The Prosecutor v. Al Bashir
Allegations & Charges
Omar Hassan Ahmed Al Bashir (Al Bashir) is the President of the Republic of Sudan and the Commander-in-Chief of the Sudanese Armed Forces. The ICC Office of the Prosecutor (OTP) alleges that around April 2003, along with other top political and military leaders of the Government of the Republic of Sudan, Al Bashir established a common plan to carry out a counter-insurgency campaign against armed groups opposing the Government of the Republic of Sudan, including the Sudanese Liberation Movement/ Army (SLM/A) and Justice and Equality Movement (JEM), intending to maintain security in Darfur by attacking civilian populations.
Attacks by the Sudanese Armed Forces, militias, and Janjaweed often allegedly targeted civilians from the Fur, Zaghawa and Masalit populations, and included murder, rape and sexual violence, extermination, forcible transfer of population, and pillaging. As President and Commander-in-Chief, Al Bashir allegedly exercised control over the forces which implemented this common plan against the civilian population, including the Sudanese Armed Forces, the militia/Janjaweed, the National Intelligence and Security Service (NISS), and the Humanitarian Aid Commission (HAC). In so doing, the OTP alleges that Al Bashir played an essential role in coordinating and implementing the common plan, or in the alternative, secured the implementation of the common plan through his control of forces supportive of the Government of the Republic of Sudan.
The OTP also alleges that in implementing their counter-insurgency campaign, the Government of the Republic of Sudan targeted towns and villages based on their ethnic composition, attacking towns of Fur, Zaghawa and Masalit, and bypassing other towns, including those composed of other tribes or rebel control. Along with allegedly subjecting the target groups to murder, extermination, rape and torture, forces carrying out the attacks allegedly contaminated the water supply of Fur, Zaghawa and Masalit ethnic groups, and forcibly transferred hundreds of thousands of civilians primarily of these ethnic groups. The OTP alleges that through his control of these forces, Al Bashir implemented this common plan with the specific intent to destroy the Fur, Zaghawa, and Masalit ethnic groups in whole or in part.
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The Accused is alleged to have committed the crimes listed below as an individual, jointly with another, or through another person (Article 25(3)(a) of the Rome Statute).
Under this mode of criminal liability, the Accused is charged with the following atrocity crimes:
Murder (Crime against Humanity): Article 7(1)(a)
Extermination (Crime against Humanity): Article 7(1)(b)
Forcible Transfer (Crime against Humanity): Article 7(1)(d)
Torture (Crime against Humanity): Article 7(1)(f)
Rape (Crime against Humanity): Article 7(1)(g)
Attacking Civilians (War Crime): Article 8(2)(e)(i)
Pillaging (War Crime): Article 8(2)(e)(v)
Genocide by Killing (Genocide): Article 6(a)
Genocide by Causing Serious Bodily or Mental Harm (Genocide): Article 6(b)
Genocide by Deliberately Inflicting Conditions of Life Calculated to Bring about Physical Destruction (Genocide): Article 6(c)
Pre-Trial Chamber I issued a public arrest warrant for Al Bashir on March 4, 2009. Pre-Trial Chamber I issued a second arrest warrant on July 12, 2010. The suspect remains at-large.