A “breakthrough” has been made in the investigation into crimes committed during Sudan’s war in the Darfur region, allowing prosecutors to link them to leadership, a senior International Criminal Court (ICC) official has said.
The ICC is investigating attacks on the cities of al-Geneina in 2023 and al-Fashir last year, where United Nations experts say forces from the paramilitary Rapid Support Forces (RSF) committed crimes that bear the “hallmarks of genocide” against people from non-Arab tribes.
“We have got additional evidence, strong evidence, linking what is occurring in Darfur with leadership levels. And we are very, very pleased to say that this is a breakthrough for us,” deputy prosecutor Nazhat Shameem Khan told Reuters following a visit to eastern Chad to meet victims of the attacks.
She did not specify which forces the leadership belong to and said she could not, under ICC rules, disclose whether warrants had been or would be sought.
“We are confident that there are going to be results in at least a reasonable time,” she added, without giving a timeframe.
In international war crimes trials involving political leaders, prosecutors often face challenges linking senior leaders to specific crimes committed by lower-level perpetrators.
Prosecutors require so-called linkage evidence, often in the form of insider witnesses or physical records, showing political leaders were briefed about operations and plans on the ground.
Al-Geneina and al-Fashir experienced some of the most intense violence during the war between the Sudanese army and the RSF, which has continued for more than three years.
The RSF now controls both cities. Khan told the United Nations Security Council in January that the paramilitary group had not cooperated with investigations.
The RSF has said it did not target civilians during the attacks and would hold individual perpetrators accountable.
Witnesses describe executions and sexual violence
A Reuters documentary on the takeover of al-Fashir identified several RSF leaders committing or being in the vicinity of attacks through interviews and analysis of videos posted online.
Khan said the ICC investigations include similar testimonies collected by investigators.
She said witnesses described executions and sexual violence.
“We will ensure [their stories] are also told in the course of our proceedings,” she said.
ICC jurisdiction covers Darfur despite Sudan not being a member
Sudan is not a party to the Rome Statute and is therefore not a member of the ICC. However, the United Nations Security Council gave the court jurisdiction over atrocity crimes committed in Darfur from 2005 onwards.
Sudan’s army-led government has cooperated with investigations into the most recent attacks but has not handed over several former senior leaders accused of genocide and other attacks during the earlier conflict.
No public arrest warrants have yet been issued in relation to the current war, which began in April 2023.
ICC responds to questions on international support and Rome Statute withdrawals
Asked whether countries alleged to be supporting the commission of the crimes, including the United Arab Emirates (UAE), could be pursued, Khan said the court’s jurisdiction applies to individuals contributing to crimes, not states.
She said the investigation is focused on crimes committed inside the two cities to achieve concrete results.
The UAE has denied any link to the fighting.
Last year, Niger, Mali and Burkina Faso announced plans to withdraw from the Rome Statute. On July 1, the ICC said the three countries had submitted letters beginning the withdrawal process, which takes one year.
“I hope they change their minds because I see a great virtue in being part of the Rome Statute family. I think it protects the world,” Khan said.
Khan and other ICC staff are currently subject to United States sanctions following the court’s issuance of arrest warrants for Israeli leaders over alleged war crimes and crimes against humanity in Gaza.
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