{"id":139642,"date":"2024-12-19T14:17:38","date_gmt":"2024-12-19T13:17:38","guid":{"rendered":"https:\/\/www.justiceinfo.net\/?p=139642"},"modified":"2024-12-23T18:01:57","modified_gmt":"2024-12-23T17:01:57","slug":"first-darfur-trial-ended-icc","status":"publish","type":"post","link":"https:\/\/www.justiceinfo.net\/en\/139642-first-darfur-trial-ended-icc.html","title":{"rendered":"The first Darfur trial ended at the ICC"},"content":{"rendered":"\n

The first trial at the International Criminal Court for crimes committed in Darfur, Sudan, came to an end, 20 years after the charged crimes. During the closing statements, from 11 to 13 December 2024, the prosecution stated that the alleged Darfur militia leader \u2013 who is said to have operated as \u2018Ali Kushayb\u2019 \u2013 has committed war crimes and crimes against humanity, while the defence argued he should be acquitted of all charges. <\/strong><\/strong><\/p>\n\n\n\n\n\n\n\n

\u201cThis chamber can\u2019t turn back the clock,\u201d said the International Criminal Court (ICC)<\/a> chief prosecutor Karim Khan, addressing the court first. The court cannot make up for the tragedies and the loss that \u201cmany have endured and continue to endure\u201d, erase \u201clayers of generational trauma\u201d, and stop the conflict \u201cthat has reverberated continuously over the last 20 years.\u201d This process can show that \u201cthe rule of law means something\u201d and that \u201cthe craving for justice [of the victims] is not to be underestimated,\u201d he added.<\/p>\n\n\n\n

The defendant Ali Muhammad Ali Abd-Al-Rahman is now 76 years old. He is accused of war crimes and crimes against humanity allegedly committed between 2003 and 2004 in West Darfur, Sudan. According to the prosecution, Abd-Al-Rahman, also known as \u201cAli Kushayb<\/a>\u201d, was a leading member of the Janjaweed government-backed militia, which is accused of mass killings and rapes in the counterinsurgency called by former President Omar al-Bashir against rebels. He is accused of cooperating with senior government officials, including the minister of interior, Ahmad Muhammad Harun, from whom he allegedly received arms and money. The prosecution stressed the widespread and systematic nature of crimes committed against civilians of the Fur communities in Wadi Salih and Mukjar, localities of West Darfur. The list of crimes include intentional attacks on a civilian population, murder and attempted murder, looting, destruction of property and livestock, inhumane acts, outrages upon personal dignity, rape, torture, forced transfer of population, and cruel treatment.<\/p>\n\n\n\n

\u201cWe proved beyond reasonable doubt that the defendant is Ali Kushayb and that he was a militia leader,\u201d said Khan, \u201cand that he was actively involved in the commission of offences willingly and enthusiastically\u201d. While he was armed to deal with the rebellion, civilians were targeted: \u201cThey have suffered, they\u2019ve lost their lives, they\u2019ve been scarred physically and emotionally in myriad different ways.\u201d The prosecutor said their case, which included 81 witnesses, 56 heard in court and 25 testifying in the record, has proven all the charges. Khan told the judges - Joanna Korner, Reine Alapini-Gansou, and Althea Violet Alexis Windsoralks - about some of the groups who were mostly targeted, such as children who were born in displacement or as a result of rape, women who suffered from sexual violence, and the elders and community leaders who were tortured and often summarily executed. <\/p>\n\n\n\n

\u201cForgive me for this lie, I don\u2019t know that man\u201d<\/h2>\n\n\n\n

The defence denied<\/a> their client is Ali Kushayb. Abd-Al-Rahman himself spoke at the end of the proceedings, commenting on his surrender to the ICC in 2020. \u201cI said my name was Ali Kushayb because I waited two months in hiding and I was afraid of being arrested [after the regime fell in 2019].\u201d He said the court only received him after he mentioned the nickname. \u201cForgive me for this lie, I don\u2019t know that man\u201d.<\/p>\n\n\n\n

Around 50 people followed the hearings from the public gallery in the Hague. Many were part of the Sudanese civil society. The ICC itself supported the visit of Sudanese journalists, civil society organisations, local leaders or victims\u2019 groups to the closing statements. \u201cIt is my first time here. It\u2019s a good feeling, this is a good start, at least,\u201d said a Darfuri journalist who prefers to remain anonymous for security concerns. \u201cIt sends a good message, that everyone who commits a crime will be held accountable, but we need to make more effort to bring the others to justice. He was just a commander, but the one who empowered him is still free,\u201d he told Justice Info. Former President al-Bashir, who is wanted by the ICC since 2009, has been held in custody since he was deposed in 2019. <\/p>\n\n\n\n

In 2010<\/a>, the United Nations estimated that some 300,000 people had died and 2.7 million had been displaced since the start of the conflict in 2003. In 2005, the situation in Darfur was referred to the Court by the UN Security Council and the investigation was opened afterwards. The trial began in April 2022. \u201cReferrals should not be never-ending stories and today we are approaching [...] the end of the first chapter of a story which hopefully will vindicate the promise that has been made to victims,\u201d said Khan.<\/p>\n\n\n\n

