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ICC drops charges against Sudan rebel leader

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The International Criminal Court (ICC) on Monday declined to confirm charges against Darfur rebel chief Bahr Idriss Abu Garda. The ruling came after a preliminary hearing in October to address war crimes charges that arose out of Abu Garda's alleged involvement in the September 2007 attacks against a peacekeeping mission located in North-Darfur. Despite the pre-trial chamber's finding that the mission was entitled to civilian protection under the international law of armed conflicts, and that the case was of the appropriate severity to move forward, the chamber unanimously found that the prosecution did not sufficiently demonstrate that the charges against Abu Garda could withstand scrutiny at trial. If the prosecution provides additional evidence, it may still seek the confirmation of the charges, or it may petition the chamber to appeal the decision. The ICC completed the confirmation of charges hearing in October, during which prosecutors alleged that Abu Garda controlled the Justice and Equality Movement during the 2007 attacks, which resulted in the death of 12 African Union Mission in Sudan (AMIS) soldiers and several injuries. The defense argued that Abu Garda is not responsible for the attack and that the AMIS had lost its protected status under international law, making it a legitimate military target. Abu Garda is the first suspect to appear before the ICC with regard to the Darfur situation, making his first appearance in May 2009 to deny responsibility for war crimes.

Full post as published by JURIST - The Paper Chase on February 08, 2010 (boomark / email).