IN THE CASE OF THE PROSECUTOR V.

ABDALLAH BANDA ABAKAER

NOURAIN AND SALEH MOHAMMED JERBO JAMUS

SITUATION IN DARFUR, SUDAN

Saleh Jerbo was indicted on 27 August 2009 on three counts of war crimes with regard
to the situation in Darfur, Sudan. Jerbo is alleged to have been a commander of a
splinter group of the Sudan Liberation Movement/Army (SLM/A), a rebel group fighting
in the Darfur conflict against the Sudanese government. He is accused of leading
SLM/A forces under his command (in conjunction with other rebel forces) in a raid on
the Haskanita base of the African Union Mission in Sudan (AMIS) on 29 September
2007, in which 12 AMIS peacekeepers were killed and eight were seriously injured; the
base was also extensively damaged.[43] Jerbo is accused of ordering murders, pillaging,
and "intentionally directing attacks against personnel, installations, materials, units and
vehicles involved in a peacekeeping mission".Accordingly, the Prosecutor charges
Abdallah Banda and Saleh Jerbo with the war crimes of :

I.violence to life and attempted violence to life, within the meaning of articles 8(2)(c)(i),
25(3)(a) and 25(3)(f) of the Rome Statute ("Statute");

II. intentionally directing attacks against personnel, installations, materials, units and
vehicles involved in a peacekeeping mission, within the meaning of articles 8(2)(e)(iii)
and 25(3)(a) of the Statute; and

III. pillaging, within the meaning of articles 8(2)(e)(v) and 25(3)(a) of the Statute.

Jerbo was summoned to appear before the Court on 17 June 2010 and the confirmation
of charges hearing was held on 8 December 2010, in conjunction with the case
against Abdallah Banda.

On 7 March 2011 Pre-Trial Chamber I confirmed all the charges against him.

Accordingly, the Chamber finds that there is sufficient evidence to establish substantial
grounds to believe that Abdallah Banda and Saleh Jerbo are criminally responsible as
co-perpetrators within the meaning of article 25(3)(a) of the Statute for each of the
crimes charged. This finding makes it unnecessary for the Chamber to analyse whether
Abdallah Banda and Saleh Jerbo can also be held responsible for having committed the
crimes charged through their troops, that is as indirect co-perpetrators, as alternatively
charged by the Prosecutor.
 On 22 April 2013 Radio Dabanga reported that Jerbo had been killed on 19 April in a
battle between the Justice and Equality Movement and a splinter group in which Jerbo
was a commander.[113] On 4 October 2013, the Court terminated the proceedings
against Jerbo "without prejudice to resume such proceedings should information
become available that he is alive".[42]