The International Criminal Court will start confirmation of charges hearings in the case against Darfur rebel leader Abu Garda on Monday 19 October.

By Thijs Bouwknegt

A confirmation hearing is held to ensure that no case goes to trial unless there is sufficient evidence to establish substantial grounds to believe that the person committed the crime with which he has been charged.

Bahr Idriss Abu Garda has the right to attend the hearing or in his absence be represented by counsel.

On 18 May this year Darfur rebel Abu Garda, a member of the Zaghawa tribe of Sudan, appeared for the first time before ICC in The Hague. He travelled to The Netherlands of his own free will. He was allowed to leave for Darfur after his initial appearance. 

Denies involvement

The 46-year-old Abu Garda faces three counts of war crimes, including murder and pillaging, for commanding about 1,000 men to attack international peacekeepers in 2007. The assault killed 12 African Union soldiers and seriously wounded eight others at their military base in Haskanita, in north Darfur.

Abu Garda has denied any involvement in the attack and said he was prepared to go The Hague.

The former commander of the Justice and Equality Movement (JEM) is the first suspect to have surrendered voluntarily to the ICC. He is also the first to appear before the ICC in relation to the Darfur conflict, which the UN says has claimed 300,000 lives and displaced more than 2 million people.

Attacking peacekeepers

While the rebel attacks on the peacekeepers have not been on the same scale as the crimes committed in the Sudanese government's military campaigns in Darfur, "they are nonetheless serious crimes that also have major implications for civilians," human rights organisations say.

ICC prosecutor Luis Moreno Ocampo described the act as "the most serious attack against peacekeepers in Darfur." He believes the latest indictment will be a strong warning to Sudanese rebels carrying out attacks against peacekeepers that their actions will no go unpunished.

Darfur and the ICC

In addition to Abu Garda's summons, three public arrest warrants have already been issued in the ICC's Darfur investigation. Sudanese President Omar Hassan al Bashir was indicted in March for seven counts of war crimes and crimes against humanity. The court has issued arrest warrants for two other men, the State Minister for Humanitarian Affairs, Ahmed Haroun, and a "Janjaweed" militia leader, Ali Koshayb.

To date, none of the three outstanding arrest warrants have been executed. Sudan says the prosecution of Abu Garda had not changed its opinion of the ICC, which it has dismissed as part of a Western plot against Khartoum.