\u201cThe suffering that they endure today is an echo of what has been subject to this particular trial,\u201d he also underlined. Since April 2023, another civil war between the Sudanese Armed Forces (SAF) and the paramilitary Rapid Support Forces (RSF) which is considered to have grown out of the Janjaweed militia, has devastated Sudan and especially Darfur, replicating previous crimes, such as attacks on civilians and rape as a weapon of war.<\/p>\n\n\n\n

\u201cOften the simplest idea is the correct one\u201d<\/h2>\n\n\n\n

During the first day of the closing statements, prosecutor Julian Nicholls responded to a defence argument that the government of Sudan had tried to use Abd-Al-Rahman to divert attention from al-Bashir and other higher officials \u2013 while launching an investigation against him in 2004. To Nicholls, this \u201cwas not very effective\u201d, as Sudan did not surrender the accused to the ICC. Nicholls added that if he was framed and used as a scapegoat, \u201cfor the scope of this conspiracy to work\u201d, it should have involved the \u201cSudanese justice system, Radio Dabanga, Facebook, all the prosecution witnesses\u2026\u201d<\/p>\n\n\n\n

Defence lawyer Cyril Laucci had his lips curled into a smirk and the defendant laid back on his chair looking straight ahead, as Nicholls dismissed as \u201cabsurd\u201d and \u201cquite farcical\u201d the defence line that he is not Ali Kushayb and only used this nickname to get the attention of the court when he was in danger: \u201coften the simplest idea is the correct one, he said his nickname was Ali Kushayb because it\u2019s the correct one,\u201d Nicholls argued.<\/p>\n\n\n\n

He added that 16 prosecution witnesses knew the accused both under his legal name and his nickname, from before and after the conflict. One of them for example, knew him from five years before the conflict and regularly visited his pharmacy in Garsila, in West Darfur. The prosecution showed a video filmed after the fall of Omar al-Bashir in 2019, where Abd-Al-Rahman addresses the crowd in his capacity of warrant officer in central reserve forces. At the end of his speech, a person is seen saluting him by saying \u201clong live Ali Kushayb\u201d. The prosecution also showed another video \u201cfrom around 2013\u201d, where the defendant is seen saying to a crowd of supporters that he has direct links with the president and that he had killed many people.<\/p>\n\n\n\n

The defence argued that the nickname was used as a result of the arrest warrant that the ICC issued in 2007 and led Sudanese people to internalise it. Laucci accused the prosecution of \u201cnot showing reliability in proving his identity\u201d with official civil documents. <\/p>\n\n\n\n

\u201cStriking detainees with his axe\u201d<\/h2>\n\n\n\n

Prosecution lawyer Edward Jeremy focused on the attacks in Kodoom and Bindisi of August 2003, where he said \u201cthe accused ordered and induced Janjaweed forces under his command to do the charged crimes\u201d. People were murdered, tortured, chased away and their properties were burned. Rape was widespread and used \u201cto destroy women and communities as a whole\u201d, Jeremy added.<\/p>\n\n\n\n

Abd-Al-Rahman is also accused of overseeing and being an active participant in the attacks of Mukjar and Deleig, dating back to the end of February and March 2004, where around 300 Fur men were detained and a large number of them were loaded on vehicles and summarily executed. He is accused of \u201cstriking detainees with his axe\u201d, said prosecutor Laura Morris. She emphasised the importance of gender persecution in this case: \u201cthe fate [of the victims] was sealed because they were part of a target group for the perpetrators. The factors to identify them were: fur, male, fighting age, and from outside Mukjar. They were perceived as rebels or sympathisers\u201d, she said, while they were only seeking refuge from the fighting.<\/p>\n\n\n\n

\u201cThe evidence consistently demonstrates that Abd-Al-Rahman was the most senior Janjaweed commander in the Wadi Salih and Mukjar localities of West Darfur,\u201d said Jeremy, adding that the defendant seemed to control around 2,500 men. The lawyer argued that he could achieve this position because of the authority he exercised in the area and his decades-long military experience. Pointing to his time in the Sudanese army and looking at the training on international humanitarian law given to army officials, Jeremy argued that the accused was aware of the illegality of his actions and \u201ccould have expected to face prosecution\u201d.<\/p>\n\n\n\n

1,592 participating victims<\/h2>\n\n\n\n

Then it was the victim's turn to speak. In a grainy video sent in October, Harun, a survivor of the alleged attacks on Bindisi, talked about the different tribes living in peace, until they turned against them with brutality: \u201cimagine someone you know attacking you because of ethnicity.\u201d Victims\u2019 lawyer Natalie Von Wistinghausen added that sentencing crimes against humanity for persecution against males on the basis of gender would be a first\u00a0at\u00a0the\u00a0ICC.<\/p>\n\n\n\n

