Landmark Justice ICC Delivers First Darfur Conviction Finding Sudanese Militia Leader Ali Kushayb Guilty of Mass Atrocities

Ali Muhammad Ali Abd Al Rahman, a prominent leader of the notorious Janjaweed militia, was convicted by the International Criminal Court (ICC) in The Hague on Monday for his role in a devastating campaign of war crimes and crimes against humanity committed during the Darfur war in Sudan over twenty years ago. The verdict, which included 27 guilty counts, marks the first conviction handed down by the ICC in relation to the atrocities that unfolded in the Darfur region, a situation that had been referred to the court by the United Nations Security Council in 2005. The ruling is a significant victory for international justice and the countless victims who suffered decades of violence.

Known by the nom de guerre Ali Kushayb, Abd Al Rahman was found to have played a leading role in the widespread and systematic attacks carried out by the government backed Janjaweed militia and Sudanese government forces against the civilian population, particularly the Fur and Masalit non Arab communities, between August 2003 and March 2004 in West Darfur. The guilty verdicts covered a range of horrific offenses. The court found him criminally responsible for murder, rape, torture, forcible transfer, persecution, and other inhumane acts. Crucially, the conviction is the first ever at the ICC for gender based persecution, acknowledging the targeted violence, including mass rapes, that terrorized women and girls and was used as a weapon of war to humiliate and terrorize the population.

Evidence presented during the lengthy trial, which opened in 2022, included harrowing testimonies from 56 witnesses detailing how Abd Al Rahman commanded his forces to participate enthusiastically in a scorched earth campaign. This campaign involved the indiscriminate killing of civilians, the pillaging and burning of entire villages, and mass executions. Presiding Judge Joanna Korner recounted specific instances where Abd Al Rahman was personally involved, including ordering the summary execution of scores of prisoners and even beating captive civilians to death with an axe. The judges unanimously rejected the defense’s argument that he was not the man known as Ali Kushayb, ruling that he was a senior commander whose actions directly resulted in the widespread death, injury, and destruction.

The conviction of Abd Al Rahman, who surrendered to ICC custody in 2020 after more than a decade at large, sends a powerful message that accountability for the gravest crimes will eventually prevail. It also serves as a stark reminder of the ongoing violence in Sudan, where the paramilitary Rapid Support Forces (RSF), which grew out of the Janjaweed militia, are currently fighting a civil war. While the former Sudanese President Omar al Bashir remains at large, wanted by the ICC for genocide and other crimes, the conviction of Ali Kushayb offers a measure of justice to the victims and their communities after years of waiting. He faces a maximum life sentence, which will be determined at a later sentencing hearing.