Overview: A Landmark Verdict in the Darfur Case
The International Criminal Court (ICC) has issued its first conviction in the Situation in Darfur, Sudan, delivering a verdict that resonates beyond the courtroom. On October 6, 2025, Trial Chamber I unanimously found Ali Muhammad Ali Abd-Al-Rahman, known as Ali Kushayb, guilty on 27 counts of crimes against humanity and war crimes. The charges relate to attacks against Fur, Masalit, and other non-Arab communities in West Darfur between August 2003 and March 2004, during a brutal scorched-earth campaign carried out by the Janjaweed militia in close coordination with elements of the Government of Sudan.
Context: The Darfur Crisis and International Recognition
The Darfur crisis, which drew global attention at the turn of the century, saw villages burned, countless civilians killed, and massive displacement. The government-backed Janjaweed militias conducted a campaign that authorities and observers described as genocidal in intent, predicated on targeting non-Arab communities. The international response culminated in a 2005 U.N. Security Council referral of the Darfur situation to the ICC, a historic step as the Council’s referral of a situation to the court has been rare.
The Accused and Legal Journey
A former senior leader of the Janjaweed, Ali Kushayb was arrested and surrendered to ICC custody in June 2020 after being transferred from the Central African Republic. He faced 31 counts initially, with four counts later not entering a conviction as the court found the underlying conduct already encompassed by other proven charges. The prosecution built its case on 81 witnesses and 1,521 pieces of evidence sourced from government documents, U.N. materials, satellite imagery, and multimedia records, illustrating a coordinated pattern of violence against civilian populations.
What the Verdict Includes
The Chamber convicted Kushayb on multiple dimensions of criminality:
- As a direct perpetrator of murder and torture—crimes against humanity and war crimes.
- As a co-perpetrator in joint operations with the Janjaweed and government forces, involving at least 200 captives during the Mukjar and Deleig operations, including murder and torture.
- Orders to the Janjaweed to commit murder and rape during the Kodoom and Bindisi operations, constituting war crimes and crimes against humanity, along with broader attacks on civilian populations, pillaging, and forcible transfer of populations.
- Gender-based persecution, including the finding of rape as both a war crime and a crime against humanity, recognizing profound harm to women and girls in the affected communities.
- Persecution on ethnic and political grounds, extending to male victims from the Fur tribe.
The judgment explicitly acknowledges the gender dimension of the crimes, marking a significant milestone as the ICC’s first conviction for gender-based persecution in Darfur. The court did not base its conviction on four counts because the proven facts overlapped with existing convictions, ensuring a coherent and legally grounded outcome.
Next Steps: Sentencing and Victims’ Reparations
With the verdict delivered, the ICC will proceed to sentencing. A separate reparations phase will also be opened to determine compensation and other remedies for victims and affected communities. The ruling underlines the court’s role in pursuing accountability and justice for thousands of victims who endured violence, displacement, and lasting trauma in Darfur.
Implications for International Justice
Today’s decision reinforces the ICC’s mandate to prosecute individuals for grave crimes, including crimes against humanity, war crimes, and gender-based persecution. While accountability for top-level leaders has often faced political and practical barriers, Kushayb’s conviction demonstrates that the court can deliver verdicts years after crimes occurred, providing a measure of justice for victims and contributing to the historical record of the Darfur crisis.
About the Case’s Historical Significance
The Darfur proceedings at the ICC represent a critical chapter in international criminal law, offering precedent for subsequent cases involving mass atrocities, and highlighting the enduring need for ongoing accountability mechanisms to deter future crimes.
