Pre-Trial Chamber issues summonses to appear for Banda
In August 2009, the ICC summoned Banda to make a voluntary initial appearance in connection to three counts of alleged war crimes: violence to life; intentionally attacking peacekeeping personnel, installations, materials, units, and vehicles; and pillaging. Prosecution witnesses described the JEM splinter group's Banda as the first-in-command during the attack, designing it, providing munitions and vehicles to rebel troops, and leading the actual attack. Banda and other rebel commanders allegedly agreed to the common plan to attack the MSG Haskanita.
Banda waives right to be present at confirmation of charges
Banda voluntarily appeared at the ICC in The Hague in June 2010, notifying judges that he would waive his rights to be present during the confirmation of charges hearing, which took place in December 2010. Banda also stated his defence team would not make any presentation or call witnesses during the hearing.
On 7 March 2011, Pre-Trial Chamber I confirmed the war crimes charges.
ICC affords peacekeepers protected civilian status under IHL law
At the confirmation of charges hearing, judges agreed with the ICC prosecutor that AMIS was established in accordance with the UN Charter and as such was entitled to protection in the context of international and internal armed conflicts. The AMIS personnel were assigned civilian status under international humanitarian law (IHL) and their personal effects deemed civilian objects at the time of the rebel attack. The Rome Statute lays out such specific offenses under IHL.