ICC Withdraws Case Against Sudanese Rebel, Faces Criticism and Challenges

Judges at the International Criminal Court (ICC) have reluctantly dropped charges against a Sudanese rebel accused of attacking African Union peacekeepers in Darfur nearly 20 years ago. The decision follows the prosecutors’ claim that they could no longer substantiate their case in court.

The judges were notably critical of the ICC’s prosecutors in a written decision made public last week, where they authorized the request to dismiss the charges against Abdallah Banda. Banda faced three war crime charges related to his alleged role in a 2007 deadly attack on a peacekeeping base in northern Darfur.

In a written statement, the ICC announced on Thursday that the judges determined the prosecution had not demonstrated that the evidence supporting the confirmed charges had deteriorated to the extent that the case could not proceed to trial. However, they concluded that “continuing with the trial in this case, with a prosecutor refusing to present the case despite probative and legal obligations, would contravene the court’s ultimate duty to ensure a fair and efficient trial.”

Prosecutors acknowledged that their request would impact 103 victims who have awaited justice for over 15 years due to the crimes committed during the attack on U.N. peacekeepers. They stated that setbacks included two key witnesses no longer deemed credible and a new witness providing testimony potentially exonerating Banda.

The prosecution now considers there are no reasonable prospects of convicting Mr. Banda on any charges against him.

An independent analyst reviewing the evidence agreed with this assessment.

The decision arrives amidst efforts by the Trump administration to undermine the ICC and as the court’s chief prosecutor, Karim Khan, faces a vote among the 125 ICC member states regarding allegations of improper conduct with an assistant, which he denies.

Two decades ago, Sudan’s Darfur region became associated with genocide and war crimes, specifically by the infamous Janjaweed militias against communities identifying as Central African or East African. The conflict resulted in up to 300,000 deaths and displaced 2.7 million individuals.

Last year, the ICC sentenced a Janjaweed leader to 20 years in prison for war crimes and crimes against humanity committed during the Darfur conflict. Former Sudanese President Omar al-Bashir faces ICC charges, including genocide, but has yet to be surrendered to the court despite being ousted and detained.

ICC prosecutors believe war crimes and crimes against humanity persist in Darfur, where civil war has continued for over two years. Deputy Prosecutor Nazhat Shameem Khan reported to the U.N. Security Council that the humanitarian crisis in Darfur “has reached an intolerable stage,” with worsening famine and ongoing attacks on hospitals, humanitarian convoys, and other civilian infrastructure.