On the second day of hearings, von Wistinghausen greeted the Darfuris watching the ICC hearings from the Kalma Camp in Darfur and across the border in Chad, in a broadcast organized by local agents of the court. \u201cIt\u2019s on their behalf that we are addressing you,\u201d she told the judges, adding that each of the 1,592 participating victims have \u201cunique views, histories, sorrows and hopes\u201d. \u201cThe victims have emphasised that the wholesale impunity for the mass crimes allegedly committed during the 2003 and 2004 conflict has permitted the very same bad actors to hold on to power and now plunge the entirety of Sudan into devastation,\u201d she said.<\/p>\n\n\n\n

Threading victims\u2019 stories, some told first-hand through pixeled videos and some read from statements, von Wistinghausen then talked about the devastating impact of the conflict on the victims: people were uprooted from their ancestral land, women who suffered from rape often faced stigma, children starved and those who are growing up now in the camps lack education, food, and healthcare. Before the war, \u201clife was beautiful, full of joy. Now we live scattered\u201d, said Harun who is now displaced in Deleig, in a camp located in West Darfur. Victims\u2019 expectations include justice, accountability, expeditious proceedings and restoration of their rights and land, concluded von Wistinghausen.<\/p>\n\n\n\n

\u201cNot a Janjaweed, even less so their leader\u201d<\/h2>\n\n\n\n

\u201cJustice done to the victims must not be justice at the price of convicting an innocent person\u201d, defence lawyer Laucci joined his hands solemnly and addressed the judges in French, at a pace that often left the interpreters breathless. During the rest of the second day and the morning of the third, he reiterated that \u201cthis is the story of a simple man, Abd-Al-Rahman\u201d, an owner of a pharmacy, \u201cnothing grandiose: four walls, a stall at the market\u201d, who retired from the army where he served as a nurse. After the alleged events, he went back to the central reserve forces where he never rose to high ranks. \u201cHe was a small fish, what they call a \u2018pound of flesh\u2019 in The Merchant of Venice.\u201d<\/p>\n\n\n\n

According to Laucci, his client \u201cwas not a Janjaweed, even less so their leader\u201d, and had no control over the perpetration of the charged crimes. He argued that at the time of the conflict, he was too old to take part in it, and that the leader of his tribe, the Ta\u2019aisha, refused to join the counterinsurgency. This was led by a rival tribe that \u201cwould have rather cut his throat than have him as a leader\u201d, said Laucci. <\/p>\n\n\n\n

The defence case had counted 20 witnesses. Many of whom came to testify that the defendant's tribe did not take part to the counterinsurgency and that Abd-Al-Rahman was a respected and respectable man who valued inter-tribal unity. Laucci said that the prosecution had failed to establish that the accused had knowledge of the law and concluded that \u201cmoral element is lacking for all crimes charges and so a total acquittal is what the chamber should come to\u201d. <\/p>\n\n\n\n

\u201cThe words of a simple Sudanese citizen\u201d<\/h2>\n\n\n\n

After three days of sitting and listening, almost expressionless, Abd-Al-Rahman took the stand on the third day, reading from a paper he held tight. \u201cThe words of a simple Sudanese citizen who joined the army at age 15\u201d, he said. He talked about his pharmacy, where he cured all tribes, including the Fur people, and about the counterinsurgency, which he describes as \u201cterrifying\u201d.<\/p>\n\n\n\n

\u201cI am from the conflict zone in Darfur,\u201d said the Sudanese journalist who attended the ICC. \u201cI remember when they first announced the charges, the people were happy, the people were cheering because they thought the case would take a short time. But now, 20 years on, the victims are still in a very dire situation\u201d.<\/p>\n\n\n\n

Sudanese human rights defender Niemat Ahmadi, interviewed in The Hague outside of court, told Justice Info that this trial \u201cis historic, as in Sudan we lived without seeing any officials being held accountable for crimes committed against individual citizens\u201d. Ahmadi hopes that other trials will follow.<\/p>\n\n\n

\r\n\t\t\t\t\t\r\n\t\t\t
Recommended reading<\/div>\r\n\t\t\t
\"Kober<\/div><\/a>\r\n\t\t\t\r\n\t\t\tSudan: who helped the ICC suspects break jail?\r\n\t\t<\/a>\r\n\t\t\r\n\t\t\t\t<\/div>\n","protected":false},"excerpt":{"rendered":"

The first trial at the International Criminal Court for crimes committed in Darfur, Sudan, came to an end, 20 years after the charged crimes. During the closing statements, from 11 to 13 December 2024, the prosecution stated that the alleged Darfur militia leader \u2013 who is said to have operated as \u2018Ali Kushayb\u2019 \u2013 has committed […]<\/p>\n","protected":false},"author":97,"featured_media":139626,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[562],"tags":[2882,2653,2881,2683],"ji_location":[2487],"class_list":["post-139642","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-icc","tag-ali-kushayb","tag-crime-against-humanity","tag-darfur","tag-war-crime","ji_location-sudan"],"acf":[],"yoast_head":"\nThe first Darfur trial ended at the ICC<\/title>\n<meta name=\"description\" content=\"The first trial at the International Criminal Court (ICC) into the crimes committed in Darfur, Sudan, has come to an end. 20 years after the charges were brought against \u2018Ali 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