ICC chief prosecutor demands 'true accountability' for Darfur genocide

The chief prosecutor of the International Criminal Court has urged the UN Security Council to accelerate action to deliver justice for thousands of people in Sudan’s western Darfur region, the scene of multiple massacres and bloodshed in 2003.

International Criminal Court chief prosecutor Karim Khan visits the Kalma camp for internally displaced people in Nyala, the capital of South Darfur, on August 21, 2022. AFP - ABDELMONIM MADIBU

Speaking in a virtual briefing on Tuesday from the Sudanese capital, Khartoum, Karim Khan said that his resolve to press for greater focus and more resources to arrest and bring to trial alleged ringleaders of the violence had been reinforced, following his recent visit to Darfur that ended this week. 

In his address, Khan said: “The simple truth is that the nightmare for thousands of Darfuris has not ended ... And that nightmare of their experiences in large part continues because meaningful justice and accountability has not been felt in the manner that is required.”

Khan added that the people of Darfur were “tired of promises” and that this was "the time to move forward”.

#ICC Prosecutor #KarimAAKhanQC live now from Khartoum, Sudan briefing UN Security Council: "The trial of Ali Kushayb represents a glimmer of hope for justice in Darfur. We must collectively ensure it is the beginning of true accountability and not a false dawn". pic.twitter.com/XGztTWDGC6

— Int'l Criminal Court (@IntlCrimCourt) August 23, 2022

Ethnic cleansing and crimes against humanity

The vast Darfur region was engulfed in bloodshed in 2003 when rebels from the territory’s ethnic central and sub-Saharan African community launched an insurgency accusing the Arab-dominated government in Khartoum of discrimination and neglect.

The government of President Omar al-Bashir responded with a scorched-earth assault of aerial bombings and unleashed the local nomadic Arab Janjaweed militia on the region, who are accused of mass killings and rapes.

Up to 300,000 people were killed and 2.7 million were driven from their homes.

The massacres and ethnic cleansing have been recognised by prosecutors as genocide.

• UN calls for probe into attack in Darfur that killed 168, injured 99
• Janjaweed militia leader denies atrocities in Darfur at start of ICC trial

In a first-ever briefing to the Security Council by an ICC prosecutor from a country where the court is pursuing justice, Khan said council members should consider visiting Sudan to hear testimony from survivors who still live in refugee camps and still have hopes of seeing those sought by the court prosecuted.

Last April, the first ICC trial to deal with atrocities by Sudanese government-backed forces in Darfur began in The Hague.

The defendant, Janjaweed leader Ali Muhammad Ali Abd–Al-Rahman, also known as Ali Kushayb, pleaded innocent to all 31 charges of war crimes and crimes against humanity.

Khan said the prosecution’s case was expected to conclude early next year.

Al-Bashir to face genoncide charges

Meanwhilie, al-Bashir – who has been in prison in Khartoum since he was ousted from power in 2019 – also faces ICC charges of genocide and crimes against humanity related to the Darfur conflict.

Two other senior figures of al-Bashir’s rule accused of war crimes and crimes against humanity by the ICC are also under arrest in Khartoum: Abdel-Rahim Muhammad Hussein, interior and defense minister during much of the conflict, and Ahmed Haroun, a senior security chief at the time and later the leader of al-Bashir’s ruling party.

Meaningful cooperation between Sudan and the #IntlCrimCourt is paramount. We welcome the ongoing visit by prosecutor @KarimKhanQC to Darfur.

Today #NorwayUNSC called on Sudanese authorities to fulfill its obligations.

➡️https://t.co/qmh0C7qfNJ pic.twitter.com/9dEblsWc43

— NorwayUN (@NorwayUN) August 23, 2022

Cooperation from Sudan's military junta required

Khan recounted to the Security Council that there has been “a backward step” in cooperation between the ICC and Sudan’s current government in recent months.

A military coup in Sudan last October upended Sudan’s democratic transition after a popular uprising forced the military to remove al-Bashir.

Eight council members that are parties to the ICC — Albania, Brazil, Gabon, Ghana, France, Ireland, Norway and Britain — issued a joint statement after the council meeting supporting Khan's call on Sudan for greater cooperation.

They also encouraged all countries to support the court in ensuring justice for the world's most serious crimes.

Asked what the Security Council could do to help ensure justice for victims in Darfur, none of the eight countries' representatives responded.