Confirmation of Charges Hearings continue in The Prosecutor vs. Bahr Idriss Abu Garda

Update on the Prosecution (as of 10/27/09):
The Prosecution, headed by Ms. Fatou Bensouda, described the attack on Peacekeeprs at MGS Haskanita which took place on September 29, 2007 as a deliberate, intentional, and planned attack that resulted in the death of 12 AMIS personnel. Eight were injured as a result of the attack.

Witnesses for the Prosecution

The Court also received the first out of three Prosecution witnesses, Witness 416. He testified it was impossible to mistake the AMIS camp for anything else due to the difference in uniforms between AMIS personnel, rebels, and civilians. Witness 416 further attested to the pillaging that took place at the sight in the aftermath of the attacks, as well as to the theft of automobiles, personal goods, food and ammunition.

On Thursday, October 22, 2009 a second Prosecution witness appeared in Court. Witness 466 expressed that the AMIS mission (as he understood it) revolved around ensuring the Darfur Peace agreement was held up, as well as monitoring or safeguarding the delivery of humanitarian supplies in Darfur. While he testified the attack on MGS Haskanita took place on September 29, 2007, much of his testimony was held in a private session.

Update on the Defense (as of 10/27/09):
-Abu Garda did not plan, aid, assist, or partake in the attacks
-Mr. Abu Garda was in Libya, not Sudan, and was traveling throughout Africa as part of JEM political meetings prior to the attack. He did not threaten to or plan an attack against MGS Haskanita.
-The evidence of the OTP is unreliable, incomplete and deficient.

For more information about the hearings for Abu Garda and the investigationsin Darfur, check out AMICC's website.

A Confirmation of Charges Hearing is not a trial in itself and does not erode the presumption of innocence of the defendant; rather, it allows the ICC to hear the Prosecution, Defense, and Victims’ perspectives of the crime in order to then judge whether or not the case merits going to trial at the ICC

Tell the Obama Administration to Support the International Criminal Court's Future

The United States must attend International Criminal Court (ICC) preparations in The Hague next month for a Review Conference in 2010 which will make vital decisions on the ICC's future. There is a real danger that the U.S. will not go to the preparations. If not, the U.S. is likely to be frustrated and alienated by its experience at the conference. Before time runs out, tell President Obama and key cabinet leaders that the U.S. needs to go to the preparations.

The ICC will hold a review conference in May and June 2010 to evaluate its performance and to shape its future. Many of the preparations for it will be finalized at the next regular session of the Court's governing body, the Assembly of States Parties (ASP), November 18-26 in The Hague. Given the slow pace of the policy review, it will be fortunate if the policy timely authorizes the U.S. to go to the Review Conference. If it does, it will find that the agenda and many of its decisions were predetermined in the preparatory meetings. These decisions may make it harder for the U.S. to achieve its eventual policy goals and a closer relationship with the ICC.

The Obama administration is now determining its ICC policy, in close consultation with the Departments of State and Defense. If it waits too long to engage, it will be too late to ensure meaningful U.S. participation in the Review Conference. Tell President Obama, Secretary of State Hillary Rodham Clinton and Secretary of Defense Bill Gates that you think the U.S. should participate in this important ICC meeting next month in The Hague.

Watch Abu Garda press conference and hearings LIVE

From our friends at the Coalition for the International Criminal Court (CICC):

"On 19-30 October 2009, ICC Pre-Trial Chamber I will hold a public hearing to examine the available evidence of war crimes against Darfur rebel leader Bahr Idriss Abu Garda for alleged attacks against African Union peacekeepers at the Haskanita military base in Darfur, Sudan in September 2007. Pre-Trial Chamber I will then have 60 days to decide whether or not there is sufficient evidence to move the case forward to trial."

• The confirmation hearing will be broadcasted with a 30-minute delay here.
• A detailed agenda for the hearing is available here.
• In addition, a press conference will be held in advance of the hearing tomorrow, 16 October 2009 at 12:00 (CET time) and will be broadcasted live.

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Upcoming Event at Harvard Law School

International Criminal Justice:

Challenges of Investigating and Prosecuting War Crimes

Featuring Serge Brammertz, the Chief Prosecutor for the International Criminal Tribunal for the former Yugoslavia (ICTY)

Monday, October 5th7:00-8:30 PMPound Hall 335Harvard Law School

Hors d'oeuvres will be provided.

Co-sponsored by OPIA, the Human Rights Program at Harvard Law School,

and the War Crimes Clinic.

For more information, contact: hrp@law.harvard.edu.