WANTED BY THE ICC: Bashir, Harun, Kushayb, Hussein, & Banda (Situation: Darfur, Sudan)

The ICC has jurisdiction over grave crimes under international law committed on the territory of States Parties or by nationals of States Parties. In addition, the Court has jurisdiction over situations in any State where the situation is referred by the United Nations (UN) Security Council acting under Chapter VII of the UN Charter:

  • in October 2004 the UN Secretary-General ordered the International Commission of Inquiry on Darfur;

  • in January 2005 the results of the investigation were reported to the United Nations Security Council;

  • on 31 March 2005, the UNSC referred the situation in Darfur, Sudan to the International Criminal Court; and

  • on 6 June 2005, the Chief Prosecutor of the ICC, Luis Moreno-Ocampo, opened the investigation which resulted in the following issued arrest warrants: 

 

Wanted by ICC: Omar Hassan Ahmad Al Bashir ("Bashir") - warrants issued on 4 March 2009 & 12 July 2010

WARRANTS OF ARREST for OMAR AL BASHIR, a male, who is a national of the State of Sudan, born on 1 January 1944 in Hoshe Bannaga, Shendi Governorate, in theSudan, member of the Jaàli tribe of Northern Sudan, President of the Republic of the Sudan since his appointment by the RCC-NS on 16 October 1993 and elected as such successively since 1 April 1996 and whose name is also spelt Omar al-Bashir, Omer Hassan Ahmed El Bashire, Omar al-Bashir, Omar al-Beshir, Omar el-Bashir, Omer Albasheer, Omar Elbashir and Omar Hassan Ahmad el-Beshir.

 

COUNTS

Mr. Al Bashir is allegedly criminaly responsible ten counts on the basis of his individual criminal responsibility under Article 25(3)(a) of the Rome Statute as an indirect (co) perpetrator including:

  • five counts of crimes against humanity: murder - Article 7(1)(a); 
    extermination - Article 7(1)(b); forcible transfer - Article 7(1)(d); torture - Article 7(1)(f); and rape - Article 7(1)(g);
  • two counts of war crimes: intentionally directing attacks against a civilian population as such or against individual civilians not taking part in hostilities -Article 8(2)(e)(i); and pillaging - Article 8(2)(e)(v); and
  • three counts of genocide: genocide by killing (article 6-a), genocide by causing serious bodily or mental harm (article 6-b) and genocide by deliberately inflicting on each target group conditions of life calculated to bring about the group’s physical destruction (article 6-c).
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1st Warrant (March 2009): for war crimes and crimes against humanity in Darfur.
Bashir1stWarrant_4Mar2009.pdf
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2nd Warrant (July 2010): for genocide in Darfur.
Bashir2ndArrestWarrant_12July2010.pdf
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ICC also issued arrest warrants for Harun, Kushayb, and Hussein:

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Issued Arrest Warrant for Harun and Kushayb
HarounArrestWarrant.pdf
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HusseinEng.pdf
Adobe Acrobat document [321.4 KB]
 
 

WANTED BY ICC: Ahmad Muhammad Harun ("Ahmad Harun") - warrant issued on 27 April 2007



Title: Governor of North Kordofan of Sudan

Former Governor of South Kordofan of Sudan

Former Minister of State for Humanitarian Affairs of Sudan

Former Minister of State for the Interior of the Government of Sudan

Location:  Governor’s residence in South Kordofan, Republic of Sudan

 

Counts

Mr. Harun is allegedly criminally responsible for 42 counts on the basis of his individual criminal responsibility under articles 25(3)(b) and 25(3)(d) of the Rome Statute, including:

  • Twenty counts of crimes against humanity: murder (article7(1)(a)); persecution (article 7(1)(h)); forcible transfer of population(article 7(1)(d)); rape (article 7(1)(g)); inhumane acts (article 7(1)(k)); imprisonment or severe deprivation of liberty (article 7(1)(e)); and torture (article 7(1)(f)); and
  • Twenty-two counts of war crimes: murder (article 8(2)(c)(i)); attacks against the civilian population (article 8(2)(e)(i)); destruction of property (article 8(2)(e)(xii)); rape (article 8(2)(e)(vi)); pillaging (article 8(2)(e)(v)); and outrage upon personal dignity (article 8(2)(c).
 

