The trial of Ali Muhammad Ali Abd-Al-Rahman, also known as Ali Kushayb, is a major event attracting international public attention. Accused of crimes against humanity and war crimes committed in Darfur between 2003 and 2004, Kushayb has been appearing before the International Criminal Court since April 2022. While the first phase of the trial was marked by the testimonies of 56 people, the defense now comes on the scene.
Kushayb’s lawyer strongly disputes the accusations against his client. According to him, Kushayb was just a simple pharmacist in the town of Garsila, and not a Janjaweed militia leader, as the prosecution claims. In his pleading, Master Cyril Laucci affirms that Kushayb was an ordinary man and denies any involvement in command and direction operations, as described by the prosecutor’s office:
“The prosecutor’s office claims he was responsible for all operations. But Ali Kushayb was neither a government official nor an officer of the armed forces. He never claimed membership in the popular defense forces, the popular police or the border guards. Despite this, he is described by the prosecution as the leader of these reprehensible acts.”
The defense lawyer also pointed to Sudan’s lack of cooperation in the case. Khartoum refused to issue visas to Kushayb’s lawyers and failed to provide required documents, including the accused’s marital status. Maître Laucci strongly criticized the judges for not having reported this non-cooperation to the UN Security Council, as required by the Court’s rules.
This trial raises many questions about international justice and the responsibility of individuals for war crimes and crimes against humanity. The final decision of the International Criminal Court in this case will have significant repercussions both on the situation in Darfur and on the image of the Court itself.
In conclusion, Ali Kushayb’s trial at the International Criminal Court is attracting keen interest due to the serious charges against him. The defense maintains that he was only a simple pharmacist and denies any involvement in the crimes with which he is accused. This trial highlights the dysfunctions of the international justice system and raises questions about the cooperation of States with the International Criminal Court. The Court’s final decision will be eagerly awaited, as it will have major consequences for the victims, the perpetrators and international justice as a whole.