The Prosecutor v. Abd-Al-Rahman
Allegations & Charges
Ali Muhammad Ali Abd-Al-Rahman (also known as “Ali Kushayb”) is alleged to be one a senior leaders of the militia/ Janjaweed during the period under focus in the Sudan situation. The ICC Office of the Prosecutor (OTP) alleges that Mr. Abd-Al-Rahman 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 Mr. Abd-Al-Rahman commanded thousands of militia/Janjaweed from August 2003 to March 2004, and that Mr. Abd-Al-Rahman was perceived as a mediator between the militia/Janjaweed and the Sudanese Armed Forces. While in these positions, Kushayb Mr. Abd-Al-Rahman allegedly recruited, armed, and funded the Janjaweed and the militias aligned with the Government of the Republic of Sudan. In so doing, Mr. Abd-Al-Rahman 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. Mr. Abd-Al-Rahman allegedly personally participated in some of these attacks.
In June 2020, Mr. Abd-Al-Rahman surrendered himself voluntarily in Central African Republic and was transferred to ICC custody.
Please visit the Court’s website for more information on The Prosecutor v. Abd-Al-Rahman.
Mr. Abd-Al-Rahman is charged under a number of different modes of liability outlined in the Rome Statute:
Committing atrocity crimes as an individual, jointly with another or through another person: Article 25(3)(a)
Ordering, soliciting, or inducing the commission of these crimes: Article 25(3)(b)
Attempting to commit a crime by taking action that commences its execution by means of a substantial step: Article 25(3)(f)
Under these modes of criminal liability, the Accused is charged with the following atrocity crimes (31 counts total):
Intentionally directing attacks against the civilian population as such (War Crime): Article 8(2)(e)(i)
Murder (Crime Against Humanity): Article 7(1)(a)
Murder (War Crime): Article 8(2)(c)(i)
Pillaging (War Crime): Article 8(2)(e)(v)
Destruction of the property of an adversary without military necessity (War Crime): Article 8(2)(e)(xii)
Other inhumane acts (Crime Against Humanity): Article 7(1)(k)
Outrages upon personal dignity (War Crime): Article 8(2)(c)(ii)
Rape (Crime Against Humanity): Article 7(1)(g)
Rape (War Crime): Article 8(2)(e)(vi)
Forcible transfer (Crime Against Humanity): Article 7(1)(d)
Persecution (Crime Against Humanity): Article 7(1)(h)
Torture (Crime Against Humanity): Article 7(1)(f)
Torture (War Crime): Article 8(2)(c)(i)
Cruel treatment (War Crime): Article 8(2)(c)(i)
Other Resources (Non-ABA):
Justice Update – Darfur at the ICC: Mr “tough fibre” or not? (Asymmetrical Haircuts Podcast, May 31, 2021)
Pre-Trial Chamber I issued a public arrest warrant for Ali Kushayb on April 27, 2007, which was followed by a second arrest warrant made public in June, 2020
The initial appearance was on June 15, 2020, during which Mr. Abd-Al-Rahman’s case was severed from Mr. Harun’s (still at large) case.
The confirmation of charges hearing was from May 24 – 26, 2021. The purpose of the confirmation is for the judges to establish if there is sufficient evidence for the case to continue to a full trial. The charges can be confirmed either in full or in part.
Pre-Trial Chamber II confirmed all 31 charges against Mr. Abd-Al-Rahman on July 9, 2021. Mr. Abd-Al-Rahman can only request to appeal the confirmation of these charges with the Pre-Trial Chamber II’s approval.
The Trial Chamber I scheduled the opening of the trial for April 5, 2022.
Pre-Trial Chamber I issued a public arrest warrant for Ali Kushayb on April 27, 2007, which was followed by a second arrest warrant made public in June, 2020.
Arrest warrantArrest Warrant Issued : April 27, 2007
Second arrest warrant (issued 2018, made public 2020)
The confirmation of charges hearing took place from May 24-26, 2021. Pre-Trial Chamber II confirmed all 31 charges against Mr. Abd-Al-Rahman on July 9, 2021.
Prosecutor’s Submission of the Document Containing the Charges
Press Release (conclusion of hearing)
Press Release (confirmation of charges)
Decisionon the Confirmation of Charges
The first hearing and opening of the trial is scheduled for April 5, 2022 in Trial Chamber I.Start of Trial : April 5, 2022