The trial of Ali Muhammad Ali Abd-Al-Rahman, also known as Ali Kushayb, before the International Criminal Court is in the news today. Accused of crimes against humanity and war crimes in Darfur, the former Janjawid militia leader is at the center of this trial which began in April 2022. After presenting 56 prosecution witnesses, the prosecution now gives way to defense.
But what role did Ali Kushayb really play in these atrocities? His lawyer says he was simply an ordinary pharmacist in Garsila in Darfur, and not one of the Janjaweed leaders linked to Omar al-Bashir’s regime. Maître Cyril Laucci declares: “According to the prosecutor’s office, he would have been in charge of directing and commanding all operations. This Ali Kushayb is neither a government representative nor an officer of the armed forces. He has never claimed by the prosecutor’s office that he was a member of the Popular Defense Forces, the Popular Police Forces or the Border Guards, and yet this illustrious stranger is described by the prosecutor’s office as the conductor of the orchestra.”
In addition to the defense arguments, it is worth highlighting Sudan’s refusal to fully cooperate with the Court. In fact, Khartoum refused to issue visas to the lawyers and did not provide the requested documents, including the civil status of the accused. Me Cyril Laucci criticizes the judges for not having reported this non-cooperation to the United Nations Security Council, as provided for in the Court’s texts.
This trial therefore raises a number of questions about Ali Kushayb’s true responsibility for the crimes committed in Darfur, as well as about Sudan’s cooperation with the International Criminal Court. The next steps in the trial may allow us to obtain clearer answers.