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New African | Sunday, 01 April 2012 12:00am

The ICC Indictees - All African

Currently, 120 countries are States Parties to the Rome Statute. Of these, 33 are from Africa, 18 from the Asia-Pacific, 18 from Eastern Europe, 26 from Latin America and the Caribbean, and 25 from Western Europe and North America. But surprise, surprise, all the ICC indictees so far have been Africans! Below is the roll-call.

President Omar al-Bashir (SUDAN)

The Sudanese leader was indicted on 4 March 2009 on five counts of crimes against humanity and two counts of war crimes with regard to the situation in Darfur, Sudan. On 12 July 2010 he was additionally charged with three counts of genocide. He is accused of intending to partially destroy the Fur, Masalit, and Zaghawa ethnic groups by killings, “causing serious bodily or mental harm,” and “deliberately inflicting conditions of life calculated to bring about physical destruction”.


Bahr Abu Garda (SUDAN)

He was indicted on 7 May 2009 on three counts of war crimes with regard to the situation in Darfur, Sudan. He was accused of being criminally responsible for murder, pillaging, and “intentionally directing attacks against personnel, installations, materials, units and vehicles involved in a peacekeeping mission”. On 8 February 2010 Pre-Trial Chamber I ruled that the charges against him would not be confirmed and all charges against him were dropped.

 

Abdallah Banda (SUDAN)

Indicted on 27 August 2009 with three counts of war crimes. He faces similar charges to Garda (above). Banda voluntarily appeared before the Court on 17 June 2010 and the case against him is currently in the pre-trial stage.

 

Jean-Pierre Bemba (DRCONGO)

Jean-Pierre Bemba was indicted on 23 May 2008 on two counts of crimes against humanity and four counts of war crimes with regard to the situation in the Central African Republic (CAR). On 10 June 2008, the arrest warrant was replaced with an amended version that charged Bemba with three counts of crimes against humanity and five counts of war crimes. Bemba is alleged to have led the Movement for the Liberation of the Congo (MLC), a Congolese rebel movement, into the CAR after Central African President Ange-Félix Patassé sought Bemba’s assistance to fight off a rebellion led by François Bozizé. Bemba was accused of allowing his troops to rape, torture, murder, and inhumanely treat civilians. He was arrested in Belgium on 24 May 2008 and transferred to the Court on 3 July 2008; his trial began on 22 November 2010 and is ongoing.

Muammar Al Gathafi (LIBYA)

The slain Libyan leader was indicted on 27 June 2011 on two counts of crimes against humanity during the uprising against his government. The ICC alleged that he planned, in conjunction with his inner circle, a “policy of violent oppression of popular uprisings” in the early weeks of the NATO-led war against him. He is alleged to have formulated a plan whereby Libyan state security forces under his authority were ordered to use all means necessary to quell public protests against his government. Al Gathafi was killed on 20 October 2011 and the Court terminated proceedings against him on 22 November 2011.

Joseph Kony (UGANDA)

Joseph Kony was indicted on 8 July 2005 on 12 counts of crimes against humanity and 21 counts of war crimes with regard to the situation in Uganda. He is the leader of the Lord’s Resistance Army (LRA), an armed group which has been waging a war against the Ugandan government since 1987. According to the ICC arrest warrant issued for him, since 1 July 2002 “the LRA has engaged in a cycle of violence and established a pattern of ‘brutalisation of civilians’ by acts including murder, abduction, sexual enslavement, mutilation, as well as mass burnings of houses and looting of camp settlements”. Kony is still at large.

Saif al-Islam Gathafi (LIBYA)

The late Libyan leader’s son was indicted on 27 June 2011 on two counts of crimes against humanity during the Libyan uprising. Although not an official member of the government, the ICC accuses him of the same crimes as his late father.

Laurent Gbagbo (CÔTE D’IVOIRE)

The former Ivorian president was indicted on 23 November 2011 on four counts of crimes against humanity with regard to the civil war between his party’s supporters and those of current President Alassane Outtara. As President, Gbagbo is alleged to have organised, along with members of his inner circle, systematic attacks against civilians during the post-election violence that began on 28 November 2010. Gbagbo was arrested on 11 April 2011, and on 29 November 2011 he was transferred to the ICC where the case against him is currently in the pre-trial stage.

Ahmed Haroun (SUDAN)

The governor of South Kordofan was indicted on 27 April 2007 on 20 counts of crimes against humanity and 22 counts of war crimes with regard to the situation in Darfur, Sudan. He is alleged to have co-ordinated the operations of Sudanese military, police, security, and Janjaweed forces in the Darfur region while he was minister of state for the interior from April 2003 to September 2005.


Saleh Jerbo (SUDAN)

Saleh Jerbo was indicted on 27 August 2009 on three counts of war crimes with regard to the situation in Darfur, Sudan. He voluntarily appeared before the Court on 17 June 2010 and the case against him is currently in the pre-trial stage.

Germain Katanga (DRCONGO)

Indicted on 2 July 2007 on three counts of crimes against humanity and six counts of war crimes with regard to the situation in the Congo (DRC). He was transferred to the ICC on 17 October 2007. His trial began on 24 November 2009 and is ongoing.

Henry Kosgey (KENYA)

Henry Kosgey was indicted on 8 March 2011 on four counts of crimes against humanity with regard to the situation in Kenya. On 23 January 2012, Pre-Trial Chamber decided not to confirm the charges against Kosgey, therefore ending the proceedings at the ICC.

