Strong Probability ‘War Crimes, Crimes against Humanity’ Being Committed in Darfur, Deputy Court Prosecutor Tells Security Council
There are “reasonable grounds to believe that war crimes and crimes against humanity have been and are continuing to be committed in Darfur”, an International Criminal Court prosecutor told the Security Council today, underscoring that her office is progressing towards delivering justice for past and ongoing atrocities, even amid limited resources and attempts to obstruct its mandate.
“This conclusion is grounded on the intensive activities that the Office of the Prosecutor has been undertaking in the last six months and in earlier reporting periods,” said Nazhat Shameem Khan, Deputy Prosecutor of the Court, in a biannual briefing to the 15-member organ.
The situation in Darfur was referred to the Court in 2005 through resolution 1593 (2005). Investigations and trials have been ongoing to hold perpetrators accountable for their atrocity crimes committed back then. In April 2023, fighting between the Sudanese Armed Forces and the Rapid Support Forces intensified significantly in Darfur, with devastating civilian casualties. “We come together at a time when it can seem difficult to find appropriate words to describe the depth of suffering in Darfur,” she said.
In the past six months, the Office focused on crimes committed in west Darfur, she said. Based on outreach efforts and drawing on the over 7,000 evidence items collected to date, it remains focused on delivering concrete landmarks to respond to the legitimate and impassioned calls for justice heard from victims and survivors. “We will not be deterred until meaningful justice is delivered,” she said.
Turning to the past case against Ali Muhammad Ali Abd-Al-Rahman, also known as “Ali Kushayb”, reportedly a former leader of the Janjaweed militia, she said that the upcoming decision in his trial — expected in the second half of 2025 — will provide “an important example of what can be achieved when we work together in this common effort”.
The Office is also working intensively to ensure that the Ali Kushayb trial represents only the first of many in relation to this situation, she said, noting positive cooperation with the Government of Sudan while highlighting the importance of arresting individuals — former Sudanese President Omar Hassan Ahmad Al Bashir; former Sudanese Minister of State for the Interior Ahmad Harun; and former Sudanese Minister of National Defence Abdel Raheem Muhammad Hussein — present in Sudan.
“Transferring Mr. Harun now would carry exceptional weight, given that the crimes he is accused of are closely linked to those currently before the Court in Mr. Abd-Al-Rahman’s trial,” she said, adding: “Action by the Government of Sudan to arrest Mr. Harun would send a strong signal of its dedication to ensuring accountability for such crimes.”
She, however, reported that the Office’s resources are critically low relative to the scale of allegations to investigate, and it has experienced hostility and obstruction in its work and mandate. “We need your support now more than ever before,” she appealed.
The Court — established by the Rome Statute, which was adopted in 1998 and entered into force in 2002 — investigates and prosecutes individuals for the most serious offenses against the international community — namely genocide, war crimes, crimes against humanity and the crime of aggression.
Sudan’s representative reaffirmed his country’s commitment to cooperating with the Court under the 2021 memorandum of understanding, emphasizing that national judicial efforts remain the priority. While Sudan has yet to ratify the Rome Statute, it has incorporated Court crimes into domestic law and facilitated multiple visits by Court officials, including to Port Sudan and Darfur.
He described the Rapid Support Forces as a foreign backed, ethnically based militia responsible for launching an attempted coup. “This was a rebellion against the constitutional order,” he stated, citing the April 2023 attacks on airports and Government figures. The Sudanese Armed Forces, meanwhile, have acted professionally, taking steps to protect civilians. Furthermore, he called on the Court to investigate foreign actors supporting the war, accusing them of smuggling weapons, supplying drones and food, and enabling militias to occupy Sudanese territory with mercenaries. “This is a new crime of aggression that must be contained,” he said.
Members Express Support for Court and Its Independence
Council members that are States parties to the Rome Statute — Denmark, France, Greece, Guyana, Panama, Republic of Korea, Sierra Leone, Slovenia and the United Kingdom — expressed their support for the Court’s work, with France’s representative welcoming progress made by the Office of the Prosecutor in investigating widespread international crimes in Darfur. He praised the field deployments to eastern Chad and Port Sudan as signs of the Office’s “relentless commitment”. Referring to the recent trial of Ali Kushayb, he called the upcoming judgment “a key point in the fight against impunity”.
