In a landmark verdict for international justice, the International Criminal Court (ICC) delivered its first trial judgment concerning the situation in Darfur, Sudan. Trial Chamber I found Ali Muhammad Ali Abd-Al-Rahman, also known as Ali Kushayb, guilty of 27 out of 31 counts of war crimes and crimes against humanity. The charges stemmed from his role as a senior leader of the pro-government Janjaweed militia during a series of brutal attacks on towns and villages in the Wadi Salih and Mukjar localities of West Darfur between August 2003 and March 2004. The judgment marks the culmination of a trial that began in April 2022 and heard testimony from 74 witnesses, including 56 called by the prosecution. The court found that Kushayb was instrumental in a campaign of persecution, murder, torture, rape, and other inhumane acts directed against the predominantly Fur civilian population. The judges determined that he commanded Janjaweed forces, distributed weapons, and in some instances, directly participated in the atrocities.
The conviction represents a significant milestone in the long and arduous pursuit of accountability for the crimes committed in Darfur, a situation that was first referred to the ICC by the UN Security Council in 2005. Kushayb had been the subject of an ICC arrest warrant since 2007 and voluntarily surrendered to authorities in the Central African Republic in June 2020. The judgment was delivered in open court by the three-judge panel, which based its decision solely on the evidence presented during the trial, applying the standard of proof beyond a reasonable doubt as required by the Rome Statute. The verdict is a testament to the court's capacity to deliver justice for mass atrocities, even in the face of significant political and logistical challenges that have delayed proceedings for nearly two decades.
While the accused is presumed innocent until the final verdict, this conviction provides a measure of recognition for the thousands of victims who suffered during the conflict. The judgment is not the final step in the judicial process; both the prosecution and the defense have the right to appeal the decision before the ICC's Appeals Chamber. The sentencing phase will follow, where the chamber will determine the appropriate penalty for the crimes for which Kushayb has been found guilty. The case serves as a powerful reminder that even those who evade justice for years can ultimately be held accountable under international law.