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Left to right: Karim Khan, Defence Counsel for Mr Banda
and Mr Jerbo ©ICC-CPI/Toussaint Kluiters |
Situation in Darfur, Sudan
Case: The Prosecutor v. Abdallah Banda Abakaer Nourain
and Saleh Mohammed Jerbo Jamus
On 17 June, 2010, Pre-Trial Chamber I set the date of the
beginning of the confirmation of charges hearing in the case of
The Prosecutor v. Abdallah Banda Abakaer Nourain (Banda)
and Saleh Mohammed Jerbo Jamus (Jerbo) for 22
November, 2010.
Presiding Judge Sylvia Steiner declared that this scheduled date
is without prejudice for the Chamber to review this date for
advancement or postponement after being informed of specific
information on disclosure of evidence to the Defence and on
witness protection.
The decision was announced at the voluntary, initial appearance
of Mr Banda and Mr Jerbo before the International Criminal Court
(ICC) in compliance with the summonses to appear issued by
Pre-Trial Chamber I. Both are suspected of having committed
three war crimes during the attack against the peacekeeping
mission of the African Union in North Sudan in September 2007.
During the initial appearance hearing, Pre-Trial Chamber I
ensured that the two suspects were informed of the crimes that
they are alleged to have committed and that they understood
their rights under the Rome Statute.
Defence Counsel for the suspects, Karim Khan, stated that at
this stage his clients do not waive their right to attend the
confirmation of charges hearing, and that their final decision
on that matter will be taken in due course. Article 61 of the
Rome Statute provides that a confirmation hearing may be held in
the absence of a suspect when the person has “waived his or her
right to be present,” or “fled or cannot be found and all
reasonable steps have been taken to secure his or her appearance
before the Court and to inform the person of the charges, and
that a hearing to confirm those charges will be held.” In that
case, the person shall be represented by counsel where the
Pre-Trial Chamber determines that it is in the interests of
justice.
A confirmation hearing is held to determine whether there is
sufficient evidence to establish substantial grounds to believe
that the person committed each of the crimes charged. If the
charges are confirmed, the Pre-Trial Chamber commits the case
for trial before a trial chamber, which will conduct the
subsequent phase of the proceedings: the trial.
After their initial appearance, Mr Banda and Mr Jerbo will leave
the Netherlands. They had arrived on 16 June at the premises of
the Court and stayed in a location assigned to them by the ICC.
Mr Banda and Mr Jerbo are charged with three war crimes:
(violence to life, in the form of murder, whether committed or
attempted, intentionally directing attacks against personnel,
installations, materials, units, and vehicles involved in a
peacekeeping mission, and pillaging) allegedly committed during
an attack carried out on 29 September, 2007, against the African
Union Mission in Sudan (AMIS), a peace-keeping mission stationed
at the Haskanita Military Group Site, in the locality of Umm
Kadada, North Darfur. It is alleged that the attackers killed 12
and severely wounded eight soldiers, destroyed communications
facilities and other materials and appropriated property
belonging to the AMIS. |
