International Criminal Court (ICC) / HANDOUT" Ali Muhammad Ali Abd-Al-Rahman, commonly known as Ali Kushayb attends his trial on war crimes case from Sudan’s Darfur in Darfur, Sudan on May 24, 2021.
In a landmark ruling, the International Criminal Court (ICC) in The Hague delivered a unanimous guilty verdict on Monday, October 6, 2025, against Ali Muhammad Ali Abd al-Rahman, widely known as Ali Kushayb, a former Sudanese militia leader. The court found Kushayb culpable on 27 counts of war crimes and crimes against humanity committed during the brutal conflict in Sudan’s Darfur region between 2003 and 2004. This decision marks a significant moment in the pursuit of justice for atrocities committed during one of the most devastating conflicts of the early 21st century, which left an estimated 300,000 people dead and displaced approximately 2.5 million others, according to United Nations figures.
Kushayb’s conviction stems from his role as a senior commander of the Janjaweed militia, a group aligned with the Sudanese government during the Darfur conflict. The ICC’s unanimous decision convicted him on a total of 31 counts, including charges of attacks against civilians, murder, torture, rape, pillaging, destruction of property, persecution, and the forcible transfer of populations. These crimes were specifically linked to military operations in the towns of Kodoom and Bindisi, as well as other related campaigns in Darfur during the specified period. The court’s ruling underscores the gravity of the atrocities committed under Kushayb’s command and signals the ICC’s commitment to holding perpetrators of such crimes accountable, regardless of the time elapsed since the offenses.
The Darfur conflict, which erupted in 2003, was a complex and brutal war involving the Sudanese government, led at the time by President Omar al-Bashir, and three rebel movements: the Sudan Liberation Movement (SLM), the Justice and Equality Movement (JEM), and other smaller factions. The conflict was rooted in longstanding ethnic and political tensions, exacerbated by competition over resources such as land and water in the arid region of western Sudan. The Sudanese government responded to the rebellion with a scorched-earth campaign, deploying its military and arming the Janjaweed militia, a group primarily composed of Arab nomadic tribesmen, to suppress the rebellion among the region’s non-Arab populations.
The Janjaweed, under leaders like Kushayb, became infamous for their brutal tactics, which included systematic attacks on civilian populations, mass killings, sexual violence, and the destruction of entire villages. These actions led to widespread displacement and suffering, with millions fleeing their homes to seek safety in overcrowded refugee camps within Sudan or across the border in neighboring Chad. The United Nations and other humanitarian organizations documented the catastrophic toll of the conflict, estimating that 300,000 people lost their lives due to violence, disease, and starvation, while 2.5 million were uprooted, creating one of the largest displacement crises of its time.
Ali Kushayb, a key figure in the Janjaweed’s operations, was accused of orchestrating some of the most heinous acts of violence during the conflict. The ICC’s prosecution presented evidence that Kushayb personally led or oversaw attacks on civilian populations in Kodoom, Bindisi, and other areas, where his forces carried out murders, rapes, and widespread looting. These acts were not random but part of a deliberate strategy to terrorize and displace non-Arab communities perceived as supporting the rebel movements. The court found that Kushayb’s actions constituted crimes against humanity, defined as widespread or systematic attacks against civilian populations, and war crimes, which involve violations of the laws and customs of war.
The specific operations in Kodoom and Bindisi, highlighted in the ICC’s ruling, were emblematic of the Janjaweed’s tactics. In these attacks, Kushayb’s forces targeted villages, burning homes, looting livestock and possessions, and committing acts of sexual violence against women and girls. Civilians were subjected to torture, and many were killed in brutal fashion, with entire communities forcibly displaced. The court’s findings detailed how these operations were meticulously planned, with Kushayb playing a central role in coordinating the violence. His conviction on charges of persecution further emphasized the ethnic dimension of the crimes, as the Janjaweed’s attacks disproportionately targeted non-Arab groups such as the Fur, Zaghawa, and Masalit communities.
