The International Criminal Court (ICC) has been hearing evidence against Bahr Idriss Abu Garda on three charges of war crimes for an attack on peacekeepers in Darfur in 2007.

By Thijs Bouwknegt

The political commander of the United Resistance Front is the first person to openly cooperate with the court. In asserting his innocence, Abu Garda said that appearing before the court is part of pushing the Sudanese peace process forward: “I came here because I believe in justice [...] If my presence here improves the situation in Sudan, and encourages others to come and cooperate with the ICC, then I will be satisfied.”

He is charged with commanding some 1,000 armed men to attack African Union Mission (AMIS) peacekeepers in Haskanita on November 29th, 2007.

Deputy Prosecutor Fatou Bensouda said, “The evidence will show that this attack was planned and executed under the command of Mr. Abu Garda and other co-perpetrators.”

The first prosecution witness told the court how he was shot in the back while seeking shelter in a trench but said he had never seen Abu Garda.

In court, Abu Garda offered his condolences to the victims. His lawyer, Karim Kahn added that “rather than condoning or encouraging the attack, [his client] went on record and roundly condemned it.”

Kahn said the prosecutors fell into the trap of a “convenient” case, but one that “will not pass muster” when the judges look at it more carefully.

In a closed session on October 29th, Khan will question the ICC’s lead investigator about process of charging Abu Garda with crimes in Darfur.

All parties - including representatives for 78 AMIS personnel and their families - will discuss the evidence and present closing arguments on October 29th, leaving the judges to decide if Abu Garda should stand trial.

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