The Office of the Prosecutor of the International Criminal Court welcomes today's historic conviction of Mr Ali Muhammad Ali Abd-Al-Rahman (also known as Ali Kushayb), a senior leader of the pro-government Janjaweed militia, for war crimes and crimes against humanity. This is the first conviction in the Situation in Darfur, Sudan, and the first in a situation that the UN Security Council referred to the Court. The case also represents the first conviction for gender-based persecution at the Court.
Based on evidence presented by the Office, the judges of Trial Chamber I unanimously found Mr Abd-Al-Rahman guilty beyond reasonable doubt for crimes that occurred in the widespread and systematic attack by the Janjaweed militia and Government of Sudan forces against the civilian population in West Darfur, Sudan in the context of an armed conflict between the Government of Sudan and rebel armed groups between at least August 2003 and March 2004. Notably, the judges found, contrary to the Defence's central line of argument, that Mr Abd-Al-Rahman was also known by the nickname Ali Kushayb.
"The conviction of Mr Abd-Al-Rahman is a crucial step towards closing the impunity gap in Darfur. It sends a resounding message to perpetrators of atrocities in Sudan, both past and present, that justice will prevail, and that they will be held accountable for inflicting unspeakable suffering on Darfuri civilians, men, women and children," said Deputy Prosecutor Nazhat Shameem Khan.
"The judges' decision is a tribute to the bravery of many thousands of Darfuri victims, who hoped and fought for justice through the years. Upholding the laws of armed conflict, the judgment affirms the fundamental value and dignity of the lives of the Darfuri people," Deputy Prosecutor Khan added.
In particular, the judges found that Mr Abd-Al-Rahman was criminally responsible for all crimes including murder, torture, and outrages upon personal dignity. These crimes are grave, having caused death, injury and destruction among civilians from scorched earth tactics, which entailed the burning and pillaging of entire villages, and mass executions.
The verdict included important convictions for gender-based crimes, the investigation and prosecution of which remains a strategic priority of the Office.
First, Mr Abd-Al-Rahman was found guilty of rape as a war crime and a crime against humanity, among other gender-based crimes. The judges ruled that the attack resulted in the commission of rapes of women and girls, causing profound physical, cultural and social harm to victims. With this judgment, the Office resolves to continue pursuing its policy commitment to effectively investigate and prosecute gender-based crimes.
Second, Mr Abd-Al-Rahman was convicted of the crime against humanity of persecution of males from the Fur tribe on political, ethnic and gender grounds. This decision recognises the intersecting nature of multiple forms of discrimination wherein Fur males were specifically targeted.
Following this pivotal ruling, the judges will now consider the appropriate sentence for Mr Abd-Al-Rahman. The Prosecution will prepare arguments for sentencing guided by the requirements of the Rome Statute.
The judgment follows a thorough investigation, which began following the Security Council's referral in 2005, and an efficient trial. The Prosecution relied on the testimonies of 81 witnesses, and 1,521 items of evidence out of the total 1,861 submitted to the Chamber. These included documents from the Government of Sudan and the United Nations, satellite images, photographs, videos, and social media posts.
The Office is thankful to the victims, survivors and witnesses whose support and commitment over the years have made this outcome possible. The cooperation from the Sudanese authorities, the UN Security Council, States Parties, non-States Parties, international organisations, and civil society has also been instrumental in advancing the investigation and prosecution of this case.
With this conviction, the Office reaffirms its commitment to delivering accountability in the Situation in Darfur where its investigation remains active. As illustrated in the UN Security Council's 2005 referral, the conflict in Darfur constitutes a threat to international peace and security. Decades later, the renewed violence from 2023 and the generational suffering and trauma underline that without justice, there can be no lasting peace.
The Office renews its call for the arrest of individuals with outstanding warrants in the Situation in Darfur: Mr Omar Hassan Ahmad Al Bashir, Mr Ahmad Harun, and Mr Abdel Raheem Muhammad Hussein. The charges against Mr Harun in particular are closely linked to those of Mr Abd-Al-Rahman.
"Today we have shown what we can achieve when we work together, with victims, national authorities and based on the mandate and support of the UN Security Council. This moment also represents a vindication of the decision of the Council to refer this matter for action to our Office. And we are working to ensure that the trial of Mr Abd-Al-Rahman will be the first of a number in relation to the Situation in Darfur at the International Criminal Court. Our collective resolve, this partnership for accountability between survivors and the international community, will continue to be indispensable as we seek to end the cycle of violence and impunity that continues to afflict the Darfuri people," Deputy Prosecutor Khan said.
The Office of the Prosecutor of the ICC conducts independent and impartial preliminary examinations, investigations and prosecutions of the crime of genocide, crimes against humanity, war crimes and the crime of aggression. For further details on "preliminary examinations" and "situations and cases" before the Court, click here, and here.
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