEH MOHAMMED JERBO JAMUS, without prejudice to further decisions of the Chamber m this respect* (i) to refrain from discussing issues related to either the charges which form the basis of the present summons or the evidence and information presented by the Prosecutor and considered by the Chamber,
No ICC-02/05-03/09 S/9 27 August 2009
Done m both English and French, tlie English version being authoritahve
4ttdge^ylvia Steiner Presiding Judge
Judge Sanji Mmasenono Mon Judge Cuno Tarfusser
Dated this Thursday, 27 August 2009 At The Hague, the Netherlands
No ICC-02/05-03/09 9/9 27 August 2009