Situation: Darfur (Sudan)
Case: The Prosecutor v. Ahmad Muhammad Harun ("Ahmad Harun") and Ali Muhammad Al Abd-Al-Rahman ("Ali Kushayb")
On 2 May 2007, Pre-Trial Chamber I issued warrants of arrest for crimes against humanity and war crimes for Ahmad Muhammad Harun, former Minister of State for the Interior of the Government of Sudan and currently Minister of State for Humanitarian Affairs, and Ali Muhammad Al Abd-Al-Rahman ("Ali Kushayb"), a leader of the Militia/Janjaweed.
Having examined the request and evidence submitted by the Prosecutor, the Chamber concluded that "there are reasonable grounds to believe that Ahmad Harun, by virtue of his position, had knowledge of the crimes committed against the civilian population and of the methods used by the Militia/Janjaweed; and that in his public speeches Ahmad Harun not only demonstrated that he knew that the Militia/Janjaweed were attacking civilians and pillaging towns and villages, but also personally encouraging the commission of such illegal acts."
Also the Chamber concluded that there are reasonable grounds to believe that Ali Kushayb, leader of the Militia/Janjaweed in the Wadi Salih enlisted fighters, armed, funded and provided supplies to the Militia /Janjaweed under his command thereby intentionally contributing to the commissions of the crimes. He personally participated in some of the attacks against civilians.
The Chamber considers that there are reasonable grounds to believe that these persons will not voluntarily present themselves before the Court. Therefore, in order to meet the requirements of the Rome Statute the Chamber has decided to issue warrants of arrest.
The Chamber ordered the Registrar to prepare two requests for co-operation seeking the arrest and surrender of Ahmad Harun and Ali Kushayb and containing the relevant information and documents; and to transmit such requests to the competent Sudanese authorities in accordance with rule 176(2) of the Rules of Procedure and Evidence. All States Parties to the Rome Statute will also receive the information as well as all United Nations Security Council members that are not States Parties to the Rome Statute; and to Egypt, Eritrea, Ethiopia and Libya.
According to the findings of the Chamber, an armed conflict took place between the Government of Sudan including combatants from the Sudan People's Armed Forces ("the Sudanese Armed Forces") and the Popular Defence Force (the "PDF") along with the Militia/Janjaweed against organised rebel groups, including the Sudanese Liberation Movement/Army (SLM/A) and the Justice and Equality Movement (JEM) in Darfur, Sudan.
It is alleged that the Sudanese Armed Forces and the Militia/Janjaweed, acting together as part of the counter-insurgency campaign, carried out several attacks on the towns of Kodoom, Bindisi, Mukjar, Arawala and surrounding areas in 2003 and 2004. In the above mentioned towns criminal acts were committed against civilians primarily from the Fur, Zaghawa and Masalit populations.
Ahmad Harun served from 2003 to 2005 as Minister of the State for the Interior of the Government of Sudan and he was in charge of the management of the "Darfur Security desk" thereby co-ordinating the different bodies of the Government involved in the counter-insurgency, including the Police, the Armed Forces, the National Security and Intelligence Service and the Militia/Janjaweed.
Ali Kushayb was one of the most senior leaders in the Militia/Janjaweed and member of the PDF. He was perceived as the "mediator" between the leaders of the Militia/Janjaweed and the Government of Sudan.
The warrant of arrest for Ahmad Muhammad Harun lists 42 counts on the basis of his individual criminal responsibility (articles 25(3)(b) and 25(3)(d) of the Rome Statute) including:
- Twenty counts of crimes against humanity
(murder - articles 7(1)(a) and 25(3)(d); persecution - articles 7(1)(h)
and 25(3)(d); forcible transfer of population - articles 7(1)(d) and 25(3)(d);
rape - articles 7(1)(g) and 25(3)(d); inhumane acts - articles 7(1)(k)
and 25(3)(d)); imprisonment or severe deprivation of liberty - articles
7(1)(e) and 25(3)(d); and torture - articles 7(1)(f)) and 25(3)(d); and
- Twenty-two counts of war crimes (murder - articles 8(2)(c)(i) and 25(3)(d); attacks against the civilian population - articles 8(2)(e)(i) and 25(3)(d); destruction of property - articles 8(2)(e)(xii) and 25(3)(d); rape - articles 8(2)(e)(vi) and 25(3)(d); pillaging (articles 8(2)(e)(v) and 25(3)(d); and outrage upon personal dignity - articles 8(2)(c)(ii) and 25(3)(d)).
- 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); tortures - article 7(1)(f); persecution - article
7(1)(h); 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); destroying or seizing the property - article 8(2)(e)(xii)).