The International Criminal Court (ICC) is holding its first trial concerning crimes committed in Darfur, Sudan. The defendant is Ali Muhammad Ali Abd-Al-Rahman, also known as Ali Kushayb, a former Janjaweed militia leader who is accused of committing war crimes and crimes against humanity in West Darfur between 2003 and 2004. The ICC admitted a total of 600 victims earlier in May, the vast majority of whom reside in internally displaced persons camps in Darfur while others live in refugee camps in Chad or in cities across Sudan. The remaining victims are part of the wider diaspora.
While giving her opening statement, legal representative for the victims, Natalie von Wistinghausen, commented that it is “distressing” that almost two decades after the Hague trial began, “potential international crimes are occurring in Darfur right now”, citing ongoing incidents of violence, looting, destruction of homes and the displacement of residents. However, von Wistinghausen remarked that the victims seek justice, accountability, and recognition on behalf of their families and for the wider Fur community. Victims harbour a “strong belief that the process of justice is an essential component in seeking a resolution to the still ongoing instability and violence that plagues Darfur and ultimately a possibility for them to return to their ancestral land”, she stressed.
The violence in Darfur first began in 2003 when local non-Arab rebel groups, including members of the Fur community, launched an attack on the Sudanese government accusing it of oppressing black African groups. The Sudanese military forces and the Janjaweed, an Arab militia group, were then deployed to counter the insurgency. The UN has estimated that some 300,000 people have died while around 2.7 million have been displaced since then.
The ICC trial is taking place amidst renewed violence that broke out on April 15 in Sudan. Former President Omar Al-Bashir, former Minister for Humanitarian Affairs Ahmed Haroun, and Defence Minister Abdulraheem Mohammed Hussein were released from prison on April 26, which sparked renewed fear among Darfur’s victims. In an interview, von Wistinghausen revealed that contact with victims in Sudan mainly occurs via intermediaries, WhatsApp or video calls because associating with the ICC is dangerous.
The next phase of the trial will be the defense’s turn to present its case and is scheduled to begin on August 28 before the Trial Chamber. The trial is significant as it is the first ICC referral for war crimes in Sudan from the UN Security Council since the Security Council referred the situation in Darfur to the ICC in March 2005.
