Watch: ICC Prosecutor Karim Khan briefs the UNSC on the Situation in Darfur, Sudan
Yesterday, the Prosecutor of the International Criminal Court (ICC) presented an update to the United Nations Security Council (UNSC) concerning the situation in Darfur, Sudan. You can watch Prosecutor Khan’s moving testimony above and find a brief summary below.
Trial of Ali Kushayb
In April 2007, the ICC issued an arrest warrant against Ali Muhammad Ali Abd–Al-Rahman, aka Ali Kushayb. The Prosecutor’s Office argues that he was a key commander and organizer of the pro-regime Popular Defense Forces and Janjaweed militias that launched devastating attacks on Darfuri towns and villages between 2003-2004.
Evidence suggests that Ali Kushayb personally participated in some of the attacks against civilians in the towns of Kodoom, Bindist, Mukjar, and Arawala between August 2003 and March 2004, where the murder, rape, and torture of civilians were committed. The prominent regime militia leader was captured in the Central African Republic in 2020, after fleeing Sudanese government forces who had turned against him.
ICC Prosecutor Karim Khan reported that his office is preparing to wrap up the case against Kushayb. This is a landmark trial, the first ever stemming from a Security Council referral and the first in relation to the situation in Darfur before the Court.
Regime No Longer Cooperating With The Court
Prosecutor Khan informed the Security Council that the Sudanese government has largely stopped cooperating with regards to the Court's other cases. ICC staff entering Sudan face growing administrative hurdles that are preventing them from pursuing their critical work. The Court still has not been allowed to set up an investigative office in country. “Over the last six months, unfortunately not one request for assistance has been executed by the government of Sudan,” he said.
Sudanese war criminals indicted by the Court also remain “at large,” even though their locations are believed to be known. Overthrown dictator Omar al-Bashir, also indicted by the Court, is in Sudanese government custody. Prosecutor Khan stressed that “a change in posture is needed” in Sudan, saying “And if we do not see a change of approach, I may have no option in the next report but maybe to commend certain other action by Member States in the next period.”
Background
The crisis in Darfur was referred to the ICC by the UNSC in March 2005 after the Security Council determined that the situation in Sudan constituted a threat to international peace and security. The ICC investigations regarding Darfur focus on allegations of genocide, war crimes, and crimes against humanity committed in Darfur, Sudan since July 2002.
Since then, the Court has produced several cases with suspects ranging from Sudanese government officials, militia/janjaweed leaders, and leaders of armed resistance groups.
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