ICC Office of the Prosecutor requests to withdraw charges against Abdallah Banda in Darfur Situation

The Office of the Prosecutor of the International Criminal Court has requested Trial Chamber IV's authorisation to withdraw the charges of war crimes against former Sudanese rebel commander Mr Abdallah Banda Abakaer Nourain in relation to previous crimes in the Situation in Darfur.

In court filings and submissions made public this week, the Prosecution informed the judges that due to the significant deterioration of evidence over time, and the exhaustion of available investigative avenues, there are no longer substantial grounds to believe that Mr Banda is responsible for the charged crimes.

The Prosecution originally requested to withdraw the charges against Mr Banda on 5 October 2023. The request and related documents were filed confidentially in compliance with orders of the Chamber. For that reason, the Office's request could not previously be made public.

The Office took this decision based on its objective assessment of the evidence, and guided by the interests of fairness and justice, and its duty to investigate incriminating and exonerating circumstances equally.

Former commander of the Justice and Equality Movement, Mr Banda was charged with three counts of war crimes for his role in the 29 September 2007 attack against African Union peacekeepers stationed at the Haskanita Military Group Site in Darfur that killed 12 soldiers and severely wounded eight others. The Pre-Trial Chamber confirmed the charges on 7 March 2011, and subsequently the Trial Chamber issued a warrant of arrest for Mr Banda on 11 September 2014 after he absconded from justice.

However, in the more than a decade that has since elapsed, developments led the Office to conclude that the evidence no longer establishes substantial grounds to believe that Mr Banda is criminally responsible for the charged crimes.

Witnesses becoming unavailable or uncooperative, serious credibility issues regarding some other key witnesses, and recently obtained exculpatory evidence have undermined the case against Mr Banda. Given the advanced stage of the investigations and the lapse of time, it is highly unlikely that further inquiries will yield evidence that would change the Prosecution's assessment.

If approved by the judges, the withdrawal of the charges will result in the termination of the case against Mr Banda.

"We do not take this decision lightly. We acknowledge the impact it will have on the victims who have been waiting for years for justice. We are grateful for their cooperation with our investigation, and for their courage to come forward. We hope many will understand that while the Prosecution has a duty to ensure that justice is achieved, we also have an obligation to proceed to trial only on the basis of sufficient evidence," said Deputy Prosecutor Nazhat Shameem Khan.

"The withdrawal of charges concerns only Mr Banda. Our Office will continue efforts in cases pending before the Court over past atrocities as well as our ongoing investigation into current crimes in Darfur. The Situation in Darfur remains a key priority for our Office," added Deputy Prosecutor Shameem Khan.

Deputy Prosecutor Shameem Khan oversees the Banda case. Prosecutor Karim A.A. Khan KC, former Defence Counsel for Mr Banda, recused himself from the case upon assuming office on 16 June 2021.

The Prosecution's withdrawal request is without prejudice to it bringing new charges based on the same or similar factual circumstances should it obtain sufficient evidence.

The Office of the Prosecutor of the ICC conducts independent and impartial preliminary examinations, investigations and prosecutions of the crime of genocide, crimes against humanity, war crimes and the crime of aggression. For further details on "preliminary examinations" and "situations and cases" before the Court, click here, and here.

More information:

Banda case

Situation in Darfur

Office of the Prosecutor