The International Criminal Court has made major strides in investigating crimes committed recently in Sudan's Darfur region - including linking grave crimes against civilians directly with the perpetrators - the Security Council heard today, as its deputy prosecutor described a "breakthrough" marked by her Office's expanded cooperation and its accelerated interviews with witnesses.
Deputy Prosecutor Nazhat Khan, updating the 15-member Council on the Office's progress in Darfur , said it has made "real, concrete progress" in recent months. While not at liberty speak directly about ongoing investigations, she nevertheless said it had conducted crucial interviews with key witnesses that have allowed the Court to draw direct links from crimes to perpetrators.
"This is a paradigm shift - it is a breakthrough," she said, thanking the Court's growing network of partners, including civil society groups and the Government of Sudan, that has helped to accelerate its work.
She recounted her recent visit to eastern Chad, where she heard directly from just a fraction of the many displaced Darfuris there about the harrowing conditions inflicted upon them.
Victims Fear Worst Is Yet to Come
"The victims I spoke with continue to bear the consequences of being driven from their homes," she said. "There is real despair in those [refugee] camps, a clearly and repeatedly stated belief that they have been forgotten by much of the world, that their lives are not given equal value, that the depth of their suffering has not been met with a meaningful response."
She said their specific experiences reflected those of the collective Darfuri community, many of whom saw their parents killed or mothers raped before their very eyes. "People [were] sacrificed as if they were livestock," she said. Children were repeatedly attacked, raped and traumatized by what they have seen.
"Those experiences they shared reflected the mirror image that we see between the pattern of large-scale crimes that led to the referral of the situation to this Council in 2005," she said, citing the same crimes, the same methods of intimidation and humiliation. People are also living in fear that "the worst is still to come", and that the situation in Darfur in 2005 will fully repeat itself.
Act Now to Prevent Further Atrocities
Against that backdrop, she said the Office of the Prosecutor stands united with the Office of the United Nations High Commissioner for Human Rights (OHCHR) in its view that the most serious international crimes may be about to take place in the city of Obeid. "We cannot say we did not know," she stressed, warning: "It is for this Council and all States to act now, to prevent further atrocities."
Urging them not to shy away from that moral and legal duty, she reflected on the hope that many displaced Darfuris still place in the Council and the Court, despite all they suffered. She noted the successful conviction in October 2025 of senior Janjaweed militia commander Ali Muhammad Ali Abd-Al-Rahman ("Ali Kushayb") , who was found guilty of war crimes and crimes against humanity and sentenced in December 2025 to 20 years of imprisonment.
There is now real hope, as victim communities look to the work of the Court to provide justice and reparations.
"[Accountability will] send a real message to those who lead these attacks, to those who plan them, to those who support the commission of atrocities from afar and think they can benefit from them - you are mistaken," she added.
Delegates Raise Alarm over Risk of Serious Crimes in El Obeid
Council members took the floor to share their views. Many welcomed the progress outlined by the deputy prosecutor, while emphasizing that the dire situation still unfolding in Darfur - a horrific mirror of past crimes against humanity - demands urgent action.
"The conflict in Sudan continues to spiral out of control with devastating consequences for the civilian population," said Denmark's representative. Echoing others in demanding that El Obeid not become "another El Fasher", he called for immediate civilian protection, humanitarian access and safe passage for those fleeing violence. He also urged States to stop supplying weapons that prolong the war and use their influence to prevent further atrocities.
He was joined by other speakers, including the representative of France, in calling for the Court's mandate to be expanded beyond Darfur and across the entire State of Sudan.
The representatives of Colombia and Greece were among those speakers who spotlighted the particular impact of the conflict on women and children, and underscored the importance of engaging with the civil society groups that represent them. They also joined others in calling for heightened vigilance in El Obeid, which the latter stressed remains at risk of "serious international crimes".