Callixte Mbarushimana (RWANDA)

Indicted on 28 September 2010 on five counts of crimes against humanity and six counts of war crimes. He is accused of commanding the Democratic Forces for the Liberation of Rwanda (FDLR), a Hutu rebel group fighting in the Kivu conflict in Congo, to attack civilians in different villages in North and South Kivu in eastern DRC. He was arrested in France on 11 October 2010 and transferred to the ICC on 25 January 2011. On 16 December 2011, Pre-Trial Chamber I failed to confirm the charges against him and ordered his release. Mbarushimana became the first person to be set free by the ICC.

Dominic Ongwen (UGANDA)

Indicted on 8 July 2005 on three counts of crimes against humanity and four counts of war crimes as a military commander and a member of the leadership of the LRA. He remains at large.

Thomas Lubanga Dyilo (DR CONGO)

After 10 years of its inception, Lubanga became the first indictee to be convicted by the ICC, on the 14th March 2012. The founding leader of the Union of Congolese Patriots was indicted on 10 February 2006 on three counts of war crimes. The Congolese authorities surrendered Lubanga to the ICC on 16 March 2006. Lubanga’s trial began on 26 January 2009.

Uhuru Kenyatta (KENYA)

Uhuru Kenyatta, who recently resigned as Kenya’s deputy prime minister and minister of finance, was indicted on 8 March 2011 on five counts of crimes against humanity. As a supporter of President Mwai Kibaki, Kenyatta is alleged to have planned, financed, and coordinated the violence perpetrated against perceived opposition supporters during the post-election violence from 27 December 2007 to 29 February 2008. All the charges against Kenyatta were confirmed by Pre-Trial Chamber II on 23 January 2012.

Ali Kushayb (SUDAN)

Indicted on 27 April 2007 on 22 counts of crimes against humanity and 28 counts of war crimes with regard to the situation in Darfur. He is alleged to be “one of the most senior leaders in the tribal hierarchy in the Wadi Salih Locality”, who commanded thousands of Janjaweed forces in the Darfur region from August 2003 to March 2004 during the Darfur conflict. The Sudanese government has refused to co-operate with the ICC and to execute the arrest warrant for Kushayb.

Francis Muthaura (KENYA)

He was indicted on 8 March 2011 on five counts of crimes against humanity. As the head of the Public Service, secretary to the cabinet, and Chairman of the National Security and Advisory Committee of President Mwai Kibaki, he is alleged to have planned, financed, and coordinated the violent response against opposition supporters during the post-election violence of 2007. All the charges against him were confirmed by Pre-Trial Chamber II on 23 January 2012.

Mathieu Ngudjolo Chui (DRCONGO)

Indicted on 6 July 2007 on three counts of crimes against humanity and six of war crimes. He is alleged to have been the commander of the Nationalist and Integrationist Front (FNI), an armed group that allegedly indiscriminately attacked the civilian population. His trial began on 24 November 2009.

Bosco Ntaganda (DR CONGO)

Indicted on 22 August 2006 on three counts of war crimes. But since then, Ntaganda has become a general in the Congolese army and still lives openly in the Kivu region of eastern DR Congo, protected by the government.

Okot Odhiambo (UGANDA)

A policy-making leadership member of the Lord’s Resistance Army, Odhiambo was indicted on 8 July 2005 on three counts of crimes against humanity and seven counts of war crimes. He is currently at large. In 2009 he told Agence France-Presse he would only surrender if there was a guarantee that he would not be turned over to the ICC.

Vincent Otti (UGANDA)

Vincent Otti was indicted on 8 July 2005 on 11 counts of crimes against humanity and 21 counts of war crimes. He was second-in-command in the LRA but in December 2007, LRA leader Joseph Kony confirmed that Otti had died amid reports that he had ordered his execution. But because Otti’s death has not been independently verified, the ICC still considers him to be at large and proceedings against him are ongoing.

William Ruto (KENYA)

Indicted on 8 March 2011 on four counts of crimes against humanity. On 1 August 2011 the charges were reduced to three counts. Ruto, a top leader in an ad hoc Kalenjin organisation, is accused of being criminally responsible for the murder, deportation, torture, and persecution of civilians in the towns of Kapsabet, Nandi Hills, Turbo, and the greater Eldoret area of Kenya during the 2007 post-election violence.

 

Joshua Arap Sang (KENYA)

He was indicted on 8 March 2011 on three counts of crimes against humanity. A broadcaster for the Kass FM radio station in Kenya, Sang is accused of inciting Kalenjin youths to target civilians of Kikuyu, Kamba, and Kisii ethnic groups, who were perceived to be supporters of the Party of National Unity.

 

Abdullah Senussi (LIBYA)

Abdullah Senussi was indicted on 27 June 2011 on two counts of crimes against humanity during the Libyan uprising. As the former head of military intelligence in Libya, he is alleged to have planned, in conjunction with the late leader Muammar Al Gathafi, to use all means necessary to quell public protests against the government. Senussi is also accused of having commanded forces in and around Benghazi and having “directly instructed the troops to attack civilians demonstrating in the city”. Senussi’s whereabouts are unknown.

 

Raska Lukwiya (UGANDA)

A former general in the LRA, Raska Lukwiya was indicted on 8 July 2005 on one count of crimes against humanity and three counts of war crimes. On 12 August 2006 the Ugandan military killed Lukwiya in a battle with LRA forces. Following the confirmation of his death, the ICC terminated proceedings against him on 11 July 2007.

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