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ICC Hands Down Historic 20-Year Sentence in First Darfur Conflict Trial

The International Criminal Court (ICC) has issued a landmark 20-year prison sentence to Ali Muhammad Ali Abd-Al-Rahman—better known as Ali Kushayb—marking the court’s first completed trial related to the atrocities committed during the early years of the Darfur conflict. The verdict, delivered on Tuesday in The Hague, represents a significant step toward accountability for mass violence that devastated western Sudan more than two decades ago.

Abd-Al-Rahman, now 76, was found guilty in October on 27 counts of war crimes and crimes against humanity. Judges concluded that he played a central role in a brutal campaign carried out by Janjaweed militias, which operated with the support of Sudan’s former government in the early 2000s. The charges included murder, persecution, torture, forcible displacement, and orchestrating acts of sexual violence.

Judges Reject Claims of Limited Responsibility

During the sentencing hearing, the trial chamber dismissed defence arguments that Abd-Al-Rahman held only a marginal role in the conflict. Instead, judges stated that the evidence presented throughout the trial demonstrated that he wielded significant authority over Janjaweed units operating in parts of West Darfur. They emphasized that he was not merely transmitting orders, but directly involved in planning and personally carrying out violent acts.

Presiding Judge Joanna Korner said Abd-Al-Rahman’s leadership position was “essential to the commission of the crimes,” adding that the court recognized the profound suffering endured by survivors and families. “He not only issued orders leading to the offences but took part in perpetrating them,” she noted.

Prosecutors had pressed for a life sentence, describing Abd-Al-Rahman as an individual who instilled fear through extreme brutality. The defence countered that he was misidentified and that the accused was too old to serve a long sentence; they argued that any punishment beyond seven years would effectively equate to imprisonment until death. Ultimately, the judges opted for a joint 20-year term, which, given Abd-Al-Rahman’s advanced age, may well mean he will spend the rest of his life in custody.

A Milestone in International Accountability

The verdict brings closure to the ICC’s first full trial connected to the Darfur crisis, which erupted in 2003 when non-Arab rebel groups accused Sudan’s central government of political and economic neglect. In response, authorities in Khartoum mobilized Arab militias—collectively known as the Janjaweed—to suppress the uprising. These militias became notorious for widespread attacks against civilians, actions that the United States and several human rights organizations later described as genocidal.

The United Nations Security Council referred the Darfur situation to the ICC in 2005, marking one of the earliest instances in which the council used its authority to trigger international prosecution. The ICC then issued warrants against multiple figures, including former Sudanese president Omar al-Bashir. However, Abd-Al-Rahman became the first to face trial, after surrendering to authorities in 2020.

Human rights advocates hailed Tuesday’s sentencing as a long-awaited measure of justice for communities that endured mass violence, displacement, and decades of impunity. Legal experts say the ruling could set a precedent for future cases involving government-backed militias and the targeting of ethnic groups.

Darfur’s Turmoil Continues

While the sentencing brings some accountability for events from the early 2000s, Sudan remains embroiled in new waves of violence. Fighting erupted again in 2023 between the Sudanese Armed Forces and the Rapid Support Forces (RSF)—a powerful paramilitary force widely considered the successor to the Janjaweed. The renewed conflict has been especially devastating in Darfur’s major city, al-Fashir, where ethnically targeted killings and mass displacement have been reported by international observers.

Millions of civilians have been forced to flee their homes across Sudan since the latest conflict began, overwhelming humanitarian agencies. Analysts caution that without a stable political settlement, cycles of armed violence in Darfur are likely to continue, even as the ICC pursues additional investigations into alleged atrocities.

Looking Ahead

The ICC’s ruling underscores the court’s role in prosecuting grave crimes when domestic systems are unable or unwilling to do so. Although Abd-Al-Rahman’s sentencing does not resolve the broader instability gripping Sudan, it sends a message that senior militia leaders can be held accountable—even decades after the crimes occurred.

Source:Africa Publicity

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