Reparations Center for Victims of War Crimes

This week, the Office of the Prosecutor submitted a request to the court to open an investigation into the post-election violence in Kenya.  This action has been undertaken with the apparent support of the Kenyan government.  The ICC acts only when the government responsible cannot or will not act, and only when the actions involved constitute a crime against humanity or war crimes within the definitions of the Rome Statute.

The Office of the Prosecutor submitted its request and preliminary investigation on November 6, 2009.  The court has yet to issue its decision in response.

The first Sudan case has reached the confirmation of charges stage at the International Criminal Court(ICC).  This is a preliminary hearing where the judges decide whether there is enough evidence to head for a trial.  Read my article about this in the African News Journal, here. 

Bashir Idriss Abu Garda is one of four Sudanese to have public indictments issued, and the first to appear at the court.  Abu Garda was was the Chairman and General Coordinator of Military Operations for the United Resistance Front, he appeared voluntarily in The Hague in May.  Abu Garda is accused of three counts of war crimes, murder, attacking peacekeepers and pillaging as defined by the Rome Statute, which defines the functioning of the ICC.

 Hearings on the confirmation of charges were held October 26-October 30.  The judges will issue a ruling on whether or not they find sufficient evidence for a trial.  Because Abu Garda appeared voluntarily at the court, he is not in custody.

 The other three Sudanese defendants are the President of Sudan, Omar Al Bashir, Amad Harun, a former Interior Minister and Humanitarian Affairs Minister, and Ali Kushayb the leader of the Janjaweed militia.  None of them are in the custody of the court.