The ICC’s decision to convict Kushayb on 27 counts reflects the strength of the evidence presented during the trial, which included witness testimonies, survivor accounts, and documentary evidence. The court’s judges determined that Kushayb bore individual criminal responsibility for his actions, either as a direct perpetrator or as a commander who failed to prevent or punish crimes committed by his subordinates. This principle of command responsibility is a cornerstone of international criminal law, ensuring that leaders cannot evade accountability by claiming ignorance of their forces’ actions.
Following the guilty verdict, the ICC announced that a formal sentencing procedure would take place at a later date. This process will determine the length of Kushayb’s imprisonment, which could range up to life in prison, depending on the severity of the crimes and any mitigating factors presented by the defense. The sentencing phase will also allow victims and their representatives to provide impact statements, giving voice to the survivors of the Darfur atrocities and emphasizing the long-lasting consequences of Kushayb’s actions on their lives and communities.
The conviction of Ali Kushayb represents a significant milestone in the ICC’s efforts to address the Darfur conflict, which has been one of the court’s most challenging cases. The ICC issued arrest warrants for several Sudanese officials, including former President Omar al-Bashir, in connection with the Darfur atrocities, but progress has been slow due to Sudan’s initial refusal to cooperate with the court. Kushayb’s arrest in June 2020, after years as a fugitive, was a breakthrough, facilitated by his surrender in the Central African Republic, where he had fled to evade justice. His trial, which began in 2022, was the first major ICC prosecution related to Darfur to reach a verdict, highlighting the court’s persistence despite logistical and political obstacles.
The broader implications of Kushayb’s conviction extend beyond the courtroom. For the people of Darfur, the verdict offers a measure of justice and acknowledgment of their suffering, though many challenges remain in the region. Violence in Darfur has persisted in varying degrees since the height of the conflict, with new clashes erupting in recent years amid Sudan’s ongoing political instability. The conviction also sends a message to other perpetrators of international crimes that accountability, though delayed, is possible. Human rights organizations have welcomed the verdict, with groups like Amnesty International and Human Rights Watch calling it a step toward ending impunity for atrocities in Darfur.
However, the ICC’s work in Darfur is far from complete. Omar al-Bashir, who faces charges of genocide, war crimes, and crimes against humanity, remains a fugitive, despite his ousting from power in 2019. Sudan’s transitional government has expressed willingness to cooperate with the ICC, raising hopes that other suspects may eventually face trial. Yet, political complexities and ongoing violence in Sudan pose significant hurdles to achieving full accountability.
The Kushayb verdict also highlights the importance of international justice mechanisms in addressing mass atrocities. The ICC, established in 2002 under the Rome Statute, is tasked with prosecuting individuals for genocide, war crimes, crimes against humanity, and the crime of aggression. While the court has faced criticism for its perceived focus on African cases and challenges in securing convictions, the Kushayb ruling demonstrates its capacity to deliver justice in complex cases. It also underscores the need for global cooperation, as the ICC relies on member states and international organizations to arrest suspects and gather evidence.
For the victims of the Darfur conflict, the conviction of Ali Kushayb is a moment of reckoning, though it cannot undo the immense suffering caused by the violence. Survivors continue to face displacement, poverty, and insecurity, with many still living in refugee camps or struggling to rebuild their lives. The ICC’s efforts, while significant, are only one part of a broader need for reconciliation, humanitarian aid, and political stability in Sudan. The court’s work serves as a reminder of the importance of documenting atrocities, preserving evidence, and amplifying the voices of victims to ensure that such crimes are neither forgotten nor repeated.
As the ICC prepares for the sentencing phase, the international community will be watching closely. The outcome of this case could set a precedent for future prosecutions related to Darfur and other conflicts worldwide. For now, the conviction of Ali Kushayb stands as a testament to the resilience of survivors and the enduring pursuit of justice, even in the face of immense challenges. The people of Darfur, who have endured unimaginable loss, deserve nothing less than a commitment to accountability and the restoration of peace in their region.
