GIWPS Analysis: ICC Ruling on War Crimes Committed in Sudan
The ICC’s October 2025 judgment in the case THE PROSECUTOR v. ALI MUHAMMED ALI ABD-AL-RAHMAN (“Ali Kushayb”) marks the first full conviction related to the atrocities committed in Darfur. The Court found Kushayb guilty of war crimes and crimes against humanity, including murder, torture, rape, persecution, and forcible transfer, committed between 2003–2004. Importantly, the judgment explicitly recognized persecution on political, ethnic, and gender grounds. This marks the Court’s first-ever conviction on the basis of gender-based persecution as a crime against humanity.
The court ruling acknowledges that the violence targeted individuals not only as members of an ethnic group but also because of their gender. The ruling also affirms survivors’ testimonies of systematic rape and sexual violence as part of a state-directed campaign against non-Arab communities in Darfur, granting long-overdue visibility and legal weight to their suffering.
Significance for the Sudanese Conflict Today
For Sudan today, this precedent is significant amid escalating gender-based violence (GBV) in the current conflict between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF). The judgment demonstrates that the ICC can hold perpetrators accountable for using sexual violence as a weapon of war and for orchestrating ethnically and gender-motivated persecution. It signals to both domestic and international actors that impunity for such crimes cannot be tolerated.
From a gender perspective, the ruling reinforces the need to center women’s protection and participation in any future peace process for Sudan, as well as justice for all survivors of gender-based violence. The reporting of atrocities and witnesses’ testimonies is crucial for accountability. Women are not only victims but also key agents in preventing, documenting, and addressing wartime sexual violence. This conviction was also the first resulting from a UN Security Council referral, indicating the importance of continued support to internationally mandated investigations that feed into the global legal architecture.
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