The Hague - Brussels: Europe and the Arabs
The International Criminal Court (ICC) has convicted Janjaweed militia leader Ali Muhammad Ali Abd-al-Rahman, known as "Ali Kushayb," of war crimes and crimes against humanity in Darfur. This conviction is the first of its kind since the outbreak of the conflict, which claimed hundreds of thousands of lives in the Sudanese region more than two decades ago.
The historic ruling, issued Monday at the court's headquarters in The Hague after a lengthy trial, found Ali Kushayb guilty on 27 counts for his role in attacks targeting the Fur and Masalit tribes and other non-Arab communities between August 2003 and March 2004. The crimes committed included murder, rape, persecution, torture, and assault on civilians in the towns of Kutum, Bindisi, Mukjar, and Deleig.
In a 355-page ruling, the court established beyond reasonable doubt that Ali Kushayb ordered, supported, and participated in widespread and systematic terrorist attacks that resulted in mass killings and forced displacement. According to the UN Daily News, the Janjaweed militias—Arab militias armed and supported by Sudanese security forces—were part of a government-led campaign to counter a rebellion by non-Arab groups in 2003. The Janjaweed attacks burned villages, summarily executed men, and raped women in what the UN later described as one of the most serious humanitarian crises of the early 21st century.
Among the evidence presented was testimony describing how Janjaweed fighters “randomly killed townspeople,” shooting people fleeing for their lives. Another account recalled a wounded father urging his children to “leave him and run for their lives” as the militia advanced.
A case with many precedents
Ali Kushayb surrendered to the International Criminal Court in 2020 shortly after the fall of former Sudanese President Omar al-Bashir, after evading authorities for more than 12 years. His sentence will be determined, and the ruling is subject to appeal. A phase of reparations for victims will also be opened.
This conviction represents several achievements for international justice: it is the first ruling by the International Criminal Court (ICC) in the Darfur situation, the first case referred by the Security Council under Resolution 1593 (2005) to result in a conviction, and the first-ever conviction by the ICC for gender-based persecution.
The ICC Office of the Prosecutor stated that it continues to pursue other outstanding arrest warrants for Omar al-Bashir, former Interior Minister Ahmed Harun, and former Defense Minister Abdel Rahim Mohamed Hussein – all accused of similar crimes.
Echoes of the Past
This conviction comes as Darfur has once again descended into violence amid the ongoing war between the Sudanese military and the Rapid Support Forces (RSF), which reportedly emerged from the Janjaweed militias and their former leadership in 2013.
Reports of mass killings and attacks targeting ethnic groups have resurfaced in Darfur, drawing comparisons to the horrors of two decades ago. In September alone, at least 91 civilians were killed in the besieged city of El Fasher during a series of RSF strikes, including drone strikes and ground incursions.
"Justice will prevail"
Deputy Prosecutor Nazhat Shamim Khan hailed the ruling as "a crucial step towards closing the impunity gap in Darfur," adding that it "sends a resounding message to perpetrators of atrocities in Sudan, past and present, that justice will prevail."
She said the ruling "is a tribute to the courage of the thousands of victims in Darfur who have hoped and fought for justice over the years."
"Long-awaited justice"
UN High Commissioner for Human Rights Volker Türk also welcomed the decision, calling it "an important recognition of the immense suffering endured by the victims of his heinous crimes... and the first long-awaited measure of redress."
According to Euronews, the European news network in Brussels, the International Criminal Court has convicted Ali Muhammad Ali Abd al-Rahman, a commander in the Sudanese Janjaweed militia, known as Ali Kushayb, of committing war crimes and crimes against humanity during the armed conflict in Darfur between 2003 and 2004.
Presiding Judge Joanna Koerner said the court was "fully convinced that the accused is guilty beyond reasonable doubt," adding that the verdict would be issued later after the sessions scheduled for November 17-21.
During the session, Judge Koerner revealed details of the violations committed by Kushayb and his forces, including mass rape, murder, and mass torture of civilians.
She explained that the accused ordered the shooting of approximately fifty civilians after they were beaten with axes and forced to lie on the ground. She confirmed that he not only issued the orders but also personally participated in the beatings and executions. During previous sessions, Abdel Rahman denied the accusations against him, saying, "I am not Ali Kushayb, and I have nothing to do with the accusations against me."
He indicated that he voluntarily surrendered in 2020 after fleeing to the Central African Republic, explaining that he was "desperate and fearful that the Sudanese government would kill him."