Gender Report Card on the International Criminal ... - YWCA Canada

OTP Situations and Cases
This second Arrest Warrant included the crime of
genocide, and is discussed in more detail in the
<strong>Gender</strong> <strong>Report</strong> <strong>Card</strong> 2010. 667
Also in 2009, the ICC issued a Summons to
Appear for Bahar Idriss Abu Garda (Abu Garda),
a rebel commander wanted in connection
with attacks on peacekeepers in Haskanita.
The Summons was issued under seal on 7 May
2009, unsealed on 17 May 2009, and Abu Garda
voluntarily made his initial appearance in The
Hague on 18 May 2009. On 8 February 2010,
Pre-Trial Chamber I issued a decision, declining
to confirm any charges against Abu Garda. 668
Summonses to Appear were also issued for two
other rebel commanders in connection with
the same Haskanita attack, for Abdallah Banda
Abakaer Nourain (Banda) and Saleh Mohammed
Jerbo Jamus (Jerbo). The Summonses were
issued under seal on 27 August 2009, unsealed
on 15 June 2010, and Banda and Jerbo made
their initial appearances before the Court on
17 June 2010. Their confirmation of charges
hearing took place in December 2010. Banda
and Jerbo have been permitted to remain at
liberty in Sudan pending their trial. The decision
confirming the charges against Banda and Jerbo
was issued on 7 March 2011 and is discussed in
detail, below.
Cooperation on Arrest Warrants
Three Arrest Warrants remain outstanding in the
Situation in Darfur, for President Al’Bashir, Harun
and Kushayb, and underscore the challenges
the ICC is facing with respect to cooperation in
implementing Arrest Warrants. Sudan’s failure to
cooperate with the Court remains a major issue,
and President Al’Bashir and the Government of
Sudan continue to enjoy support from a number
of African States, including States Parties to the
Rome Statute, as well as the AU 669 in their refusal
to comply with the orders of the ICC.
The ICC continues to remind States Parties
of their obligations under the Statute to
assist with the execution of Arrest Warrants.
Following indications that President Al’Bashir
was invited to attend the Inter-governmental
Authority for Development (IGAD) 670 summit
in Kenya on 30 October 2010, on 25 October
2010 the Pre-Trial Chamber issued a decision,
requesting observations from the Republic of
Kenya about any problem that may impede the
arrest and surrender to the ICC of President
Al’Bashir should he arrive on Kenyan territory. 671
In a response on 29 October 2010, the Kenyan
Government informed the Chamber that the
IGAD meeting was not taking place in Kenya
and that it was unaware of any impending visit
by President Al’Bashir to the country. 672 In its
667 <strong>Gender</strong> <strong>Report</strong> <strong>Card</strong> 2010, p 106-109.
668 This decision is discussed in detail in <strong>Gender</strong> <strong>Report</strong> <strong>Card</strong>
2010, p 109-111.
669 On 27 July 2010, the AU issued a declaration explicitly
calling on AU Members not to cooperate with the ICC.
Decision on the Progress <strong>Report</strong> of the Commission
on the Implementation of Decision Assembly/AU/
Dec.270(XIV) on the Second Ministerial Meeting on the
Rome Statute of the International Criminal Court (ICC),
Doc. Assembly/AU/10(XV), adopted by the Fifteenth
Ordinary Session of the Assembly of the Union on 27 July
2010 in Kampala, Uganda, available at , last visited
on 26 October 2011. For a more information see also
<strong>Gender</strong> <strong>Report</strong> <strong>Card</strong> 2010, p 101-104.
670 The IGAD is composed of Kenya, Uganda, Sudan,
Ethiopia, Djibouti and Eritrea.
671 ICC-02/05-01/09-117.
672 ICC-02/05-01/09-119.
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