In The Hague, Netherlands, the International Criminal Court (ICC) judges reluctantly dropped a case against Sudanese rebel Abdallah Banda. He was accused of attacking African Union peacekeepers in Darfur nearly 20 years ago. Prosecutors admitted they could no longer prove their case at trial.
In a written decision made public last week, the judges criticized the prosecutors for requesting charges to be withdrawn. Banda faced three war crimes charges related to his alleged involvement in a deadly 2007 attack on a peacekeeping camp in northern Darfur.
The ICC stated that the judges found the prosecution had not shown the evidence supporting the charges had deteriorated to a point where the case could not proceed to trial. However, they concluded that proceeding with the trial with reluctant prosecutors would undermine the court’s duty to ensure a fair and efficient trial.
Prosecutors acknowledged that their decision would affect 103 victims of the case who have waited over 15 years for justice. They highlighted setbacks such as two key witnesses no longer being credible, and a new witness with testimony that might exonerate Banda.
Prosecutors wrote in their request to drop the charges, stating they no longer saw a reasonable prospect of convicting Banda on any charges. An independent analyst agreed with their assessment.
This decision occurred as the ICC faced challenges from the Trump administration and as Chief Prosecutor Karim Khan faced a vote regarding allegations of misconduct, which he denies.
Darfur became known for genocide and war crimes by militias like the Janjaweed against certain African populations. Up to 300,000 people died, and 2.7 million were displaced. Last year, the ICC sentenced a Janjaweed leader to 20 years for war crimes and crimes against humanity from the conflict over two decades ago.
Despite being ousted and detained, former Sudanese President Omar al-Bashir has not been handed over to face charges, including genocide, in The Hague.
The ICC prosecutors believe war crimes and crimes against humanity continue in Darfur, where civil war persists. Last year, Deputy Prosecutor Nazhat Shameem Khan reported to the UN Security Council that the humanitarian crisis in Darfur had become intolerable, with worsening famine and ongoing attacks on hospitals and humanitarian convoys.