ICC seeks to drop war crimes case against Sudan rebel commander

Metro Manila, Philippines – Prosecutors at the International Criminal Court have asked judges to authorize the withdrawal of war crimes charges against former Sudanese rebel commander Abdallah Banda Abakaer Nourain, saying the evidence is no longer sufficient to support the case.

The Office of the Prosecutor said it concluded that there are no longer substantial grounds to believe Banda is criminally responsible for the crimes charged after more than a decade of investigations.

According to the prosecution, key witnesses have become unavailable or uncooperative, credibility issues emerged involving other witnesses, and recently obtained exculpatory evidence weakened the case.

The prosecution also said it has exhausted available investigative avenues and considers it highly unlikely that further inquiries would produce evidence to change its assessment.

Banda, a former commander of the Justice and Equality Movement, was charged with three counts of war crimes over the Sept. 29, 2007 attack on African Union peacekeepers at the Haskanita Military Group Site in Darfur.

The attack killed 12 peacekeepers and seriously wounded eight others.

The ICC’s Pre-Trial Chamber confirmed the charges in March 2011.

A trial chamber later issued an arrest warrant for Banda in September 2014 after he absconded.

The prosecution said its request to withdraw the charges was first filed confidentially in October 2023 but could only be made public this week after the court released the filings.

Deputy Prosecutor Nazhat Shameem Khan said the decision was based on the prosecution’s obligation to proceed to trial only when sufficient evidence exists.

“We do not take this decision lightly,” Khan said.

She acknowledged the impact on victims who have waited years for justice but said the prosecution also has a duty to investigate both incriminating and exonerating evidence.

The prosecution stressed that the request applies only to Banda.

It said investigations into other alleged atrocities in Darfur remain a priority.

If the judges approve the request, the case against Banda will be terminated.

The prosecution said the withdrawal would be without prejudice, meaning it could file new charges in the future if sufficient new evidence becomes available.