ICC-02/05-01/07

Pre-trial

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

Ahmad Muhammad Harun ("Ahmad Harun")

Former Minister of State for the Interior of the Government of Sudan;
Minister of State for Humanitarian Affairs of Sudan.

Mr Harun is allegedly criminally responsible for 42 counts on the basis of his individual criminal responsibility under articles 25(3)(b) and 25(3)(d) of the Rome Statute, including:

• Twenty counts of crimes against humanity: murder (article7(1)(a)); persecution (article 7(1)(h)); forcible transfer of population(article 7(1)(d)); rape (article 7(1)(g)); inhumane acts (article 7(1)(k)); imprisonment or severe deprivation of liberty (article 7(1)(e)); and torture (article 7(1)(f)); and
• Twenty-two counts of war crimes: murder (article 8(2)(c)(i)); attacks against the civilian population (article 8(2)(e)(i)); destruction of property (article 8(2)(e)(xii)); rape (article 8(2)(e)(vi)); pillaging (article 8(2)(e)(v)); and outrage upon personal dignity (article 8(2)(c)(ii)).

Ali Muhammad Ali Abd-Al-Rahman ("Ali Kushayb")

Mr Kushayb is allegedly criminally responsible for 50 counts on the basis of his individual criminal responsibility under articles 25(3)(a) and 25(3)(d) of the Rome Statute, including:

• Twenty-two counts of crimes against humanity: murder (article 7(1)(a)); deportation or forcible transfer of population (article 7(1)(d)); imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law (article 7(1)(e)); torture (article 7(1)(f)); persecution (article 7(1)(h)); and inhumane acts of inflicting serious bodily injury and suffering (article 7(1)(k)).
• Twenty-eight counts of war crimes: violence to life and person (article 8(2)(c)(i)); outrage upon personal dignity in particular humiliating and degrading treatment (article 8(2)(c)(ii)); intentionally directing an attack against a civilian population (article 8(2)(e)(i)); pillaging (article 8(2)(e)(v)); rape (article 8(2)(e)(vi)); and destroying or seizing the property (article 8(2)(e)(xii)).

ICC-02/05-01/09

Pre-trial

The Prosecutor v. Omar Hassan Ahmad Al Bashir

Omar Hassan Ahmad Al Bashir

Mr Al Bashir is allegedly criminaly responsible ten counts on the basis of his individual criminal responsibility under Article 25(3)(a) of the Rome Statute as an indirect (co) perpetrator including:

• five counts of crimes against humanity: murder - Article 7(1)(a);
  extermination - Article 7(1)(b); forcible transfer - Article 7(1)(d); torture - Article 7(1)(f); and rape - Article 7(1)(g);
• two counts of war crimes: intentionally directing attacks against a
  civilian population as such or against individual civilians not taking part in hostilities -Article 8(2)(e)(i); and pillaging - Article 8(2)(e)(v).
• Three counts of genocide: genocide by killing (article 6-a), genocide by causing serious bodily or mental harm (article 6-b) and genocide by deliberately inflicting on each target group conditions of life calculated to bring about the group’s physical destruction (article 6-c).

ICC-02/05-02/09

Pre-trial

The Prosecutor v. Bahar Idriss Abu Garda

Bahar Idriss Abu Garda

Born in Nana, North Darfur. Believed to be in his early forties.

Tribe Zaghawa.

Chairman and General Coordinator of Military Operations of the United Resistance Front.

Pre-Trial Chamber I is of the opinion that there are reasonable grounds to believe that Mr Abu Garda is criminally responsible as a co-perpetrator or as an indirect co-perpetrator for three war crimes under article 25(3)(a) of the Rome Statute:

• violence to life in the form of murder, whether committed or attempted, within the meaning of article 8(2)(c)(i) of the Statute;
• intentionally directing attacks against personnel, installations, material, units or vehicles involved in a peacekeeping mission within the meaning of article 8(2)(e)(iii) of the Statute; and
• pillaging within the meaning of article 8(2)(e)(v) of the Statute.

On 8 February 2010, Pre-Trial Chamber I refused to confirm the charges against Mr Abu Garda. On 23 April, 2010, Pre-Trial Chamber I issued a decision rejecting the Prosecutor's application to appeal the decision declining to confirm the charges. The decision does not preclude the Prosecution from subsequently requesting confirmation of the charges if such a request is supported by additional evidence.

ICC-02/05-03/09

Pre-trial

The Prosecutor v. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus

Abdallah Banda Abakaer Nourain

Saleh Mohammed Jerbo Jamus

Mrss Abdallah Banda Abakaer Nourain (Banda) and Saleh Mohammed Jerbo Jamus (Jerbo) are allegedly criminally responsible as co-perpetrators for three war crimes under article 25(3)(a) of the Rome Statute:

• violence to life, whether committed or attempted, within the meaning of article 8(2)(c)(i) of the Statute;
• intentionally directing attacks against personnel, installations, material, units or vehicles involved in a peacekeeping mission within the meaning of article 8(2)(e)(iii) of the Statute; and
• pillaging within the meaning of article 8(2)(e)(v) of the Statute.