Historic ICC Conviction for Darfur War Crimes
In a landmark decision, the International Criminal Court (ICC) has convicted Sudanese warlord Ali Kushayb for war crimes and crimes against humanity committed during the Darfur conflict over two decades ago. This ruling marks a significant step in the pursuit of justice for one of the most devastating conflicts in recent history.
However, as human rights advocates celebrate this verdict as a long-overdue reckoning, fresh violence in Sudan threatens to overshadow the moment. Millions have been displaced, and thousands have lost their lives in renewed conflict, raising critical questions about whether justice for past atrocities can prevent ongoing horrors or if it has come too late.
The Verdict and the Accused
Judges Joanna Korner (Presiding), Reine Alapini-Gansou, and Althea Violet Alexis-Windsor found former Sudanese warlord Ali Muhammad Ali Abd-Al-Rahman, widely known as Ali Kushayb, guilty of 27 counts of war crimes and crimes against humanity committed in Darfur between August 2003 and April 2004.
The Trial Chamber I of the ICC determined that Abd-Al-Rahman, a former Janjaweed militia leader, was directly responsible for killings, torture, persecution, and attacks on the dignity of civilians during operations in Mukjar, Deleig, Kodoom, and Bindisi. The conviction highlights the ICC’s commitment to holding individuals accountable for their actions, no matter how long it takes.
A Message of Accountability
ICC prosecutors emphasized that the decision underscores the principle that no one is above accountability for atrocities. “The conviction of Mr. Abd-Al-Rahman is a crucial step towards closing the impunity gap in Darfur,” said Deputy Prosecutor Nazhat Shameem Khan. “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.”
The UN Security Council referred the Darfur case in 2005, citing the conflict as a threat to international peace and security. Prosecutors relied heavily on the bravery of thousands of Darfuri victims who testified against Kushayb, highlighting the importance of survivor testimony in bringing perpetrators to justice.
The Ongoing Conflict in Sudan
Despite the historic conviction, the question remains: has justice come too late? The decision came two years after renewed violence between the Sudanese Armed Forces (SAF) and the paramilitary Rapid Support Forces (RSF). This conflict has displaced over 12 million people, killed more than 40,000 others, and trapped another million in famine and violence in Darfur.
Rights activists warn that earlier survivors of the Darfur violence may have already died from the new conflict. Liz Evenson, international justice director at Human Rights Watch, stated that the ICC’s landmark conviction provides the first opportunity for victims and communities terrorized by the Janjaweed to see a measure of justice before the court. She urged governments to advance justice through all possible means, especially for the new generations of victims.
The Role of the ICC and Future Challenges
The ICC will set a sentencing date for Kushayb, with prosecutors pushing for a maximum penalty: a life sentence. However, the wider question remains—how can actual warmongers from the time be brought to book?
Kushayb served in the Janjaweed, a notorious militia established by then-Sudanese leader Omar al-Bashir. The militia backed government forces in a brutal counterinsurgency against rebel groups. ICC investigators later found that the Janjaweed had conducted a systematic ethnic cleansing campaign targeting civilians from the Fur, Massalit, and Zaghawa ethnic groups, from which rebel groups recruited.
Kushayb, against whom the ICC issued a first arrest warrant in 2007, remained at large for over a decade. He surrendered in June 2020, after the fall of Bashir in April 2019. However, Bashir himself and Ahmed Haroun, former state minister for humanitarian affairs, remain at large despite incriminating evidence against them.
Calls for Broader Accountability
Experts argue that both parties to the current conflict continue to commit atrocity crimes across Sudan, fueled by rampant impunity. Evenson called on ICC member countries and justice-supporting governments to support the ICC and explore all avenues to close the accountability gap in Sudan. She emphasized that victims of today’s crimes should not have to wait two decades for justice.
Organizations such as the International Federation for Human Rights (FIDH), the African Centre for Justice and Peace Studies (ACJPS), and the Sudanese Human Rights Monitor (SHRM) welcomed the conviction but stressed the need for broader accountability efforts for international crimes committed in Darfur. They called for the Sudanese authorities and the international community to redouble efforts to cooperate with the ICC and support international justice processes.
The Broader Implications
The trial had opened on April 5, 2022, with closing statements delivered between December 11 and 13, 2024. Over the course of the proceedings, 74 witnesses testified before the Court, including two called by the judges, 54 by the Prosecution, 17 by the defense, and one by the victims’ representatives. A total of 1,861 items of evidence were admitted into the record, and 1,591 victims were allowed to participate in the trial through a single team of legal representatives.
The Darfur war, which began in 2003, resulted in the deaths of hundreds of thousands and the displacement of millions. Some estimates suggest at least 350,000 people, mainly civilians, were killed in an ethnic cleansing campaign, leaving deep scars on Sudan’s social and political fabric. Another 2.7 million were displaced.
The ICC’s Resilience Amid Challenges
The case is the latest verdict by the International Criminal Court, which is already facing sanctions from the US for indicting Israeli Prime Minister Benjamin Netanyahu for war crimes in Gaza. Depending on how the Court operates going forward, it could struggle shaking off the tag of “African court.” Despite these challenges, the Court has shown a clear resolve to continue its pursuit of justice for all victims, including in Darfur.
Tigere Chagutah, Amnesty International’s regional director for East and Southern Africa, emphasized that ICC-member states must demonstrate their commitment and support for victims in Darfur and all situations under investigation through concrete action to defend the court.
Earlier in September, the Court had opened the trial of Ugandan warlord Joseph Kony in absentia.
