Today, Tuesday, former Sudanese militia leader Ali Kushayb’s pre-International Criminal Court (ICC) Trial Chamber II confirmation hearing continues. Awaiting the former Janjaweed leader are three possible scenarios.
The hearing, which began on Monday, is scheduled to continue until next Thursday, at the seat of the court in The Hague.
The judges will hear the prosecutor’s oral submission, the legal representatives of the victims, and the defense.
The purpose of the confirmation hearing is to determine whether there is sufficient evidence to establish substantial grounds to believe that the person has committed each of the crimes charged.
“If the charges are confirmed, in full or in part, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings.” the ICC press release read.
In accordance with Regulation 53 of the Court Regulation, the Pre-Trial Chamber should issue its written decision within 60 days of the confirmation hearing.
The Pre-Trial Chamber has the right to confirm those charges for which it has found sufficient evidence, and transfer the suspect to trial before the Trial Chamber.
If the Pre-Trial Chamber declines to confirm the charges for which there is insufficient evidence, proceedings against Kushayb will be suspended.
It is also has the right to adjourn the hearing and request the prosecutor to provide additional evidence, conduct further investigations, or amend any charges for which the evidence submitted appears to establish a crime other than the one charged was committed.
The Prosecutor and the Defense are not entitled to appeal the decision unless authorized by the Pre-Trial Chamber.
According to the Prosecution, the former Janjaweed leader was one of the militia’s senior leaders of the Wadi Salih and Mukjar localities in West Darfur between 2003 and 2004.
Initially, Kushayb faced 50 counts of crimes but ICC Prosecutor, Fatou Bensouda, recently reduced the number to 31.
The charges include war crimes and crimes against humanity, such as murder, attempted murder, and rape and other inhumane acts, forcible population transfers, persecution and torture.
Ali Kushayb surrendered himself voluntarily to the ICC in the Central African Republic, on June 9, 2020, and his initial appearance before the ICC took place on June 15, 2020.