The International Criminal Court (ICC) terminated its case against Sudanese rebel commander Abdallah Banda on July 23 and vacated his outstanding arrest warrant.
The charges concerned Banda’s alleged role in the September 2007 attack on an African Union peacekeeping base at Haskanita in North Darfur, which killed 12 peacekeepers. He faced three war crimes counts: violence to life, intentionally attacking a peacekeeping mission and pillaging.
Trial Chamber IV found prosecutors had not demonstrated that the evidence had deteriorated enough to prevent a trial. The judges nevertheless concluded that proceeding while the prosecution refused to present its case would conflict with the court’s duty to ensure a fair and efficient trial – while deploring the prosecution’s position.
The Office of the Prosecutor said the evidence had significantly deteriorated over time: witnesses became unavailable or uncooperative, credibility concerns emerged with others, and newly obtained exculpatory material weakened the case. Prosecutors concluded there was no reasonable prospect of conviction, according to the Associated Press.
However, new proceedings remain possible if further evidence emerges, and the ICC’s broader Darfur investigation continues. Deputy Prosecutor Nazhat Shameem Khan acknowledged the decision’s impact on victims who have waited years for justice.
The termination comes amid intense external pressure: since the ICC’s arrest warrants for Russian President Vladimir Putin (2023) and Israeli Prime Minister Benjamin Netanyahu (2024), the United States has sanctioned court judges and prosecutors – Shameem Khan among them.
The record stands: a case confirmed in 2011 collapsed without trial after 12 years of evasion which, by the prosecution’s own account, eroded the evidence beneath it. Three ICC arrest warrants over Darfur remain outstanding, including against former president Omar al-Bashir.
