Darfur's Reckoning

The Scarred Lands of Darfur: A Prelude to Conflict

The Darfur region, an area in western Sudan roughly the size of Spain, has a complex history shaped by its geography, diverse ethnic composition, and political marginalisation ^{9, 18}. Historically an independent sultanate, Darfur was incorporated into Sudan in 1916 ¹⁸. The region is home to a multitude of ethnic groups, broadly categorised as Arab and non-Arab African communities, who have for centuries coexisted, their relationships often defined by competition over scarce resources such as water and grazing land ^{4, 14, 18}. These tensions, however, were historically managed through traditional conflict resolution mechanisms.

The seeds of the devastating conflict that erupted in the early 21st century were sown over decades of political and economic neglect by the central government in Khartoum ²³. The Arab-dominated governments in Sudan have long been accused of favouring Arab populations and marginalising the non-Arab ethnic groups of Darfur, such as the Fur, Masalit, and Zaghawa ^{4, 9, 23}. This systematic discrimination manifested in a lack of infrastructure, limited access to education and healthcare, and political disenfranchisement ²³.

The situation was exacerbated by environmental factors, particularly the prolonged droughts of the 1980s, which intensified competition for land and resources between the nomadic Arab pastoralists and the settled non-Arab agricultural communities ¹⁸. The Khartoum government, under the leadership of Omar al-Bashir who seized power in a 1989 military coup, exploited these existing tensions for its own political ends, increasingly arming and supporting Arab militias ¹⁴. This strategy was part of a broader policy of "Arabisation" and the suppression of any perceived dissent from non-Arab groups.

By the early 2000s, the simmering resentment and frustration among Darfur's non-Arab populations boiled over. In February 2003, two rebel groups, the Sudan Liberation Movement/Army (SLM/A) and the Justice and Equality Movement (JEM), launched an insurgency against the Sudanese government, accusing it of oppressing Darfur's non-Arab population ^{4, 18, 23}. The rebels' initial attacks on government installations were surprisingly successful, prompting a ferocious and disproportionate response from Khartoum ⁴.

The Rise of the Janjaweed and the "Colonel of Colonels"

Instead of relying solely on its regular army, the Sudanese government unleashed a brutal counter-insurgency campaign, its primary instrument being the Janjaweed militia ^{2, 22, 23}. The term "Janjaweed," often translated as "devils on horseback," refers to Arab militias drawn from nomadic tribes in Darfur and neighbouring Chad ^{14, 22}. Armed and supported by the Sudanese government, the Janjaweed became synonymous with terror and extreme violence ^{9, 11, 14}. Their tactics were characterised by a scorched-earth policy, involving aerial bombardments by the Sudanese air force followed by ground assaults by the Janjaweed on horseback and camels ^{3, 22}. They systematically targeted civilians from the same ethnic groups as the rebel movements—the Fur, Masalit, and Zaghawa—in a campaign of what has been widely described as ethnic cleansing and genocide ^{4, 9, 23, 24}.

It was in this context of state-sponsored terror that Ali Muhammad Ali Abd-al-Rahman, known as Ali Kushayb, rose to prominence ⁵. Born in 1957, Abd-al-Rahman was a senior leader within the tribal hierarchy of the Wadi Salih locality in West Darfur and a commander in the Popular Defence Forces, a government-aligned paramilitary group ^{5, 7, 17}. He was a key figure in mobilising, arming, and commanding thousands of Janjaweed fighters ^{7, 12, 17, 29}. His authority and influence earned him the moniker "aqid al oqada," or "colonel of colonels" ^{5, 30}.

Abd-al-Rahman served as a crucial link between the Sudanese government and the Janjaweed, effectively implementing Khartoum's counter-insurgency strategy on the ground ^{5, 12, 17}. He was not a distant commander; eyewitness accounts place him at the scene of numerous atrocities, personally participating in and directing attacks on villages ^{5, 12, 17}. His leadership was instrumental in the campaign of murder, rape, torture, and forced displacement that ravaged Darfur between 2003 and 2004 ^{8, 11}.

The Path to The Hague: A Long and Arduous Journey

The sheer scale and brutality of the violence in Darfur attracted international condemnation. The United Nations estimated that by the mid-2000s, as many as 300,000 people had been killed and 2.5 million displaced ². In March 2005, the United Nations Security Council, through Resolution 1593, referred the situation in Darfur to the International Criminal Court, marking the first time the Council had made such a referral ^{16, 21, 28}. This gave the ICC prosecutor the mandate to investigate alleged genocide, war crimes, and crimes against humanity committed in the region since 1 July 2002 ^{21, 26}.

