Amid Increased Human Suffering in Darfur, International Criminal Court Prosecutor Tells Security Council New Applications for Atrocity Crimes Arrest Warrants Are Imminent
The Prosecutor of the International Criminal Court briefed the Security Council today on the imminent new applications for arrest warrants concerning the ongoing violence in Darfur, underscoring the need to reinforce the bond between the two bodies.
“The last six months have reflected a further descent into deeper suffering for the people of Darfur,” said Prosecutor Karim Khan, as he presented his report detailing the landscape of “unspeakable scale of destruction and criminality”. Developments from El Fasher yesterday and today give rise to grave allegations of increased violence and the potential targeting of hospitals and other civilian infrastructure, he said.
“International crimes are being committed on a wide scale, in real-time in Darfur,” with atrocities being used daily as a weapon of war, he stated, adding that this is not an extrapolation from unverified reports, but “a hard-edged analysis based on the information and evidence my office has collected”. He voiced particular concern over the extensive victimization and suffering of women and children and the widespread commission of gender-based crimes.
In the last six months, his office has been working with affected communities on the ground in Chad and other countries bordering Sudan; increasing the collection and processing of extensive digital and documentary evidence, supporting the identification of linkages between perpetrators, structure and crime patterns; and strengthening its collaboration with national authorities.
International Criminal Court Working towards Arrest Warrants for Crimes in West Darfur, Advancing Case Regarding Alleged Senior Member of Janjaweed Militia
Based on this action, his office is taking the necessary steps to put forward applications for arrest warrants in relation to crimes committed in West Darfur, he continued. In the last six months, it has remained focused on advancing the proceedings in relation to Ali Muhammad Ali Abd-al-Rahman, also known as “Ali Kushayb”, an alleged senior member of the Janjaweed militia charged with 31 counts of war crimes and crimes against humanity allegedly committed in Darfur between August 2003 and at least April 2004. “For Darfuris, this trial means a lot,” he said, adding that through the pursuit of justice, affected communities “are not airbrushed out of public consciousness”. It also means that the Council and the broader international community will keep the promise made to the victims.
However, he emphasized that the Abd-al-Rahman case cannot be viewed as a final step, but a solid start to justice and accountability. States must now secure the arrest of those individuals subject to the Court’s arrest warrants presently in Sudan: Omar Hassan Ahmad al Bashir, Ahmad Harun and Abdel Raheem Muhammad Hussein. The transfer of Mr. Harun would be especially impactful at this moment, as the crimes with which he is charged relate directly to those presented before the Court in the trial of Mr. Abd-al-Rahman. “We believe we know where he is and have communicated this to Sudan,” he added.
“Let politics and division be silenced for a moment to hear the cries of the Darfuri people [who] have the right to justice,” he concluded, declaring: “It is time for us to prevent this constant cycle of despair that the generations of Darfuris have suffered.”
Delegates Echo Call for Accountability and Justice
In the ensuing discussion, Council members echoed Mr. Kahn’s call for accountability, underscoring that the swift investigation and prosecution of the gravest crimes can help stem the current wave of terror in Sudan.
Noting that both the Rapid Support Forces and the Sudanese Armed Forces “bear responsibility for the violence and suffering in Sudan”, the representative of the United States called for “a swift and durable negotiated end to the conflict”. The failure to achieve accountability decades ago is one reason conflict continues to burn, she said, adding that several of the current conflict’s leading actors and their affiliated groups were also directly engaged in criminality in Darfur in 2003 and 2004. “The very same victims, especially non-Arab groups, are again being victimized,” she added.
The representative of Slovenia concurred that her delegation was “particularly struck” that the crimes ongoing in Darfur are a “reproduction” — in conduct, affected communities and alleged perpetrators — of the atrocities the Council referred to the Court 20 years ago.
In the same vein, the speaker for the Republic of Korea described the recurring violence in Darfur as “a stark reminder” of the devastating consequences of impunity, which underscores the urgent need to uphold justice and accountability.
Sierra Leone’s delegate, while welcoming progress in the “landmark” trial of Ali Muhammad Ali Abd-Al-Rahman — “the first trial stemming from a Security Council referral” — expressed concern over “the continued impunity of key suspects”. Addressing past crimes, he underscored, is critical to breaking the cycle of impunity and preventing future atrocities in Darfur and elsewhere. Spotlighting the “inextricable link between justice and peace”, he said that “efforts to address the root causes of conflict — including systemic impunity — must be central to achieving a lasting political resolution” in Sudan.
