Darfuri rebel leader ICC prosecution designed to fail?

"The pre-trial chamber of the International Criminal Court has rejected an appeal by prosecutors to overturn an earlier decision declining to confirm charges against a rebel leader accused of directing the September 2007 attack that killed a dozen African Union peacekeepers in Sudan’s strife-torn Darfur region.

In February, the chamber said there was insufficient evidence to establish that Bahar Idriss Abu Garda, who commands a splinter group of the rebel Justice and Equality Movement (JEM), could be held criminally responsible for the crimes he has been charged with. ....

Mr. Abu Garda was charged with three war crimes – murder, attacks against a peacekeeping mission and pillaging – allegedly committed when 1,000 rebels attacked the Haskanita camp in South Darfur state on 29 September 2007.

That attack killed 12 peacekeepers serving with the African Union Mission in Sudan (AMIS) and wounded eight others. ....

It found on Friday that the prosecution’s application to reverse the February decision do not meet the requirements for an appeal under the Rome Statute, under which the ICC operates."