In early February 2010, the ICC Pre-Trial Chamber I declined to confirm the charges against Bahr Abu Garda, commander of a group that broke away from the Justice and Equality Movement, in connection with the attack that killed 12 African Union peacekeepers in Darfur in 2007. The decision of the pre-trial judges is a blow for the Office of the Prosecutor. The contribution argues that - for better or worse - the Abu Garda decision is a reminder of the Prosecutor's vast discretion in selecting cases.