Pre-Trial Chamber I informs the United Nations Security Council about the lack of cooperation by the Republic of the Sudan in the case against Harun and Kushayb

Situation: Darfur (Sudan)
Case: The Prosecutor v. Ahmad Muhammad Harun (Ahmad Harun) and
Ali Muhammad Ali Abd-Al-Rahman (Ali Kushayb)

On 25 May, 2010, Pre-Trial Chamber I of the International Criminal Court (ICC) ordered the ICC Registrar to transmit the decision informing the United Nations Security Council about the lack of cooperation by the Republic of the Sudan in the case of the Prosecutor v. Ahmad Muhammad Harun (Ahmad Harun) and Ali Muhammad Ali Abd-Al Rahman (Ali Kushayb), in order for the Security Council to take any action it may deem appropriate.

Pre-Trial Chamber I was seized by the Prosecution’s request of 19 April, 2010, and concluded that the Republic of the Sudan is failing to comply with its cooperation obligations stemming from the Security Council Resolution 1593 (2005) in relation to the enforcement of the warrants of arrest issued by the Chamber against Ahmad Harun and Ali Kushayb. This decision is however without prejudice to other decisions or actions that the Chamber may take in respect of other cases arising in the situation in Darfur, Sudan

The Republic of the Sudan is not a State Party to the Rome Statute. However, it has the obligation to “cooperate fully with and provide any necessary assistance to the Court and the Prosecutor” pursuant to paragraph 2 of the Security Council resolution 1593 (2005). The Republic of the Sudan is a member of the United Nations since 12 November, 1956, and has agreed “to accept and carry out the decisions of the Security Council” in accordance with article 25 of the Charter of the United Nations.

Background information

The United Nations Security Council, acting under Chapter VII of the Charter of the United Nations, referred the situation in Darfur since 1 July, 2002 to the Prosecutor of the International Criminal Court in resolution 1593 on 31 March, 2005. The Prosecutor concluded that the statutory requirements for initiating an investigation were satisfied and decided to open the investigation, on 6 June, 2005.

On 2 May, 2007, Pre-Trial Chamber I issued warrants of arrest for crimes against humanity and war crimes for Ahmad Harun, former Minister of State for the Interior of the Government of Sudan, and Ali Kushayb, an alleged leader of the Militia/Janjaweed. It is alleged crimes such as murder of civilians, rape and outrages upon the personal dignity of women and girls, persecution, forcible transfers, imprisonment or severe deprivation of liberty, and attacks intentionally directed against civilians were committed during an armed conflict which took place allegedly between the Government of Sudan including combatants from the Sudan People’s Armed Forces and the Popular Defence Force along with the Militia/Janjaweed, against organised rebel groups, including the Sudanese Liberation Movement/Army and the Justice and Equality Movement in Darfur, Sudan.

A third warrant of arrest was issued on 4 March, 2009, for Sudanese President Omar Al Bashir listing war crimes and crimes against humanity. In the same context of the Situation in Darfur, the Chamber declined, on 8 February, 2010, to confirm the charges of war crimes against Bahar Idriss Abu Garda due to insufficient evidence. Finally, the Chamber is examining the Prosecutor’s application for the issuance of warrants of arrest or summons to appear against two other individuals for war crimes committed during the attack on African Union peacekeepers in Darfur on 29 September, 2007.

Decision informing the United Nations Security Council about the lack of cooperation by the Republic of the Sudan

Information sheet on the case against Harun and Kushayb

For further information please contact Ms Sonia Robla, Chief of Public Information and Documentation Section at +31 (0)70 515-8089 or +31 (0) 6 46 44 87 26 or at [email protected].