ICC prosecutor tells of strong probability of war crimes and crimes against humanity in Darfur

There are “reasonable grounds to believe that war crimes and crimes against humanity have been and are continuing to be committed in Darfur”, an International Criminal Court prosecutor told the Security Council.

Nazhat Shameem Khan expressed the sentiments at a biannual briefing to the 15-member organ on Thursday, underscoring that her office was progressing towards delivering justice for past and ongoing atrocities, even amid limited resources and attempts to obstruct its mandate.

“This conclusion is grounded on the intensive activities that the Office of the Prosecutor has been undertaking in the last six months and in earlier reporting periods,” said Khan.

The situation in Darfur was referred to the Court in 2005 through resolution 1593 (2005). Investigations and trials have been ongoing to hold perpetrators accountable for their atrocity crimes committed back then.

In April 2023, fighting between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF) intensified significantly in Darfur, with devastating civilian casualties. “

Khan called for unity at a time when it can seem difficult to find appropriate words to describe the depth of suffering in Darfur.

In the past six months, the Office of the Prosecutor focused on crimes committed in west Darfur, she said. 

Based on outreach efforts and drawing on the over 7,000 evidence items collected to date, it remains focused on delivering concrete landmarks to respond to the legitimate and impassioned calls for justice heard from victims and survivors.

“We will not be deterred until meaningful justice is delivered,” she said.

Turning to the past case against Ali Muhammad Ali Abd-Al-Rahman, also known as “Ali Kushayb”, reportedly a former leader of the Janjaweed militia, Khan said that the upcoming decision in his trial — expected in the second half of 2025 — would provide “an important example of what can be achieved when we work together in this common effort”.

The Office is also working intensively to ensure that the Ali Kushayb trial represents only the first of many in relation to this situation, she said, noting cooperation with the Government of Sudan while highlighting the importance of arresting former President Omar Bashir; former Minister of State for the Interior Ahmad Harun; and former Minister of National Defence Abdel Raheem Muhammad Hussein — present in Sudan.

“Transferring Mr Harun now would carry exceptional weight, given that the crimes he is accused of are closely linked to those currently before the Court in Mr Abd-Al-Rahman’s trial,” she said, adding:  “Action by the Government of Sudan to arrest Mr. Harun would send a strong signal of its dedication to ensuring accountability for such crimes.”

She, however, reported that the Office’s resources were critically low relative to the scale of allegations to investigate, and it has experienced hostility and obstruction in its work and mandate. 

“We need your support now more than ever before,” she appealed.