ICC convicts ex-Sudan militia ”Janjaweed” leader for war crimes
The Trial Chamber of the International Criminal Court (ICC) in The Hague, today convicted Ali Muhammad Ali Abdelrahman, known as ‘Ali Kushayb’ and referred to as the ‘Colonel of Colonels’, on 27 counts of war crimes and crimes against humanity in Darfur, between August 2003 and April 2004 “beyond reasonable doubt”.
In a summary of the court’s judgment delivered to a packed courtroom and public gallery in The Hague this afternoon, presiding Judge Joanna Korner said that Kushayb’s crimes are undisputed, and cited harrowing testimony of several witnesses, who gave accounts of a litany abuses, mass murders, torture, rape and gender-based violence, and forced displacements perpetrated on men, women, and children. Judge Korner underlined that the court rejected Kushayb’s main defence of ‘mistaken identity’ that he has maintained during the trial.
Kushayb, who appeared in a dark suit and remained hunched over his table for most of the proceedings, only stood on the orders of Judge Korner to hear her pronounce the verdict against him, and showed little reaction.
Judge Korner convicted Kushayb as a direct perpetrator for murder and torture as crimes against humanity and war crimes, as well as outrages upon personal dignity as a war crime and persecution as a crime against humanity.
It is noteworthy that rather than only ordering the atrocities, witness testimony confirmed that Kushayb, who had a penchant for carrying an axe, personally bludgeoned some victims to death.
He is also convicted as a co-perpetrator, for the joint commission with Janjaweed and/or Government of Sudan Forces, in relation to at least 200 captives and/or detainees during the Mukjar and Deleig Operations, of murder, attempt murder and torture as war crimes and crimes against humanity, outrages upon personal dignity as a war crime, and persecution as a crime against humanity.
He is also convicted for ordering the Janjaweed to commit, during the Kodoom (Kutum) and Bindisi Operation, murder and rape as war crimes and crimes against humanity, attack against a civilian population, outrages upon personal dignity, pillaging and destroying the enemy’s property as war crimes; and forcible transfer of population, persecution and other inhuman acts as crimes against humanity, Judge Korner said.
The Prosecutor had brought four other counts of crimes against humanity and war crimes against Mr Abd-Al-Rahman but the Chamber did not enter a conviction on these counts considering that the criminal conducts underlying these counts were already covered by other counts for which a conviction was pronounced.
The judgment is subject to appeal and the court will pass sentence on Ali Kushayb at a later date. In the meantime, he will remain at the ICC detention centre in Scheveningen, where he has been held since his arrest.
Prosecutor welcomes guilty verdict
In a statement following the hearing, the Office of the Prosecutor of the International Criminal Court welcomed today’s ‘historic conviction’, pointing out that this is the first conviction in the Situation in Darfur, Sudan, and the first in a situation that the UN Security Council referred to the Court. The case also represents the first conviction for gender-based persecution at the Court.
“The conviction of Mr Abd-Al-Rahman is a crucial step towards closing the impunity gap in Darfur. It sends a resounding message to perpetrators of atrocities in Sudan, both past and present, that justice will prevail, and that they will be held accountable for inflicting unspeakable suffering on Darfuri civilians, men, women and children,” said Deputy Prosecutor Nazhat Shameem Khan.
“The judges’ decision is a tribute to the bravery of many thousands of Darfuri victims, who hoped and fought for justice through the years. Upholding the laws of armed conflict, the judgment affirms the fundamental value and dignity of the lives of the Darfuri people,” Deputy Prosecutor Khan added.
UN High Commissioner for Human Rights
In a statement following the judgement, UN High Commissioner for Human Rights Volker Türk welcomed the ICC’s verdicts.
“The convictions of Ali Kushayb represent an important acknowledgment of the enormous suffering endured by the victims of his heinous crimes, as well as a first measure of long overdue redress for them, and their loved ones.” said Türk.
He paid tribute to the “victims who courageously shared their accounts of harrowing and life-altering loss and suffering, hoping against hope that one day accountability would reach their once seemingly untouchable tormentors.”
“It is my earnest hope that today’s verdict will serve as a fresh reminder to the perpetrators of today’s crimes that there can be no impunity for mass crimes against civilians; a reminder that they too will be brought to justice one day for grave violations of the law,” said the High Commissioner.
He said the verdicts confirm the ICC’s continuing importance as a court of last resort, a bulwark against impunity where there is no prospect for accountability at the national level.
