Justice in a key case is within reach for victims of crimes in Darfur, said the Prosecutor of the International Criminal Court in a 10 December video‑teleconference meeting, as she outlined improving relations with the Government of Sudan in efforts to hold perpetrators of atrocity crimes to account.

“Fifteen years after the referral of the situation in Darfur to the International Criminal Court, the victims of crimes finally have a chance to see justice in relation to one of the cases,” said Fatou Bensouda, as she updated the Council on the case against Ali Muhammad Ali Abd-al-Rahman, also known as Ali Kushayb.

Mr. Abd-al-Rahman was transferred to the Court on 9 June where he faces multiple counts of crimes against humanity. The confirmation of his charges, originally scheduled for 7 December, was postponed to 22 February 2021. However, due to challenges arising from the COVID-19 pandemic, a request was made to push the confirmation hearing to 31 May 2021.

The planning, preparation and conduct of missions in Europe and Africa to expedite Mr. Abd-al-Rahman’s confirmation hearing have been heavily impacted ‑ and at times, unavoidably delayed — as a result of the pandemic.

Ms. Bensouda noted that her Office continues to monitor repeated allegations of attacks on civilians, resulting in significant casualties, in Darfur, occurring mainly in June and July. Alarmingly, there are continuing reports of sexual‑ and gender-based violence and crimes against children.

Welcoming the Juba Peace Agreement, signed on 3 October between the Sovereignty Council and the Sudan Revolutionary Front and other movements, Ms. Bensouda lauded the accord’s focus on cooperation with the International Criminal Court, including on the appearance of those wanted by it.

In October, Ms. Bensouda’s Office was able to lead its first mission to Sudan in 13 years. The mission presented an opportunity to hear directly from the Sudanese authorities about their plans for cooperation with the Court and their commitment to accountability and justice for the people of Darfur. During the mission, Ms. Bensouda stressed the need for her investigation to be given access to Sudan. “I emphasized that time is of the essence as my team strives to meet the various deadlines set by the Court’s judges in Mr. Abd-al-Rahman’s case,” she declared, adding that the mission represents a turning point in her Office’s formal relationship with the Government of Sudan and that the parties are working on a memorandum of understanding on modalities of cooperation.

She stressed that outstanding arrest warrants against former Sudan President Omar al-Bashir, as well as those against, Ahmad Harun, Abdel Raheem Hussein and Abdallah Banda Abakaer Nourain remain in full force. However, she warned the Council that her Office is yet to receive any official confirmation by Sudanese authorities on what actions are being taken in relation to the suspects, who, except for Mr. Banda, are reportedly in custody.

“We must ensure, with full respect for the principle of complementarity, that all the Court’s suspects are brought to justice through fair, objective and independent proceedings, either before the International Criminal Court or in Sudanese courts,” she concluded, assuring the Council that politics that aim to undermine the progressive movement towards greater accountability for atrocity crimes have a limited shelf life.

In the ensuing discussion, speakers welcomed the signing of the Juba Peace Agreement and the legislative mechanisms created through it. Delegations expressed hope that such efforts can form the foundation for reconciliation and lasting peace. Speakers also welcomed increased engagement between the Court and Sudan and urged the expedited signing of a memorandum of understanding on modalities of cooperation. However, some Member States warned of bias by the Court and urged respect for the sovereignty of Sudan and the opinion of Sudanese authorities.

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