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The Prosecutor vs. Alu Muhammad Ali Abd-Al-Rahman (”Ali Kushayb”)


Summary of the case

The International Commission of Inquiry on Darfur was established by the late Kofi Annan, then UN Secretary-General pursuant to Security Council Resolution1564. In January 2005, the Commission concluded that there was reason to believe that crimes against Humanity and war crimes had been committed in Darfur and recommended the referral of the situation to the ICC. Said referral was made on March 31st, 2005 in resolution 1593.

After review of the conclusions of the International Commission of Inquiry on Darfur and its own investigation, the Prosecutor of the ICC concluded that the statutory requirement for intiating an investigation was met and an official investigation was open of June 6th, 2005.

The ICC concluded that it was competent to prosecute two individuals with regards to the situation in Darfur and opened a joint case against Mr. Ahmad Muhammad Harun and Mr Abd-Al-Rahman.

In the case of the latter, two arrest warrants were issued against Mr Abd-Al-Rahman respectively on April 27th, 2007 and June 11th,2020.

A total count of 53 charges have been brought against Mr. Abd-Al-Rahman in connection with crimes allegedly committed between August 2003 and March 2004 against civilians on the towns of Kodoom, Bindisi, Mukjar ans Arawala.

Prosecution has listed :

Warrant of Arrest of 27-04-2007.pdf

The second warrant of arrest was issued on June 11th, 2020 adding three new charges

Warrant of Arrest of 11-06-2020.pdf

Mr. Ali Muhammad Ali Abd-Al-Rahman voluntarily surrendered himself to the custody of the ICC on June 9th, 2020 in Central African Republic. On June 12th, 2020, the accused appeared before the Pre-Trial- Chamber II, where Single Judge Rosario Salvatore Aitala severed the joint case and open a new case against the sole Mr Ali Kushayb, after noting that this decision was the best way to ensure that the fundamental rights of defendants would be respected as there was at that time and still is no evidence supporting the idea that the Mr Harun would surrender himself of be arrested.

Decision of 12-06-2020.pdf

The opening of the confirmation of charges hearing is provisionnally scheduled for May 24th, 2021.