Introduction: The first ICC conviction in the Darfur situation
On October 6, 2025, Trial Chamber I of the International Criminal Court (ICC) delivered its long-awaited judgment in the Situation in Darfur, Sudan. The chamber unanimously found Ali Muhammad Ali Abd-Al-Rahman, known as Ali Kushayb, guilty on 27 counts of crimes against humanity and war crimes, for his role in attacks on Fur, Masalit, and other non-Arab communities between August 2003 and March 2004 in West Darfur. The ruling marks the ICC’s first conviction related to Darfur and the first case at the Court to convict for gender-based persecution.
The context: Darfur’s scorched-earth campaign and the path to justice
The Darfur conflict began in 2003, when the Sudanese government and the Arab militia known as the Janjaweed carried out a campaign described by many observers as genocidal. Entire villages were burned, civilians killed, and mass displacement ensued, with women and girls disproportionately subjected to sexual violence. While the international community initially failed to halt or fully respond to the violence, the United Nations Security Council referred the Darfur situation to the ICC in March 2005—a landmark action as the Council’s first referral of a situation to the Court for alleged genocide, crimes against humanity, and war crimes.
The defendant and the charges: Ali Kushayb’s role in the violence
A former senior leader within the Janjaweed militia, Ali Kushayb faced accusations including murder, torture, rape, persecution, and forced transfers of populations. He appeared before the ICC in June 2020 after surrendering to authorities in the Central African Republic. The chamber ultimately found him guilty on multiple counts as both a direct perpetrator and a co-perpetrator, tied to operations such as Mukjar, Deleig, Kodoom, and Bindisi that resulted in the deaths, injuries, and mass abuses of hundreds of civilians. Among the convictions, the court recognized rape as a war crime and a crime against humanity and acknowledged gender-based persecution linked to the attacks on Fur men and women.
Key findings: What the court established
The verdict confirms Ali Kushayb’s responsibility for:
- Direct murder and torture as crimes against humanity and war crimes;
- Outrage upon personal dignity and persecution as crimes against humanity and war crimes;
- Co-perpetration for killings, torture, and sexual violence during joint operations with Janjaweed and Government forces;
- Forcible transfer of populations, pillaging, and destruction of civilian property as war crimes and crimes against humanity.
The judgment also sets a historic precedent by recognizing gender-based persecution in the context of mass violence in Darfur, underscoring the unique harms faced by women and girls during the attacks.
Why this matters: Legal and humanitarian implications
Tuesday’s conviction demonstrates the ICC’s ongoing relevance in addressing international crimes long characterized by impunity. It provides a measure of accountability for victims and survivors and reinforces international norms against genocide, crimes against humanity, and war crimes. The ruling also highlights the ICC’s investigative reach, given Kushayb’s long isolation from direct law enforcement in Sudan and his eventual surrender to a distant jurisdiction.
Next steps: Sentencing and reparations
Following the conviction, the ICC will determine the appropriate sentence for Ali Kushayb, a process that will consider the severity of the crimes, his role as a senior militia leader, and the impact on victims and communities. The Court will also inaugurate a reparations phase intended to address the harm suffered by victims and to provide distinct remedies for survivors and communities affected by the Darfur violence.
Broader impact: A turning point for Darfur justice
While justice cannot erase the past, this verdict offers a crucial legal milestone for Darfur and for victims around the world seeking accountability for mass atrocity crimes. It may influence how future cases are pursued—both within the ICC and through regional mechanisms—by confirming that perpetrators of mass harm, including gender-based crimes, can be held legally responsible even after many years have elapsed since the offenses.
Conclusion: A step toward closure and accountability
The ICC’s first Darfur conviction in Ali Kushayb’s case signals a sustained commitment to international justice. As the sentence is pronounced and reparations processes unfold, survivors and advocates will be watching closely to see how accountability translates into meaningful redress and regional stability in Sudan and the broader Sahel-Saharan region.
