The Pre-Trial Chamber II has unanimously confirmed all counts brought against Ali Muhammad Ali Abd al-Rahman (“Ali Kushayb”), who is now headed to another trial before the official Trial Chamber.
Four International Criminal Court judges have found substantial ground to believe that Ali Kushayb was responsible for 31 counts of alleged war crimes and crimes against humanity.
The alleged crimes took place between August 2003 and April 2004 in Kodoom, Bindsi, Mukjar, Deleig and other surrounding areas in Darfur.
Of the 31 confirmed counts, Ali Kushayb has been accused of murder, pillaging, destruction of property, rape, torture, attempted murder and other charges.
The confirmation of charges can only be appealed with the Pre-Trial Chamber II’s authorization.
So far, five of Kushayb’s grounds of appeal have been dismissed, and the Pre-Trial Chamber’s decision which had found no changed circumstances that would warrant his release from detention, still stands.
Ali Kushayb first appeared before the ICC on the 15th of June, a week after having voluntarily surrendered himself to the court in the same month.
His Pre-Trial Chamber II hearings however, took place during the end of last May, from the 24th to the 26th.
Fatou Bensouda, former ICC prosecutor who visited Sudan last month for a tour of Darfur, demanded the Sudanese government expedite the surrender of Ahmed Harun to the ICC.
Dr. Bensouda was hopeful of rejoining Harun and Kushayb’s cases – both jointly charged with many of the same crimes – in an effort to mitigate trauma induced from witnesses having to testify before the court and recount their traumatic experiences twice.
Bensouda also had declared Abdallah Banda Abakaer Norain – one of four outstanding warrants suspect of atrocities in Darfur – a fugitive from the court, and demanded his immediate surrender to the ICC.