"El Obeid is on the precipice of an atrocity that will deepen the wounds already inflicted on Sudan in El Fasher," agreed the United Kingdom's delegate, echoing deep concerns raised over the worsening situation. Civilians continue to suffer grave violence, displacement and severe humanitarian hardship, and accountability remains vital to ending the cycle of impunity. He welcomed improving cooperation between the Sudanese authorities and the International Criminal Court, but, like other speakers, also voiced regret over the lack of response from the Rapid Support Forces (RSF) militia to the Court's requests.
The representative of Somalia emphasized that, apart from international efforts, Sudan must strengthen its own national justice institutions and legal frameworks. He welcomed progress following the conviction of Ali Kushayb, while noting that other outstanding arrest warrants must also be executed.
Accountability Must Be Victim-Centred
"Justice for the Sudanese people cannot be separated from the urgent need to stop the violence without delay," said Latvia's representative, echoing some of those points. She also joined others, including the representatives of Panama and the Democratic Republic of the Congo, in stressing that victims must remain at the centre of accountability efforts.
"The re-emergence of patterns that defined earlier phases of the conflict is a stark warning that impunity continues to fuel instability and suffering," stressed Liberia's delegate. And, while the Court's continued work underscores the importance of "maintaining momentum towards accountability", he warned that "justice cannot be measured solely by investigations and indictments". Rather, it must be reflected in arrests executed, prosecutions completed and justice delivered.
Criticism of Court's Approach, Track Record
While speakers all voiced concern over the grave situation in Darfur, not every delegate supported the Court's work.
"The [International Criminal Court] continues to pose an intolerable threat in its attempts to assert jurisdiction over the United States," said that country's representative. The Court was intended to be a narrow judicial backstop, he said. Instead, it "is constantly seeking to aggrandize its own power, falsely asserting jurisdiction beyond its mandate".
To those who believe the Court remains the only option in cases such as the one unfolding in Darfur, he pointed out that many specialized tribunals have successfully delivered justice in the past. He also joined other speakers in decrying external support for the warring parties, adding that the United States is applying "all possible pressure" to those involved.
The representative of the Russian Federation, meanwhile, recalled that the Council referred the situation in Darfur to the Court 20 years ago through resolution 1593 (2005). Since then, she said, the Court has "failed to carry out the task entrusted to it", issuing only one conviction against an accused person. In that context, her delegation sees no benefit in wasting the Council's time hearing reports from a body "that long ago ceased to have anything in common with genuine justice".
China's delegate, while voicing support for efforts to punish the most serious international crimes, called on the Court to handle such delicate matters as the situation in Darfur "with caution, adhere strictly to facts and law, and ensure relevant procedures are open and transparent". He joined several other speakers - including the representatives of Pakistan and Bahrain - in demanding that the Court respect the judicial sovereignty of the States concerned and maintain fully impartial in its work.
Achieving Justice 'Central Objective' of Sudan's Government
Also addressing the Council, Sudan's representative said achieving justice has remained a "central objective" for his Government, alongside combating impunity, providing redress to victims, ensuring reparations and strengthening the rule of law. However, the "terrorist" Rapid Support Forces continue to commit horrific atrocities, including ethnic killings and widespread attacks against unarmed civilians. "There is no doubt," he stressed, "that these crimes fall squarely and entirely within the subjective and territorial jurisdiction of the [Court]."
Urging that body to expedite charges and issue arrest warrants, he warned: "Any unjust delay in taking these steps will send the wrong message to the perpetrators." In addition, he directly blamed the "Abu Dhabi regime" for supporting the RSF's ability to achieve "such a level of brutality and bellicosity" as what is being currently witnessed on the ground.
Justice requires that investigations include everyone involved in financing, supporting, facilitating or inciting the commission of crimes, he said. Concluding, he spotlighted the Government's cooperation with the Court and said that this must be met by "serious and effective" action by the latter. "Justice delayed is justice denied", he observed.
