The ICC declined to confirm charges against Sudanese rebel leader Bahar Idriss Abu Garda on Monday, citing a lack of evidence. Abu Garda was accused of directing an attack that killed a dozen African Union peacekeepers in Sudan’s strife-torn Darfur region in 2007. Prosecutors say they will appeal the decision.

By Thijs Bouwknegt

The court’s pre-trial chamber refused to move the case forward to trial, saying it “was not satisfied that there was sufficient evidence to establish substantial grounds to believe that Bahar Idriss Abu Garda could be held criminally responsible either as a direct or as an indirect co-perpetrator for the commission of the crimes.”

The judges noted that Monday’s decision does not preclude the prosecution from requesting the confirmation of the charges against Abu Garda at a later date, “if such request is supported by additional evidence.”

Haskanita attack
Abu Garda commands the United Resistance Front, a splinter group of the rebel Justice and Equality Movement. He was the first person to appear voluntarily before the court in The Hague in response to a summons last May and was allowed to return to Darfur after his initial appearance.

Prosecutors sought to charge him with three war crimes: murder, attacks against a peacekeeping mission and pillaging. They charged that the crimes were committed when 1,000 rebels attacked the African Union’s Haskanita camp in South Darfur state on 29 September 2007.

The attack killed 12 peacekeepers serving with the AU Mission in Sudan (AMIS) and wounded eight others. Most of the soldiers were “executed” - shot at close range - prosecutors said.

Rule of law
Abu Garda has always denied being part of the attack and went to The Hague because he “believe[s] in the rule of law.” However, “ I do not believe that I rightfully belong here,” he told ICC judges last year. 

Karim Khan, defence lawyer for Abu Garda, welcomed the decision. “The judges have done exactly what they should have done. Abu Garda has confidence in their independence and impartiality.” During pre-trial hearings last year Khan said Abu Garda “did not order the attack on Haskanita. He did not encourage it [...], he did not participate in it. Rather than condoning or encouraging it, he went on record and roundly condemned it.”

“Fair trial ”
The Coalition for the ICC – a civil society network advocating for a fair, effective and independent ICC - also applauded the ruling, saying: “The decision [...] shows that the ICC judges abide by strictest standards of fair trial including high respect for the presumption of innocence and serious examination of the evidence before them.”

The AMIS mission was the predecessor to the joint UN-AU peacekeeping mission which is tasked with quelling the violence in Darfur. To date an estimated 300,000 people have died and another 3 million displaced as a result of fighting that began in 2003 between government forces and allied Arab militiamen, known as the Janjaweed.

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