Also recognizing the progress made by the Court to “hold aggressors accountable for their actions”, Panama’s delegate stressed that the tribunal’s resolve to investigate those responsible for these crimes is not only a necessary response in the face of their “atrocious” nature, but also “decisive, in guaranteeing long-term peace and stability in the region”.
For his part, the United Kingdom’s delegate welcomed the creation of a structured dialogue between the Prosecutor’s Office and civil society organizations. “This can help ensure that the voices of victims are heard,” he stressed.
Asserting that “there is no room for impunity”, Greece’s delegate said that “lasting peace goes hand in hand with justice.” Somalia’s delegate added that the international community must remain committed to supporting the Sudanese people in their pursuit of justice, stability and reconciliation.
Sudanese Authorities for Collaboration with Prosecutors’ Office Is Commendable, Delegates Stress, Urging More
When accountability prevails, said Denmark’s delegate, “it represents the bridge between the pain of the past, and the hope of the future”. She emphasized that collaboration is essential to securing justice and ending the cycle of impunity in Sudan, commending the Sudanese authorities' cooperation with the Court.
Picking up that thread, France’s delegate called on the Sudanese authorities to increase their cooperation with the Prosecutor’s Office and respect their obligations under resolution 1593 (2015) and the Juba Peace Agreement.
While welcoming the Sudanese Government’s cooperation with the Prosecutor’s requests for assistance, his counterpart from Guyana joined others in emphasizing that such cooperation must also extend to the arrest and surrender of outstanding suspects. She also joined others in stressing that the Court, its personnel and those cooperating must remain free from sanctions, threats and intimidation.
Foreign Interference in Sudan Must End
The representative of Algeria, Council President for January, spoke in his national capacity to urge for complementarity between transitional justice, accountability and peacebuilding efforts in Sudan — “and namely, in Darfur”. While noting that Sudan’s judicial structures must be strengthened to support national ownership of this process, he stressed that finding a lasting solution to the conflict will be impossible “if we don’t put an end to foreign interference in Sudan”.
Relatedly, China’s delegate emphasized that the Court must abide strictly by the principle of complementarity, maintaining its independence and impartiality while genuinely respecting Sudan’s national sovereignty and strengthening its cooperation with that country.
Court Must Display Complete Objectivity and Impartiality
The speaker for Pakistan observed that the Court can gain global credibility if it displays “full objectivity and impartiality in the cases and persons it decides to investigate and prosecute”. However, he said, “some jurisdictions have so far been immune from prosecution for widely reported crimes, including those committed in situations of foreign occupation and intervention.”
The Russian Federation’s representative said that her country does not recognize the International Criminal Court, “which makes a serious contribution to discrediting the very notion of international justice”. While Moscow “backs the endeavour of combatting impunity”, she said that the tribunal and its activities “lost any link to the work of meting out justice long ago”. Stressing that “selective justice has become the new norm”, she added that the Court’s “imitation of investigation” in Darfur is an “excellent example of its catastrophic ineffectiveness and uselessness”.
Sudan’s Speaker Outlines Country’s Cooperation with Court
The representative of Sudan, meanwhile, pointed to the “many years” lost since the Council’s referral of the situation in Darfur to the Court in 2004. While “there was no cooperation with the Court back then”, he said that Sudan started to engage with the entity through a memorandum of understanding in August 2021. As part of this cooperation, the Prosecutor’s Office has visited Sudan several times, met with high-level officials and visited refugee camps in Darfur. Further, Sudan’s Foreign Minister instructed its embassy in The Hague to grant the Prosecutor’s team visas “whenever they ask”.
While detailing additional national measures to fight impunity, he observed that “extradition must take place in a permanent legal context and not in a provisional context, as is the case currently considering the political transition and its challenges”. He added that criminal investigation necessitates an integrated legal and judicial framework to confirm and disclose facts and preserve the rights of the accused. “This requires a stable legal system that is not available now, owing to the current war,” he said. Nevertheless, legal reform has started in Sudan and, emphasizing the need to cooperate with the Court, he said: “We will continue to do that.”