Wanted by ICC: Abdel Raheem Muhammad Hussein ("Hussein") - warrant issued on 1 March 2012

 

Title: Minister of National Defence of Sudan

Former Minister of the Interior of Sudan

Former Sudanese President’s Special Representative in Darfur 

Location: Office of the Ministry of Defence in Khartoum, Republic of Sudan. 

 

Counts

The warrant of arrest for Abdel Raheem Muhammad Hussein (“Hussein”) lists thirteen counts on the basis of his individual criminal responsibility under article 25(3)(a) of the Rome Statute as an indirect (co)perpetrator including:

  • Seven counts of crimes against humanity: persecution (article 7(l)(h)); murder (article 7(1)(a)); forcible transfer (article 7(1)(d)); rape (article 7(1)(g)); inhumane acts (article 7(l)(k)); imprisonment or severe deprivation of liberty (article 7(l)(e)); and torture (article 7(1)(f)).
  • Six counts of war crimes: murder (article 8(2)(c)(i)); attacks against a civilian population (article 8(2)(e)(i)); destruction of property (article 8(2)(e)(xii)); rape (article 8(2)(e)(vi)); pillaging (article 8(2)(e)(v)); and outrage upon personal dignity (article 8(2)(c)(ii)).
 

Wanted by ICC: Ali Muhammad Ali Abd-Al-Rahman ("Ali Kushayb") - warrant issued 27 April 2007

 

Title: Alleged leader of the Militia/Janjaweed.

Location: Darfur Region in the Republic of Sudan.

 

Counts

Mr. Kushayb is allegedly criminally responsible for 50 counts on the basis of his individual criminal responsibility under articles 25(3)(a) and 25(3)(d) of the Rome Statute, including:

  • Twenty-two counts of crimes against humanity: murder (article 7(1)(a)); deportation or forcible transfer of population (article 7(1)(d)); imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law (article 7(1)(e)); torture (article 7(1)(f)); persecution (article 7(1)(h)); and inhumane acts of inflicting serious bodily injury and suffering (article 7(1)(k)).
  • Twenty-eight counts of war crimes: violence to life and person (article 8(2)(c)(i)); outrage upon personal dignity in particular humiliating and degrading treatment (article 8(2)(c)(ii)); intentionally directing an attack against a civilian population (article 8(2)(e)(i)); pillaging (article 8(2)(e)(v)); rape (article 8(2)(e)(vi)); and destroying or seizing the property (article 8(2)(e)(xii)).

Wanted by ICC: Abdallah Banda Abakaer Nourain ("Abdallah Banda") - warrant issued 11 September 2014 

 

Title: a "functionary" working within the Government of Sudan

Former Commander-in-Chief of Justice and Equality Mouvement Collective-Leadership, one of the components of the United Resistance Front

Location: Republic of Sudan.

 

On 3 March 2015, the Appeals Chamber rejected Abdallah Banda’s appeal against Trial Chamber IV’s decision replacing the summons to appear by an arrest warrant. 

 

Counts

Abdallah Banda Abakaer Nourain (Banda) is allegedly criminally responsible as co-perpetrator for three war crimes under article 25(3)(a) of the Rome Statute: 

  • violence to life, whether committed or attempted, within the meaning of article 8(2)(c)(i) of the Statute; 
  • intentionally directing attacks against personnel, installations, material, units or vehicles involved in a peacekeeping mission within the meaning of article 8(2)(e)(iii) of the Statute; and 
  • pillaging within the meaning of article 8(2)(e)(v) of the Statute.
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Issued Arrest Warrant_Banda
Banda.pdf
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Dissenting Opinion of Judge Eboe-Osuji RE: Issued Arrest Warrant_Banda
Banda_2.pdf
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