The ICC's investigation led to the issuance of an arrest warrant for Ali Kushayb on 27 April 2007, alongside Ahmad Harun, a former Sudanese interior minister ^{5, 17}. The charges against Abd-al-Rahman were extensive, encompassing numerous counts of war crimes and crimes against humanity ⁵. Despite the warrant, Abd-al-Rahman remained at large for over a decade, a symbol of the challenges of enforcing international justice, particularly when faced with a non-cooperative state. The Sudanese government under Omar al-Bashir, who was himself indicted by the ICC in 2009 for genocide, refused to surrender any suspects to the court ^{3, 16, 25}.

The political landscape in Sudan shifted dramatically in April 2019 with the overthrow of al-Bashir following months of popular protests ⁹. The subsequent transitional government signalled a greater willingness to cooperate with the ICC ². This changing environment likely contributed to Abd-al-Rahman's decision to surrender. In June 2020, he voluntarily turned himself in to authorities in the Central African Republic and was subsequently transferred to the ICC's custody in The Hague ^{6, 8, 26}. His initial appearance before the court took place on 15 June 2020 ⁸.

The Trial and the Verdict: A Landmark for International Justice

The trial of Ali Muhammad Ali Abd-al-Rahman commenced on 5 April 2022 ^{8, 26}. He pleaded not guilty to all 31 charges of war crimes and crimes against humanity ^{3, 15}. His defence team argued a case of mistaken identity, claiming that he was not the infamous Ali Kushayb ^{2, 11}. They also contended that he was "a no one" and not a senior militia leader ^{3, 6}.

The prosecution presented a wealth of evidence, including the testimony of 56 witnesses who gave harrowing accounts of the atrocities they had endured and witnessed ^{3, 6, 8, 13}. Survivors described systematic attacks on their villages, where Janjaweed fighters, under Abd-al-Rahman's command, would burn homes, loot property, and murder men and boys ^{11, 19}. Women and girls were subjected to mass rape and sexual slavery, a tactic deliberately used to terrorise and humiliate the targeted communities ^{3, 6, 11, 13}.

Witnesses recounted Abd-al-Rahman's direct involvement in the violence. One particularly chilling account detailed how he ordered his men to load approximately 50 civilians onto trucks, some of whom were beaten with axes, before forcing them to lie on the ground and executing them ². He was described not only as giving orders but also as personally participating in beatings ². In another incident, he was accused of personally bludgeoning two prisoners to death with an axe ⁶. The court heard testimony that during one massacre, Abd-al-Rahman allegedly urged his fighters to "repeat, repeat for these people. Maybe there are some that you have missed" ^{3, 13}.

On 6 October 2025, the three-judge panel of the ICC delivered its unanimous verdict ^{3, 6}. Ali Muhammad Ali Abd-al-Rahman was found guilty on 27 counts of war crimes and crimes against humanity, including murder, rape, torture, persecution, and intentionally directing attacks against a civilian population ^{2, 3, 10, 38}. The presiding judge, Joanna Korner, stated that the court was "satisfied that the accused was the person known … as Ali Kushayb," dismissing the defence's claims of mistaken identity ^{2, 34}. The judges ruled that the atrocities were part of a government plan to quell the rebellion in Darfur ^{2, 3}. Abd-al-Rahman, who showed no emotion as the verdicts were read, now faces a maximum sentence of life imprisonment, which will be determined at a later date ^{2, 3, 6}.

The Enduring Scars and the Unfinished Quest for Justice

The conviction of Ali Kushayb is a momentous achievement for the International Criminal Court and a significant step towards accountability for the crimes committed in Darfur ^{8, 10}. For the victims and survivors, it is a long-awaited acknowledgement of their suffering and a testament to their resilience and courage in pursuing justice ⁶. However, this verdict is not the final chapter in Darfur's story.

The conflict in Darfur has not truly ended. Violence continues to plague the region, and the legacy of the Janjaweed endures ^{11, 19}. Many former Janjaweed fighters have been integrated into the Rapid Support Forces (RSF), a powerful paramilitary group that is currently engaged in a brutal civil war with the Sudanese Armed Forces that erupted in April 2023 ^{9, 11, 22}. The RSF has been accused of committing further atrocities in Darfur, including ethnic cleansing against non-Arab communities, echoing the tactics of the Janjaweed two decades earlier ^{9, 11}.

Furthermore, other high-profile individuals indicted by the ICC for their roles in the Darfur conflict remain at large. Chief among them is former President Omar al-Bashir, who faces charges of genocide ^{3, 10}. While he is imprisoned in Sudan following his ouster, the current authorities have yet to hand him over to The Hague ²⁸. The conviction of Abd-al-Rahman will undoubtedly increase the pressure on the international community and the Sudanese government to ensure that all those responsible for the atrocities in Darfur are brought to justice ²⁰.

The verdict against Ali Kushayb serves as a powerful reminder that even those who believe they are beyond the reach of the law can ultimately be held accountable for their actions. It is a beacon of hope for victims of mass atrocities worldwide and a crucial affirmation of the principles of international criminal justice. Yet, the ongoing violence in Darfur underscores the immense challenges that remain in achieving lasting peace and security in the region. The quest for justice for Darfur is far from over.