Abdallah Banda Abakaer Nourain (Banda)

Abdallah Banda Abakaer Nourain (Banda) is a member of the Zaghawa tribe of Sudan, and is the current Commander‐in‐Chief of the Justice and Equality Movement (JEM) Collective‐Leadership, one of the components of the United Resistance Front.

Banda was allegedly in command of the splinter forces of the JEM during an attack carried out on 29 September 2007, on the African Union Mission in Sudan (AMIS), a peace-keeping mission stationed at the Haskanita Military Group Site (MGS Haskanita) in the locality of Umm Kadada in North Darfur, Sudan. It is alleged that the attackers killed 12 and severely wounded eight soldiers, destroyed communications facilities and other materials and appropriated property belonging to the AMIS.

Pre-Trial Chamber I  at the International Criminal Court (ICC) considered that there are reasonable grounds to believe that Banda is criminally responsible as a co-perpetrator or as indirect co-perpetrator for three war crimes under article 25 of the Rome Statute.

In particular Banda is charged with violence to life, in the form of murder, whether committed or attempted; intentionally directing attacks against personnel, installations, material, units or vehicles involved in a peacekeeping mission and pillaging.

Banda arrived voluntarily before the Court for his initial hearing on 17 June 2010 following a summons to appear issued on 27 August 2009 by Pre-Trial Chamber I.

On 8 December 2010, the Chamber held a hearing on the confirmation of the charges in the absence of Saleh Jerbo and Abdallah Banda who, on 4 and 15 November, respectively, waived their rights to be present at that hearing.

On 7 March 2011, Pre-Trial Chamber I of the ICC unanimously decided to confirm the war crimes brought by the ICC Prosecutor against Abdallah Banda and Saleh Jerbo, and committed them to trial.

On 16 March 2011, the Presidency of the ICC announced that Trial Chamber IV would be composed of Judges Fatoumata Dembele Diarra, Joyce Aluoch and Silvia Femandez de Gurmendi. The Presidency also referred the case to the new Trial Chamber and transmitted to it the full record of the proceedings before Pre-Trial Chamber I, including the decision confirming the charges.

On 17 March 2011 the Judges of Trial Chamber IV elected Judge Joyce Aluoch as the Presiding Judge for the cases of Saleh Mohammed Jerbo Jamus and Abdallah Banda Abakaer Nourain.

On 30 March 2011, at a Status Conference, Trial Chamber IV scheduled the trial to begin on 11 April 2011.

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Press Release: 08.03.2011

عربي


Pre-Trial Chamber I commits Abdallah Banda and Saleh Jerbo to trial

ICC-CPI-20110308-PR635

  • violence to life and attempted violence to life;
  • intentionally directing attacks against personnel, installations, material, units and vehicles involved in a peacekeeping mission; and
  • pillaging.

Situation: Darfur, Sudan
Case: The Prosecutor v. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus

On Monday, 7 March 2011, Pre-Trial Chamber I of the International Criminal Court (ICC) unanimously decided to confirm the charges of war crimes brought by the ICC’s Prosecutor against Abdallah Banda Abakaer Nourain (Abdallah Banda) and Saleh Mohammed Jerbo Jamus (Saleh Jerbo), and committed them to trial.

In accordance with article 61 of the Rome Statute, Pre-Trial Chamber I found substantial grounds to believe that Abdallah Banda and Saleh Jerbo are criminally responsible as co-perpetrators within the meaning of article 25(3)(a) of the Statute, for three war crimes:

These crimes were allegedly committed during an attack led by Abdallah Banda and Saleh Jerbo and other commanders and directed against the compound of the African Union Mission in Sudan at Haskanita on the evening of 29 September 2007. The Chamber found substantial grounds to believe that the attack was directed to personnel, installations, material, units and vehicles involved in a peacekeeping mission in accordance with the Charter of the United Nations which were entitled to the protection afforded to civilians and civilian objects.

Pre-Trial Chamber I therefore committed the accused to trial before a Trial Chamber, whose bench will be announced shortly by the Presidency of the Court.

Background

On 17 June 2010, Abdallah Jerbo and Saleh Banda appeared voluntarily before the Court in compliance with summonses to appear issued by Pre-Chamber I. On 8 December 2010, the Chamber held the hearing on the confirmation of the charges in the absence of Saleh Jerbo and Abdallah Banda who, on 4 and 15 November, respectively, waived their rights to be present at that hearing. 

This case is the fourth in the situation in Darfur after the cases of The Prosecutor v. Ahmad Muhammad Harun (“Ahmad Harun”) and Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”), The Prosecutor v. Omar Hassan Ahmad Al Bashir and The Prosecutor v. Bahar Idriss Abu Garda

The suspects (Ahmad Harun and Ali Kushayb, and Omar Ahmad Al Bashir) in the first two cases remain at large. Bahar Idriss Abu Garda appeared voluntarily before the ICC on 18 May 2009. The confirmation of charges hearing took place from 19 to 29 October 2009. On 8 February 2010, Pre-Trial Chamber I declined to confirm the charges against him. 

The situation in Darfur was referred to the ICC by United Nations Security Council resolution 1593 on 31 March 2005, under article 13(b) of the Rome Statute. 

Corrigendum of the "Decision on the Confirmation of Charges"

For further information, please contact Fadi El Abdallah, Associate Legal Outreach Officer, by telephone at: +31 (0)70 515-9152 or by e-mail at: fadi.el-abdallah@icc-cpi.int.