Abd-Al-Rahman case: ICC Pre-Trial Chamber II confirms the charges of war crimes and #crimes against humanity and commits suspect to trial

Mr Abd–Al-Rahman during the opening of the confirmation of charges hearing at the seat of the Court in The Hague (The Netherlands) on 24 May 2021 ©ICC-CPI

On 9 July 2021, Pre-Trial Chamber II of the International Criminal Court (“ICC” or “Court”) unanimously, issued a decision confirming all the charges brought by the Prosecutor against Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”) and committed him to trial before a Trial Chamber.

Pre-Trial Chamber II, composed of Judge Rosario Salvatore Aitala (Presiding judge), Judge Antoine Kesia-Mbe Mindua and Judge Tomoko Akane, found that there are substantial grounds to believe that Mr Abd-Al-Rahman is responsible for 31 counts of war crimes and crimes against humanity allegedly committed between August 2003 and at least April 2004 in Kodoom, Bindisi, Mukjar, Deleig and their surrounding areas in Darfur, Sudan.

The charges include intentionally directing attacks against the civilian population as such, as a war crime; murder as a crime against humanity and as a war crime; pillaging as a war crime; destruction of the property of an adversary as a war crime; other inhumane acts as a crime against humanity; outrages upon personal dignity as a war crime; rape as a crime against humanity and a war crime; forcible transfer as a crime against humanity; persecution as a crime against humanity; torture as a crime against humanity and a war crime; cruel treatment as a war crime; attempted murder as a crime against humanity and a war crime.

The decision confirming the charges can be appealed only with the authorisation of Pre-Trial Chamber II.

Decision on the confirmation of charges against Ali Muhammad Ali Abd-Al-Rahman (‘Ali Kushayb’)

Background: Mr Abd-Al-Rahman was transferred to the ICC’s custody on 9 June 2020, after surrendering himself voluntarily in the Central African Republic. His initial appearance before the ICC took place on 15 June 2020. The confirmation of charges hearing was held before Pre-Trial Chamber II from 24 to 26 May 2021.