ICC Seeks to Drop Darfur War Crimes Case Against Banda
THE HAGUE- Prosecutors at the International Criminal Court (ICC) have asked judges to terminate the war crimes case against Sudanese rebel leader Abdallah Banda, saying deteriorating evidence and newly obtained exculpatory material mean there are no longer sufficient grounds to continue prosecuting him over a deadly 2007 attack on African Union peacekeepers in Darfur.
The request, announced on Tuesday, concerns Banda’s alleged role in an assault on the Haskanita military base in North Darfur that killed 12 African Union peacekeepers. Banda had faced three counts of war crimes linked to the attack.
In a statement, the Office of the Prosecutor said the passage of time had significantly weakened the case, leaving investigators without a sufficient evidentiary basis to pursue prosecution.
“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,” prosecutors said.
According to the prosecution, witnesses have become unavailable or unwilling to cooperate, while credibility concerns have emerged regarding other key witnesses. Prosecutors also cited recently obtained exculpatory evidence as a major factor undermining the case.
“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,” the Office of the Prosecutor said.
Banda, who was born in 1963, first appeared voluntarily before the ICC in 2010. During that appearance, he urged others accused of similar crimes to come before the court and assert their innocence.
His trial had originally been scheduled to begin in 2014. However, proceedings were abandoned after the court concluded he was unlikely to appear voluntarily, leading judges to issue an arrest warrant.
The prosecution said that during the more than decade after Banda absconded from justice, the evidentiary foundation of the case continued to erode despite efforts to pursue additional investigative avenues.
Although prosecutors submitted their request to discontinue the case in October 2023, the application remained confidential until judges approved its publication.
ICC Deputy Prosecutor Nazhat Shameem Khan acknowledged the significance of the decision, particularly for victims who have waited years for accountability.
“We do not take this decision lightly,” Khan said. “We acknowledge the impact it will have on the victims who have been waiting for years for justice.”
She added that the ICC’s investigation into alleged crimes committed in Darfur remains a priority for the prosecution despite the request to end proceedings against Banda.
The ICC continues to seek the arrest of former Sudanese President Omar Al-Bashir, who remains wanted over allegations connected to the conflict that erupted in Darfur in 2003. The war began after ethnic African rebel groups accused the Arab-dominated Sudanese government of discrimination, triggering a conflict that led to widespread allegations of war crimes and crimes against humanity.
The court’s latest move marks a rare instance in which prosecutors have sought to withdraw charges because they no longer believe the available evidence meets the legal threshold required to proceed with a prosecution.