Similarly, Sierra Leone’s delegate stated that the landmark trial of Mr. Kushayb represents “a milestone in the pursuit of justice” and “a symbol of hope for those affected by ongoing crimes”. He expressed deep concern about the recent imposition of unilateral sanctions against four sitting female judges from Benin, Uganda, Peru and Slovenia. “We underscore the importance of respecting the prosecutorial and judicial independence of the Court, an institution to which this Council has referred two situations,” he said.
The United Kingdom’s representative also reiterated its support for the Court and its independence. “We do not support sanctioning individual court officials,” he said, adding that the Court must be permitted to do its work, exercising its jurisdiction in line with the Rome Statute.
Guyana’s delegate welcomed the intensified efforts of the Prosecutor, especially the focus on gender-based crimes, while the Republic of Korea’s representative praised the Court’s “victim-centred approach”, particularly its engagement with survivors and refugees. Meanwhile, Slovenia’s delegate commended the Office for continuing evidence collection in relation to crimes that occurred in west Darfur since April 2023 and encouraged it to continue monitoring and significantly strengthen its investigation into the situation in North Darfur, especially in and around ZamZam camp.
“Tragically, as we have heard repeatedly in this Chamber, the people of Sudan are still trapped in a seemingly endless cycle of violence and desperation,” said Denmark’s representative, expressing her country’s commitment to the Council working to break the cycle of impunity and build lasting peace in Sudan. Greece’s delegate stressed the need for progress in the arrest and surrender of suspects like former President of Sudan Omar al-Bashir, former Minister for Defence Abdel Raheem Hussein and former State Minister for Interior Ahmed Haroun, stating that Sudan’s limited cooperation must improve, as it is an international obligation stemming from Council resolution 1593 (2005). Panama stands in solidarity with the people of Darfur, said its delegate, noting that Darfuris have suffered these atrocities first-hand. “We also stand in solidarity with all those who continue to work for a brighter future for Sudan,” he added.
Council members that are not States parties to the Rome Statute — Algeria, China, Pakistan, Russian Federation, Somalia and the United States — aired divergent views of the Court’s work.
Court Has Not Achieved Tangible Results
More than 20 years since the Darfur situation was referred to the Court, “we have not yet achieved tangible results”, despite some progress noted in the report of the Prosecutor, Algeria’s representative said. Concurring, the Russian Federation’s delegate dismissed the Prosecutor’s report on Darfur as lacking substance and relevance, stating: “We are talking merely about a single judicial proceeding vis-à-vis a single accused person,” which speaks volumes about the Court’s overall ineffectiveness. The Court has transformed into a “political cudgel wielded by the collective West”, she said, calling for “removing the Darfur file from the Court’s docket and handing over the matter to the Sudanese themselves”.
“The Court should strictly abide by the complementary jurisdiction principle of the Rome Statute, stay independent, objective and impartial,” said China’s representative, emphasizing the importance of avoiding double standards or selective application of international law. Pakistan’s delegate, Council President for July, speaking in his national capacity, emphasized that justice must go hand-in-hand with national sovereignty. He warned that “double standards discredit the notion of international justice”, urging greater impartiality and respect for international law.
“We must explore all avenues for revitalizing national justice institutions to support the Sudan’s ownership of that critical process,” said Somalia’s representative. It is imperative to create an environment that strengthens Sudan’s capacity to administer justice, paving the way for stability and lasting peace. “Sudanese leadership in addressing justice must take precedence, supported by regional and African mechanisms,” he asserted.
“The failure to achieve accountability decades ago is one reason conflict in Sudan continues to burn,” said the speaker for the United States, expressing regret that the “heavily politicized” Court has devoted its resources and attention on Israel despite the atrocities in Sudan. She condemned Prosecutor Karim Khan for seeking arrest warrants for Israel Prime Minister Benjamin Netanyahu and former Israel Minister for Defence Yoav Gallant in connection with the ongoing war against Hamas in Gaza. Sanctions imposed by Washington, D.C., address the fact that the Court has engaged in a grave abuse of the authority that States parties granted it, she said.