On 8 February 2010, Pre-Trial Chamber I of the International Criminal Court (ICC) issued its decision declining the confirmation of charges in the case against Sudanese rebel Bahar Idriss Abu Garda. The Chamber found that there was insufficient evidence to establish substantial grounds to believe that Abu Garda was responsible as a direct or indirect co-perpetrator of the crimes of which he was charged.

Abu Garda was charged with crimes which allegedly took place during an attack on the African union Mission in Sudan (AMIS) at the Haskanita Military Group Site on 29 September 2009.  Abu Garda was accused as a co-perpetrator or as an indirect co-perpetrator of committing three war crimes under article 25(3)(a) of the Rome Statute: violence to life, intentionally directing attacks against personnel, installations, material, units and vehicles involved in a peacekeeping mission, and pillaging.

The court based its decision on the lack of evidence brought by the prosecutor to show that Abu Garda took part in a common plan to attack MGS Haskanita. It stated that the decision does not preclude the Prosecutor from requesting the confirmation of charges if the request is supported by additional evidence, and that the Prosecutor can still seek leave to appeal the Pre-Trial Chamber’s decision.

On 18 May 2009Abu Garda appeared at a courtroom at the ICC in compliance with a summons issued by Pre-Trial Chamber I. A confirmation of charges hearing was held from 19-30 October 2009.

Abu Garda, a member of the Zaghawa tribe of Sudan, is the current Chairman and General Co-ordinator of Military Operations of the United Resistance Front. From January 2005 until September 2007 Abu Garda was the Vice-President of the Sudanese armed group known as the Justice and Equality Movement (JEM). On 4 October 2007 he declared, together with others, the formation of a new armed faction called JEM Collective Leadership (“JEM-CL”).