ICC Convicts Janjaweed Leader Ali Kushayb on 27 Charges
Sudanhorizon – Agencies
The International Criminal Court (ICC) announced on Monday that it has found Ali Muhammad Ali Abd-Al-Rahman, known as “Ali Kushayb,” guilty on 27 counts, while also granting victims the right to seek reparations for the harm caused by the crimes he committed.
The Office of the Prosecutor had filed 31 charges against Kushayb related to war crimes and crimes against humanity, including murder, rape, forcible transfer, persecution, torture, inhumane treatment, outrages upon personal dignity, and attempted murder.
Presiding Judge Joanna Korner, head of Trial Chamber I, stated during the judgment reading that Kushayb was found guilty of committing 27 counts of war crimes and crimes against humanity in Kutum, Bindisi, Mukjar, and Deleij between August 2003 and April 2004.
She noted that the chamber had analyzed the evidence presented and debated during the trial, and heard witnesses who confirmed that the accused was indeed Ali Kushayb, commander of the Janjaweed militia.
According to Judge Korner, Kushayb was found guilty of murder and torture as crimes against humanity and war crimes, in addition to outrages upon personal dignity as a war crime, and persecution as a crime against humanity.
The court determined that Kushayb was guilty as a co-perpetrator with the Janjaweed and government forces in committing murder, attempted murder, and torture against 200 prisoners and detainees during the Mukjar and Deleij operations—classified as both war crimes and crimes against humanity.
Judge Korner stated that Kushayb had issued orders to the Janjaweed to commit war crimes and crimes against humanity during operations in Kutum and Bindisi, including attacks on civilians, violations of personal dignity, looting and destruction of property, forced displacement, and persecution.
Kushayb had surrendered voluntarily to authorities in the Central African Republic before being transferred to the ICC on June 9, 2020. His case began in the Pre-Trial Chamber, which confirmed all charges against him, followed by the Trial Chamber proceedings.
The judge added that Ali Kushayb, born in 1949 in Rahid al-Bardi, South Darfur, from the Ta’aisha tribe, had served in the Sudanese army’s medical corps, where he qualified as a medical assistant.
After retiring with the rank of assistant, he managed a pharmacy in Gassila, where he was well-respected in the Wadi Saleh area prior to the Darfur conflict in 2003. Later, he became a member of the Central Reserve Police and a senior leader of the Janjaweed militias used by the government to suppress the rebellion, providing them with arms, funding, and training.
Reparations for Victims
Judge Korner stated that the court did not convict Kushayb on four additional charges because the underlying criminal acts were already covered by other charges for which he was convicted.
She added that the chamber would announce the sentence for the crimes he was convicted of, noting that judges may impose a prison term, fines, or asset confiscation.
Before sentencing, the chamber will receive submissions from parties and participants regarding the possible penalties, after which it will schedule a separate hearing to consider evidence and arguments related to sentencing.
The judge also granted victims of the crimes committed by Kushayb the right to seek reparations, which will be addressed at a later stage.
The chamber allowed 1,591 victims to participate in the proceedings through a single team of legal representatives, and it heard testimony from 74 witnesses for both the prosecution and the defense.
This verdict marks the first-ever conviction related to the Darfur atrocities. The ICC still demands the surrender of ousted President Omar al-Bashir and two senior figures from his regime — Abdel Rahim Muhammad Hussein and Ahmed Haroun — who are accused of war crimes and crimes against humanity committed during the suppression of the rebellion.
The court also seeks the appearance of Abdallah Banda, a senior commander of the Justice and Equality Movement (JEM) who is currently fighting alongside the Sudanese army against the Rapid Support Forces, as he is accused of committing war crimes in an attack on the former UN–African Union mission in North Darfur.
Shortlink: https://sudanhorizon.com/?p=7961