Ali Muhammad Ali Abd-Al-Rahman declared guilty of war crimes and crimes against humanity committed in Darfur, Sudan Image

On 6 October 2025, the International Criminal Court (ICC) delivered a historic verdict, finding Ali Muhammad Ali Abd-Al-Rahman, better known by his nom de guerre Ali Kushayb, guilty of 27 counts of war crimes and crimes against humanity committed in Darfur, Sudan. This was the first ever conviction by the ICC related to the atrocities committed in Darfur, marking a significant step toward justice for thousands of victims of the conflict that ravaged the region in the early 2000s. The judgment stands as a milestone in international criminal justice, symbolizing the international community’s determination to hold perpetrators of mass atrocities accountable, regardless of time or rank.

Background of the Darfur Conflict

The Darfur conflict erupted in 2003, when rebel groups from non-Arab communities rose up against the Sudanese government, accusing it of political and economic marginalization. In response, the government launched a violent counter-insurgency campaign, enlisting and arming Arab militias known as the Janjaweed. These militias, working in close coordination with government forces, waged a campaign of terror against civilians belonging primarily to the Fur, Masalit, and Zaghawa ethnic groups. Villages were burned, thousands were killed, women were systematically raped, and millions were displaced from their homes.

Ali Kushayb, a tribal leader from the Wadi Salih area, was one of the principal commanders of these Janjaweed militias. According to the ICC’s findings, he personally led attacks on multiple towns and villages, oversaw executions, and encouraged or participated in acts of sexual violence and torture. The Court found that his forces targeted civilians deliberately, often killing men, assaulting women, and destroying property to terrorize local populations into submission or displacement.

The ICC Case and Charges

The ICC’s investigation into Darfur began in 2005, after the United Nations Security Council referred the situation to the Court under Resolution 1593. In 2007, the ICC issued a warrant for the arrest of Ali Kushayb, accusing him of crimes committed in 2003 and 2004. The charges included murder, rape, torture, persecution, forcible transfer of population, pillaging, destruction of property, and attacks against civilians.

For more than a decade, Kushayb evaded justice. He remained in Sudan under the protection of government officials, and the country refused to cooperate with the ICC, citing sovereignty concerns. It was not until June 2020 that he surrendered voluntarily in the Central African Republic, reportedly fearing for his safety after the fall of Omar al-Bashir’s regime. He was then transferred to The Hague, becoming the first Darfur suspect to face trial before the ICC.

Initially, prosecutors charged him with 31 counts of crimes against humanity and war crimes. Following the confirmation of charges hearing in May 2021, the Court confirmed the bulk of the allegations, emphasizing that the crimes were committed as part of a widespread and systematic attack against civilian populations.

The Trial and Evidence

The trial officially opened in April 2022 before Trial Chamber I of the ICC, composed of Judges Joanna Korner, Reine Alapini-Gansou, and Althea Violet Alexis-Windsor. Over the course of two years, the Chamber heard testimonies from more than 70 witnesses, including survivors, former militia members, and expert analysts. Witnesses described horrific acts—entire villages set ablaze, people executed in front of their families, and women and girls subjected to brutal sexual assaults.

Prosecutors argued that Kushayb exercised command responsibility over the Janjaweed forces and that he played a key role in organizing attacks, providing logistical support, and ensuring impunity for his subordinates. Several witnesses recounted that he was present during attacks, sometimes personally shooting or ordering the execution of civilians. The Court found these testimonies credible and corroborated by documentary and forensic evidence.

The defense, on the other hand, maintained that Kushayb was a victim of mistaken identity and had been falsely accused. He denied being the militia commander and claimed to be a local figure who tried to protect civilians. His lawyers contended that the prosecution’s case relied on unreliable witnesses and politically motivated claims. However, the judges dismissed these arguments, noting the consistency and credibility of the evidence presented by the prosecution.

The Verdict and Its Significance

In October 2025, after careful deliberation, the ICC found Ali Kushayb guilty of 27 counts of war crimes and crimes against humanity. The Court determined that he had actively participated in and directed widespread attacks that resulted in the deaths of hundreds of civilians and the destruction of entire communities. The crimes for which he was convicted included murder, rape, persecution, torture, forcible transfer, and attacks on civilian populations.

This conviction carries immense symbolic and legal weight. It is the first ICC conviction concerning the Darfur conflict, which claimed over 300,000 lives and displaced more than two million people. The verdict demonstrates that even years after atrocities are committed, justice can still be achieved. It also reinforces the principle that military or militia leaders cannot escape accountability for crimes committed under their authority.

For the victims and survivors of Darfur, the ruling represents long-awaited recognition of their suffering. Many had lost faith that justice would ever be served, given the years of inaction and political obstacles. The conviction of one of the most notorious Janjaweed leaders thus serves as both a legal and moral victory, offering a sense of closure to those who endured the horrors of the conflict.

Wider Implications for International Justice

The case of Ali Kushayb also has broader implications for the pursuit of justice in Sudan and beyond. It sends a strong message that perpetrators of mass atrocities can be held accountable even decades later. The conviction may renew calls for the prosecution of former Sudanese President Omar al-Bashir, who remains wanted by the ICC for genocide, war crimes, and crimes against humanity in Darfur.

At the same time, the case exposes ongoing challenges faced by the ICC. It took nearly two decades from the issuance of Kushayb’s arrest warrant to his conviction, reflecting the Court’s dependence on state cooperation and the complexity of investigating crimes in unstable regions. Furthermore, many victims in Darfur still live in dire conditions, and justice in the courtroom must be complemented by reparations, truth-telling, and long-term peace efforts.

The ICC’s judgment, while monumental, is only one step toward achieving full accountability. The upcoming sentencing phase will determine the punishment for Kushayb, who faces a potential life sentence. Beyond this, the international community must ensure that the verdict leads to concrete improvements in the lives of survivors and contributes to broader reconciliation in Sudan.

Conclusion

The conviction of Ali Muhammad Ali Abd-Al-Rahman marks a turning point in the global fight against impunity. It is a testament to the persistence of international justice mechanisms and the courage of survivors who came forward to testify after years of fear and silence. The verdict not only delivers justice for Darfur’s victims but also reaffirms the principle that no individual, no matter how powerful, is beyond the reach of the law.

By holding Ali Kushayb accountable, the ICC has set a precedent that resonates far beyond Sudan. It demonstrates that war crimes and crimes against humanity will not go unpunished and that the voices of the oppressed can, in time, triumph over the forces of brutality and denial.

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