Alleged Darfur militia leader appears before court
ICC: He participated in attacks against civilians
THE HAGUE, Netherlands – An alleged Sudanese militia leader charged with more than 50 crimes against humanity and war crimes in the Darfur conflict appeared Monday before a judge at the International Criminal Court for the first time since his transfer to the court last week, and said the charges against him were “untrue.”
Ali Mohammed Ali Abdul Rahman Ali, known as Ali Kushayb, appeared via a video link from the court’s detention center near The Hague’s North Sea coastline, because of the coronavirus.
When the judge, Rosario Salvatore Aitala, asked Kushayb if he had been informed of the charges against him, he replied, speaking through an interpreter: “Yes, I was informed of that, but this is untrue.” He wasn’t required to enter pleas to the charges at the hearing.
Kushayb was flown to the court last week, more than 13 years after judges issued an international arrest warrant for him. He earlier surrendered to authorities in a remote corner of northern Central African Republic, near the country’s border with Sudan.
In the Darfur conflict, rebels from the territory’s ethnic central and sub-Saharan African community launched an insurgency in 2003, complaining of oppression by the Arab-dominated government in Khartoum.
The government responded with a scorched-earth assault of aerial bombings, and unleashed militias known as the Janjaweed, which are accused of mass killings and rapes. Up to 300,000 people were killed, and 2.7 million were driven from their homes. Prosecutors say Kushayb was a senior Janjaweed leader.
During the hearing, Kushayb’s lawyer, Cyril Laucci, told Aitala that Kushayb wanted the court to observe a minute of silence “in memory of all the victims of Darfur and more extensively in Sudan.”
Aitala declined the request, saying “we all do this individually. At the ICC we do this very often.”
According to the ICC’s arrest warrant, Kushayb is accused of commanding thousands of Janjaweed militia in 2003-04 and acting as a go-between for the militias and the Sudanese government. The ICC says he “personally participated in some of the attacks against civilians” and allegedly “enlisted fighters, armed, funded and provided food and other supplies to the Janjaweed militia under his command.”
Among offenses listed on his arrest warrant are murder, rape, persecution and pillage. He initially was charged with 50 offenses, but judges subsequently added two new murder charges linked to the alleged slaying of about 100 civilians in early March 2004 and a charge of inhumane acts committed around the same time. He faces a maximum sentence of life imprisonment if convicted.
A court official read out all the charges during the hearing, which lasted just over an hour, and Aitala read Kushayb his rights.
Aitala said that the next major step in the case, a hearing at which prosecutors attempt to convince judges that they have enough evidence to merit sending the case to a trial, will be held on Dec. 7.
In Sudan, Gibreel Hassabu, a lawyer at the Khartoum-based Darfur Bar Association, said Kushayb’s arrest was a sign that justice will be delivered to the Darfur people. He added that the case could pressure the transitional government to quickly hand over to The Hague ousted President Omar al-Bashir and two other suspects wanted by the ICC who have been imprisoned in Khartoum.
“Kushayb’s trial is a starting point to bring justice to the victims. His arrest restored hope that the government could go forward and hand over other wanted, including al-Bashir, to The Hague,” he said.