Prosecutors Seek Life Term as ICC Begins Sentencing of Darfur Militia Leader Ali Kushayb

Prosecutors Seek Life Term as ICC Begins Sentencing of Darfur Militia Leader Ali Kushayb

The International Criminal Court (ICC) has opened sentencing hearings for Ali Muhammad Ali Abd-Al-Rahman, widely known as Ali Kushayb, after his conviction last month on multiple counts of crimes against humanity and war crimes committed in Darfur more than two decades ago.

Prosecutors Push for Maximum Punishment

Lead prosecutor Julian Nicholls asked judges in The Hague to impose the maximum possible sentence, describing Abd-Al-Rahman as an "enthusiastic, energetic and effective perpetrator of abuses carried out in the western Darfur region." Prosecutors highlighted particularly gruesome evidence, saying Abd-Al-Rahman personally killed two people with an axe. "You literally have an axe murderer before you," Nicholls told the court, arguing that only a life sentence would satisfy both retribution and deterrence.

Defence Mitigation and Denial

Abd-Al-Rahman’s defence team is asking for a seven-year term and will present mitigation arguments during the hearings. Throughout the trial, which began in April 2022, Abd-Al-Rahman has repeatedly denied being a senior Janjaweed commander, asserting he is "not Ali Kushayb" and that the court has misidentified him — a claim the judges rejected.

Conviction and Historical Context

Last month the court convicted Abd-Al-Rahman on 27 counts, including mass murder and rape, for allegedly directing government-backed Janjaweed forces in a campaign of killing and destruction across Darfur between 2003 and 2004. The conviction is the ICC’s first guilty verdict for crimes committed in Darfur.

Prosecutors say Abd-Al-Rahman fled to the Central African Republic in February 2020 when a new Sudanese government said it would cooperate with ICC investigators. He later surrendered, saying he feared for his life.

Wider Significance and Ongoing Crisis

The Darfur conflict began when non-Arab communities took up arms against an Arab-dominated Khartoum, alleging long-term discrimination. In response, government-linked forces including the Janjaweed were accused of brutal campaigns targeting civilian populations. The United Nations estimates some 300,000 people were killed and roughly 2.5 million displaced during the Darfur fighting in the 2000s.

More recently, Sudan has been engulfed by a new conflict between the Sudanese army and the paramilitary Rapid Support Forces (RSF), a force that traces its origins to the Janjaweed. International bodies describe the current situation as a humanitarian catastrophe: the World Health Organization has reported at least 40,000 deaths and 12 million displaced, while the African Union has called it the "worst humanitarian crisis in the world." ICC prosecutors said they may seek additional arrest warrants connected to the ongoing violence.

What Happens Next

Sentencing hearings continue as the defence presents mitigation. Judges will consider the gravity of the crimes, the individual responsibility of Abd-Al-Rahman, and mitigating evidence before announcing a sentence. The outcome will be closely watched as a test of accountability for atrocities in Darfur and as part of broader efforts to address impunity in Sudan.