ICC Conviction of Ali Kushayb: A Milestone for Justice Amid Renewed Darfur Violence

In a landmark decision marking the first-ever conviction arising from a United Nations Security Council referral, the International Criminal Court (ICC) on October 7, 2025, convicted Ali Muhammad Ali Abd-Al Rahman — widely known as Ali Kushayb — for war crimes and crimes against humanity committed during the brutal Darfur conflict in 2003–2004. The ruling represents a pivotal moment in the pursuit of international justice and accountability.

First ICC Conviction from a UN Security Council Referral

Ali Kushayb, a former senior leader of the Janjaweed militia, was found guilty by the ICC Trial Chamber on multiple counts, including:

• War crimes: rape, murder, cruel treatment, and attacking civilian populations;

• Crimes against humanity: including persecution based on political, ethnic, and gender grounds.

The judgment is the first in the case arising from the conflict in Sudan’s Darfur region, which was referred to the ICC by the UN Security Council in 2005 via Resolution 1593. The ruling holds particular significance given the Court's role as a “court of last resort” when domestic legal avenues fail.

A Step Toward Justice for Darfur Victims

UN High Commissioner for Human Rights Volker Türk welcomed the verdict, stating:

“The convictions of Ali Kushayb represent an important acknowledgment of the enormous suffering endured by the victims of his heinous crimes, as well as a first measure of long overdue redress for them and their loved ones.”

Türk paid special tribute to the survivors who, despite trauma and fear, courageously testified in The Hague. Their testimonies played a vital role in securing this verdict, serving as a beacon of resilience and hope for justice.

He emphasized that such outcomes demonstrate that no perpetrator is beyond the reach of the law, asserting:

“It is my earnest hope that today’s verdicts will serve as a fresh reminder to the perpetrators of today’s crimes that there can be no impunity for mass crimes against civilians.”

Renewed Violence in Darfur Underscores Urgency

The ICC ruling comes amid a disturbing resurgence of violence in Sudan, particularly in the Darfur region, where similar atrocity crimes are once again unfolding. Since April 2023, fighting between the Sudanese Armed Forces and the paramilitary Rapid Support Forces (RSF) — the latter descended from the Janjaweed — has displaced millions and led to mounting allegations of war crimes and crimes against humanity.

Human rights organizations and UN bodies have raised alarm over targeted ethnic violence, mass killings, and sexual violence in West Darfur, mirroring the horrors of the early 2000s that first triggered international intervention.

ICC’s Role as a Bulwark Against Impunity

High Commissioner Türk reaffirmed the importance of the ICC in ensuring justice when national systems are unable or unwilling to act. He described the Court as:

“A bulwark against impunity where there is no prospect for accountability at the national level.”

The ruling underscores the need for international legal institutions to hold perpetrators accountable, particularly in regions where state collapse or military dominance obstructs domestic justice.

Next Steps and Appeals Process

Ali Kushayb’s defense team has the right to appeal the verdict. The ICC has indicated that sentencing proceedings will follow, which could result in a substantial prison term.

While the conviction brings a measure of justice, many key figures allegedly responsible for atrocities in Darfur remain at large — including former Sudanese President Omar al-Bashir, who is also wanted by the ICC. The Court's ability to prosecute additional individuals depends heavily on international cooperation and political will, particularly from Sudan’s transitional authorities and regional powers.

The conviction of Ali Kushayb is a watershed moment for the people of Darfur, many of whom have waited over two decades for justice. It offers a glimmer of accountability amid an ongoing conflict that threatens to unleash a second wave of atrocities. As the violence in Sudan escalates once more, this judgment serves as both a warning to perpetrators and a call to the international community to redouble its efforts in ending impunity.