What's In Blue

Posted Mon 27 Jan 2025
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Sudan (International Criminal Court): Briefing

This afternoon (27 January), the Security Council will convene to receive the semi-annual briefing of International Criminal Court (ICC) Prosecutor Karim Asad Ahmad Khan on the ICC’s Darfur-related work.

(For background on the ICC’s work on Darfur and the situation in Sudan, see the briefs on Sudan in our August and December 2024 Monthly Forecasts.)

At the meeting, Khan is expected to provide an update on the ICC’s recent judicial activities. In December 2024, the ICC concluded the trial in the case of Prosecutor v. Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”). Abd-Al-Rahman, reportedly a former leader of the Janjaweed militia, is accused of 31 counts of war crimes and crimes against humanity allegedly committed between August 2003 and approximately April 2004 in Darfur. A decision in the case, which was opened on 5 April 2022, is expected to be delivered this year. Khan’s most recent report—submitted to the Council on 16 January, pursuant to resolution 1593 of 31 March 2005—stated that after the Defence submitted its final witness statement in September 2024, both the Office of the Prosecutor (OTP) and the Defence, along with the legal representatives for victims, filed their final trial briefs in November 2024. This was followed by closing statements from all parties and participants in December 2024.

Khan is also likely to inform the members about the investigations of other individuals subject to arrest warrants in the Darfur situation. Four arrest warrants issued by the ICC remain outstanding—against Omar Al Bashir, former Sudanese President; Ahmad Muhammad Harun, former Sudanese Minister of State for the Interior; Abdel Raheem Muhammad Hussein, former Sudanese Minister of National Defence; and Abdallah Banda Abakaer Nourain, commander-in-chief of the Justice and Equality Movement at the time of the warrant. Pursuant to resolution 1593 and the subsequent orders of the ICC, Sudan remains under obligation to surrender the four remaining suspects to the court. According to the OTP, following the outbreak of fighting in April 2023, Bashir, Hussein, and Harun—who had all been in custody in Kober prison in Khartoum—were released. Subsequently, media reports accused Harun of mobilising supporters of the former Bashir regime to fight alongside the army in Khartoum and other parts of Sudan.

During his briefing, Khan may describe his recent interactions with Sudanese government officials and other relevant regional and international stakeholders. During the six-month period covered by Khan’s 16 January report, the Sudanese government’s focal point for cooperation in Port Sudan met with ICC representatives to discuss, among other issues, pending requests for assistance from the ICC to the Sudanese government. In December 2024, a delegation led by Sudan’s Attorney General, Al Fakr Taifur, visited the Hague, where they held meetings with representatives from the Court, including the OTP. The discussions focused on strengthening cooperation between the OTP and the government, as well as plans for a future visit by OTP representatives to Port Sudan. The ICC also received a delegation from the RSF which offered to facilitate the OTP’s ongoing investigations; however, there has been no further engagement in this regard.

The 16 January report acknowledged constructive engagement with the Sudanese authorities regarding information on material witnesses and support for the collection of other evidence. However, it noted that the Sudanese authorities have yet to respond to the OTP’s request regarding the whereabouts of Harun. In his remarks today, Khan is expected to urge the Sudanese authorities to take immediate steps to locate and arrest the fugitives, with the goal of ending the cycle of impunity. He may also reiterate that the failure to ensure accountability for past crimes over the last two decades has contributed to the ongoing violence and atrocities in the current conflict.

In relation to the ICC’s ongoing investigations into crimes allegedly committed in West Darfur since April 2023, Khan’s 16 January report notes that the OTP has gathered sufficient evidence to establish reasonable grounds to believe that a wide range of crimes under the Rome Statute have been and continue to be committed in Darfur that come under the ICC’s jurisdiction. These include killings, pillaging, attacks against internally displaced persons (IDPs) camps, indiscriminate targeting of civilian populations, gender-based crimes, and crimes against and affecting children. (Under the Rome Statute, the ICC has jurisdiction over four crimes: genocide, crimes against humanity, war crimes, and the crime of aggression.) The report adds that final steps are being taken to present applications for arrest warrants with respect to those responsible for crimes in West Darfur. Furthermore, the OTP has continued to preserve evidence and information regarding alleged crimes committed by the warring parties in North Darfur.

The Council is divided on the work of the ICC. Denmark, France, Greece, Guyana, Panama, the ROK, Sierra Leone, Slovenia, and the UK are states parties to the Rome Statute of the ICC. Algeria, China, Pakistan, Russia, Somalia, and the US are not. Tomorrow, several members are likely to welcome the progress on Abd-Al-Rahman’s case and call on Sudan to increase its cooperation with the court, including by providing access to key witnesses. These members may also support the OTP’s efforts to investigate crimes committed during the ongoing hostilities in Sudan.

Russia has taken a more critical stance toward the ICC following the ICC’s announcement on 17 March 2023 that it had issued arrest warrants for Russian President Vladimir Putin and Commissioner for Children’s Rights Maria Lvova-Belova for the alleged war crimes of “unlawful deportation” and “unlawful transfer” of children from Ukraine to Russia.

While the US has traditionally supported the ICC’s efforts concerning Sudan, the ICC faced backlash after issuing arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant for crimes against humanity and war crimes linked to Israel’s military actions in Gaza, since at least 8 October 2023. Former US President Joe Biden condemned the ICC’s issuance of arrest warrants as “outrageous” and reaffirmed US support for Israel in addressing security threats. During his first term, US President Donald Trump declared a national emergency and imposed sanctions on ICC officials, including former ICC Prosecutor Fatou Bensouda, citing concerns over investigations into US personnel and allies for alleged crimes under the Rome Statute. While the Biden administration later revoked these measures, on 20 January, Trump signed an executive order nullifying Biden’s decision terminating sanctions against the ICC. On 9 January, the US House of Representatives passed the “Illegitimate Court Counteraction Act”, which introduces sanctions measures with respect to the ICC for any efforts to “investigate, arrest, detain, or prosecute any protected person of the US and its allies”.

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