Jude Igbanoi
26 October 2009
Lagos — The Secretary General of the Pan African Lawyers' Union (PALU), Nigeria's Akin Akinbote last Monday October 19, 2009 appeared at the International Criminal Court at The Hague, for the Nigerian civilian victims of the attack on African Union Mission in Sudan (AMIS) peace keepers in Darfur.
The proceedings, currently holding at the Pre -Trial Chambers of the ICC is a confirmation hearing in the case of THE PROSECUTOR v BAHR IDRISS ABU GARDA.
Hearing in the case will continue until October 29, 2009 when the accused Abu Garda who has not waived his right to appear before the court, will arrive voluntarily in the Netherlands to meet with his counsel.
The suspect appeared voluntarily on May 18, 2009, in compliance with a summons issued by Pre-Trial Chamber I.
The ICC stated that 'It was the first time that the International Criminal Court's (ICC) judges issued a summons to appear rather than a warrant of arrest. Pre-Trial Chamber I had considered that Abu Garda would appear before the Court and that his arrest was not necessary'.
The Court's Registrar, Ms. Silvana Arbia, stated at an earlier press conference at the ICC Headquarters that "The presence of Abu Garda at the confirmation of charges hearing shows his willingness to co-operate with the court".
Abu Garda will be the first suspect to appear before the ICC in the context of the situation in Darfur, Sudan, which was referred to the Court by Resolution 1593 of the United Nations Security Council.
Garda is alleged to have committed three war crimes on September 27, 2007, against the African Union peacekeeping mission in the Sudan.
He was accused of 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.
At the confirmation hearing, the Prosecutor is expected to support each charge with sufficient evidence to establish substantial grounds that the suspect committed the crime charged.
Counsel to the 78 victims taking part in the proceedings will make opening and closing statements explaining their clients' personal interests in the case.
They would also be entitled to intervene on issues of fact or law which could affect their clients' interests.
At the Press Conference, legal representatives to the African victims in the case, Ms. Hélène Cissé and Mr. Akin Akinbote, expressed the desire of their clients to have justice done.
The Pre-Trial Chamber 1 is expected to reach a decision 60 days after the close the confirmation hearing.
The Chamber according to the release 'May confirm the charges, wholly or in part, decline to confirm them, or adjourn the hearing and request the Prosecutor to provide further evidence, or to amend the charges.'
Option of appeal against the decision of the Chambers is open to both parties in the case.
In a related press release by the Nigerian Coalition for ICC, Oby Nwankwo stated that 'Families of the fallen peacekeepers look to the Nigerian government to support the work of the Court in investigating and prosecuting these crimes.
'Nigeria's cooperation with the Court for this investigation is welcome as it will enable justice to be done. This hearing is thus an important opportunity for Nigeria to express its commitment and support for the Court's efforts to end impunity for crimes committed in Darfur and anywhere else in the world.'
The coalition noted that the situation in Darfur was referred to the International Criminal Court by the UN Security Council. It also noted that three African countries where crimes had occurred, Central African Republic, Democratic Republic of Congo and Uganda, had requested the assistance of the ICC in their pursuit of justice.
It said, 'Recently, the African Union has expressed concerns about the work of the Court, claiming it unfairly focuses on African conflicts and leaders. Thus argument ignores the fact that when the Court investigates and prosecutes those allegedly responsible for serious crimes, it does so on behalf of victims. For the sake of justice for these victims, from our peacekeepers who died in Darfur, to civilians killed in Darfur, the CAR, the DRC or Uganda, African states and Nigeria in particular should continue to support the Court's mission.'
Be the first to Write a Comment!
Copyright © 2009 This Day. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
