Case: Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus
Abdallah Banda Abakaer Nourain
Position Former Commander-in-Chief of the Justice and Equality Movement (JEM)-Collective Leadership, part of the United Resistance Front
Charges Allegedly co-perpetrator of three war crimes (violence to life, intentionally directing attacks against a peacekeeping mission and pillaging)
Status Charges confirmed; awaiting trial
Saleh Mohammed Jerbo Jamus
Position Former Chief of Staff of the Sudan Liberation Army (SLA)-Unity and later integrated into Justice and Equality Movement (JEM)
Charges Allegedly co-perpetrator of three war crimes (violence to life, intentionally directing attacks against a peacekeeping mission and pillaging)
Status Charges confirmed; awaiting trial
Summary
The defendants in the case against Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus appeared voluntarily on before the Court June 15, 2010 in response to summonses to appear issued and unsealed by Pre-Trial Chamber I. Banda and Jerbo are accused for war crimes allegedly committed during an attack carried out by forces of the Justice and Equality Movement (JEM) on September 29, 2007 against the African Union Mission in Sudan (AMIS), a peacekeeping mission stationed at the Haskanita Military Group site in North Darfur. The attackers killed 12 and severely sounded eight soldiers. The Pre-Trial Chamber found substantial grounds to believe that Banda and Jerbo took part in a common plan to attack the MGS Haskanita and carried the attack out in a coordinated manner, designing and planning the attack, ordering and providing the necessary troops, equipment and materials, and personally participating in leading the attack and looting property. Pre-Trial Chamber I has granted 89 persons the status of victim participants in the case.
- The Case of the Prosecutor v. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus at the International Criminal Court, by John Groom (July 28, 2010)
- ICC, Case Information Sheet "The Prosecutor v. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus"
Timeline
November 20, 2008 Prosecutor submits evidence and an application for arrest warrants of Mr. Banda and Mr. Jerbo Pre-Trial Chamber I the charging rebel commanders for war crimes in Darfur.
February 23, 2009 Prosecutor files a "Submission of information on the Prosecutor's application pursuant to article 58 and request for summonses to appear" which partially modifies his original application.
August 27, 2009 Pre-Trial Chamber I issues under seal summonses to appear for Banda and Jerbo.
June 15, 2010 Summonses to appear are unsealed.
June 17, 2010 Two suspects appear voluntarily before Pre-Trial Chamber I which informs them of their alleged crimes and their rights under the Rome Statute.
November 4 and 15, 2010 Mr. Banda and Mr. Jerbo waive their rights to be present at the confirmation of charges hearing
December 8, 2010 Pre-Trial Chamber I conducts a confirmation of charges hearing.
March 7, 2011 Pre-Trial Chamber I unanimously decides to confirm the charges of war crimes brought by the Prosecutor against Banda and Jerbo and thereby commits them to trial.
March 16, 2011 ICC Presidency constitutes Trial Chamber IV and refers to it the case against Banda and Jerbo.
October 26, 2012 Trial Chamber IV rejects the defense request, made in January 2012, for a temporary stay of proceedings. The judges also request submissions regarding the start date of the trial.
March 6, 2013 ICC accounces that the trial will begin on May 5, 2014 in order to ensure adequate preparations, including witness protection and training for interpreters.
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