Darfur rebels Banda, Jerbo face ICC judges, await November decision on trial
Two rebel commanders from Darfur yesterday appeared before the International Criminal Court in the Netherlands. At a brief hearing they learnt from the court that a chamber of three judges will consider the prosecutor’s evidence at a ‘confirmation of charges’ hearing on 22 November 2010. The judges will decide at that date whether the two men should face trial. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus are suspected of having led a deadly attack againt a base of African Union peacekeepers in September 2007. There were approximately 1000 attackers, consisting of two allied forces, one allegedly led by Banda and Bahar Idriss Abu Garda, and the other under the command of Jerbo. Abu Garda has already appeared before the court and judges cleared him of charges saying that there was not enough evidence to proceed in his case. For their suspected role in the attacks, the two rebels Banda and Jerbo were summoned by the ICC in a secret summons issued in August 2009. Pre-Trial Chamber I, consisting of three judges – one Brazilian, one Botswanan and one Italian – maintain that there are reasonable grounds to believe that Banda and Jerbo committed three war crimes: murder, pillaging, and intentionally directing attacks against a peacekeeping mission. Abdallah Banda is currently the field commander of the Justice and Equality Movement faction known as ‘Collective Leadership’, which is part of the larger United Resistance Front led by Abu Garda. In his appearance before the court, Banda identified himself saying, “I was born in 1963 in Tina. I am a revolutionary. I am now based in the north of Darfur.” “I was summoned by this court because the court has rights and duties. And I am with right and justice because I believe in justice. I came here voluntarily in response to the summons of the ICC, and I call upon everyone who has been summoned by this court to come here to exonerate themselves. And I thank this court and for everything they have given to me to enable me to come here,” said Banda. Jerbo likewise identified himself saying he is a revolutionary and was born in 1977 in Shagag Karo area in Kutum in the north of Darfur. Jerbo thanked the court and called on all summoned by the court to appear to face justice. At the time of the alleged attack in 2005, Jerbo was the chief-of-staff of the breakaway ‘Unity’ faction of the Sudan Liberation Army. Referring to the rebels’ arrival at the court on Wednesday, Prosecutor Luis Moreno-Ocampo said “This is the culmination of months of efforts to secure the co-operation of Mr Banda and Mr Jerbo.” Ocampo added in a written statement issued by the prosecutor’s office: “The rebel commanders will now face justice. Their attack on the Haskanita African Union camp in 2007 caused the death of 12 African Union peacekeepers – and worsened the plight of the thousands of civilians they came to help by leaving them without protection.” At the next hearing on 22 November, judges will decide then whether the prosecutor has enough evidence to justify a trial. The defense counsel Karim Kahn today asked for an earlier start date but his request was denied. Meanwhile, the ICC has ordered the two rebel leaders not to speak with journalists and not to make any political statements. The rebels will not be detained in the meantime and are free to leave the Netherlands.
Two rebel commanders from Darfur yesterday appeared before the International Criminal Court in the Netherlands. At a brief hearing they learnt from the court that a chamber of three judges will consider the prosecutor’s evidence at a ‘confirmation of charges’ hearing on 22 November 2010. The judges will decide at that date whether the two men should face trial.
Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus are suspected of having led a deadly attack againt a base of African Union peacekeepers in September 2007. There were approximately 1000 attackers, consisting of two allied forces, one allegedly led by Banda and Bahar Idriss Abu Garda, and the other under the command of Jerbo. Abu Garda has already appeared before the court and judges cleared him of charges saying that there was not enough evidence to proceed in his case.
For their suspected role in the attacks, the two rebels Banda and Jerbo were summoned by the ICC in a secret summons issued in August 2009. Pre-Trial Chamber I, consisting of three judges – one Brazilian, one Botswanan and one Italian – maintain that there are reasonable grounds to believe that Banda and Jerbo committed three war crimes: murder, pillaging, and intentionally directing attacks against a peacekeeping mission.
Abdallah Banda is currently the field commander of the Justice and Equality Movement faction known as ‘Collective Leadership’, which is part of the larger United Resistance Front led by Abu Garda. In his appearance before the court, Banda identified himself saying, “I was born in 1963 in Tina. I am a revolutionary. I am now based in the north of Darfur.”
“I was summoned by this court because the court has rights and duties. And I am with right and justice because I believe in justice. I came here voluntarily in response to the summons of the ICC, and I call upon everyone who has been summoned by this court to come here to exonerate themselves. And I thank this court and for everything they have given to me to enable me to come here,” said Banda.
Jerbo likewise identified himself saying he is a revolutionary and was born in 1977 in Shagag Karo area in Kutum in the north of Darfur. Jerbo thanked the court and called on all summoned by the court to appear to face justice. At the time of the alleged attack in 2005, Jerbo was the chief-of-staff of the breakaway ‘Unity’ faction of the Sudan Liberation Army.
Referring to the rebels’ arrival at the court on Wednesday, Prosecutor Luis Moreno-Ocampo said “This is the culmination of months of efforts to secure the co-operation of Mr Banda and Mr Jerbo.”
Ocampo added in a written statement issued by the prosecutor’s office: “The rebel commanders will now face justice. Their attack on the Haskanita African Union camp in 2007 caused the death of 12 African Union peacekeepers – and worsened the plight of the thousands of civilians they came to help by leaving them without protection.”
At the next hearing on 22 November, judges will decide then whether the prosecutor has enough evidence to justify a trial. The defense counsel Karim Kahn today asked for an earlier start date but his request was denied. Meanwhile, the ICC has ordered the two rebel leaders not to speak with journalists and not to make any political statements. The rebels will not be detained in the meantime and are free to leave the Netherlands.
ICC Photo: Defense lawyer Karim Khan (left), Abdallah Banda (center) and Saleh Jerbo (right).
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