Allegations & Charges
Ali Muhammad Ali Abd-Al-Rahman (Kushayb) is allegedly one of the leaders of the militia/ Janjaweed. The ICC Office of the Prosecutor (OTP) alleges that Kushayb was a senior leader in the Wadi Salih Locality in western Darfur, Republic of Sudan, and a member of the Popular Defense Forces (PDF).
The OTP alleges that Kushayb commanded thousands of militia/Janjaweed from August 2003 to March 2004, and that Kushayb was perceived as a mediator between the militia/Janjaweed and the Sudanese Armed Forces. While in these positions, Kushayb allegedly recruited, armed, and funded the Janjaweed and the militias aligned with the Government of the Republic of Sudan. In so doing, Kushayb allegedly contributed to the implementation of the Sudanese Armed Forces and the militia/Janjaweed’s plan to maintain security in Darfur by attacking civilian populations perceived to be associated with rebels.
In 2003 and 2004, the Sudanese Armed Forces, the militias, and the Janjaweed allegedly carried out attacks against civilians in towns including Kodoom, Bindisi, Mukjar, Arawala and surrounding areas, which the OTP alleges were devoid of insurgency activities at the time. Attacks by the Sudanese Armed Forces, militias, and Janjaweed often allegedly targeted civilians from the Fur, Zaghawa, and Masalit populations, and included murder, rape and sexual violence, pillaging, and destruction of civilian property. Kushayb allegedly personally participated in some of these attacks. Kushayb remains at large.
Please visit the Court’s website for more information on The Prosecutor v. Harun and Kushayb.
The Accused is charged with the crimes listed below under the following modes of criminal liability:
Committing atrocity crimes as an individual, jointly with another or through another person (Article 25(3)(a) of the Rome Statute)
Intentionally contributing to the commission or attempted commission of atrocity crimes crimes by a group, with the aim of furthering the criminal activity or purpose of the perpetrators (Article 25(3)(d)(i)), and with knowledge of the perpetrators’ intention to commit these crimes (Article 25(3)(d)(ii))
Under these modes of criminal liability, the Accused is charged with the following atrocity crimes:
Murder (Crime against Humanity): Article 7(1)(a)
Deportation (Crime against Humanity): Article 7(1)(d)
Imprisonment (Crime against Humanity): Article 7(1)(e)
Torture (Crime against Humanity): Article 7(1)(f)
Persecution (Crime against Humanity): Article 7(1)(h)
Inhumane Acts (Crime against Humanity): Article 7(1)(k)
Violence to Life (War Crime): Article 8(2)(c)(i)
Outrage upon Personal Dignity (War Crime):Article 8(2)(c)(ii)
Directing Attacks against Civilians (War Crime):Article 8(2)(e)(i)
Pillaging (War Crime):Article 8(2)(e)(v)
Rape (War Crime):Article 8(2)(e)(vi)
Destroying or Seizing Property (War Crime):Article 8(2)(e)(xii)