The International Criminal Court convicts Kushayb of war crimes in Darfur
The International Criminal Court (ICC) on Monday convicted Ali Mohammed Ali “Kushayb” of war crimes and crimes against humanity in the Darfur region of western Sudan, announcing that it would issue the necessary penalties at a later date and initiate measures to compensate victims.
This is the first ruling issued against those accused of involvement in war crimes, crimes against humanity, and genocide in Darfur during the armed conflict that erupted between the government army and armed movements in 2003. In addition to Kushayb, they include ousted President Omar al-Bashir, former Interior Minister Ahmed Haroun, former Defense Minister Abdel Rahim Mohamed Hussein, and Abdullah Banda, a rebel leader.
During its sentencing hearing at its headquarters in The Hague on Monday, the International Criminal Court found Ali Muhammad Ali Abd al-Rahman guilty of 27 counts of war crimes and crimes against humanity committed in Darfur between August 2003 and April 2004.
The crimes for which Kushayb was convicted, according to the ICC Statute, carry a maximum penalty of 30 years in prison. The court may also impose life imprisonment at its discretion in certain cases, as well as confiscation of property.
Killing and torture
The ICC found Ali Muhammad Ali Abd al-Rahman guilty beyond reasonable doubt as a direct perpetrator of the crimes of murder and torture in his role as a Janjaweed leader during the 2003 Darfur conflict. The Janjaweed campaign, a precursor militia to the Rapid Support Forces, was characterised as genocide by former US Secretary of State Colin Powell in 2004 and drew international condemnation.
According to the indictment, Ali Mohammed ordered the Janjaweed to commit war crimes and crimes against humanity during the Kodum and Bindisi operations in Darfur. Following this ruling, a special phase will be opened for reparations proceedings for the victims, according to a press release issued by the court.
Government forces and Janjaweed militias violently attacked Darfur from 2003 to 2010, resulting in thousands of deaths and millions of displaced people. Sudan’s case was brought before the International Criminal Court in early April 2005, when the UN Security Council adopted a French-draughted resolution referring perpetrators of abuses in Darfur to the court.
In 2009, the court issued an arrest warrant for ousted Sudanese President Omar al-Bashir, followed by warrants for former Defence Minister Abdel Rahim Hussein and former Minister of State for the Interior Ahmed Haroun.
The arrest warrants also included Abdullah Banda, a rebel leader, and Ali Abdel Rahman “Kushayb,” who surrendered to the court in June 2020.
Kushayb’s trial began on April 5, 2022. A total of 74 witnesses testified during the trial and 1,861 pieces of evidence were admitted as official evidence. The court allowed 1,591 victims to participate in the trial proceedings through a single team of legal representatives.