The International Criminal Court (ICC) has dropped its long-running war crimes case against Sudanese rebel commander Abdallah Banda Abakaer Nourain, bringing to an end a prosecution that has spanned nearly two decades and highlighting the challenges of securing justice for atrocities committed during the Darfur conflict.
In a decision issued on Thursday, ICC judges granted a request by the Office of the Prosecutor to withdraw the charges after concluding that the evidence no longer met the legal threshold required to proceed to trial.
Banda had been charged with three counts of war crimes over his alleged role in the September 29, 2007 attack on the African Union Mission in Sudan (AMIS) peacekeeping base at Haskanita, North Darfur, where 12 peacekeepers were killed and several others wounded.
The prosecution acknowledged that the case had significantly weakened over time.
“There are no longer substantial grounds to believe that Mr. Banda is responsible for the crimes charged,” prosecutors told the court, citing the deterioration of evidence, the loss of witnesses and the emergence of material that could undermine the original case.
The judges accepted the prosecution’s assessment and formally terminated the proceedings.
However, they stressed that the decision does not amount to an acquittal or a declaration of Banda’s innocence.
“The discontinuance of the proceedings is without prejudice,” the judges ruled, meaning the case could be reopened if credible new evidence becomes available in the future.
A Case Delayed for Years
The ICC first issued an arrest warrant for Banda in 2009. Although he voluntarily appeared before the court in 2010, he later failed to appear for trial after returning to Sudan, prompting judges to issue another arrest warrant in 2014.
For years, the case remained dormant as investigators struggled to secure Banda’s arrest and maintain evidence gathered from witnesses scattered across conflict zones.
The prosecution said the passage of time had taken a heavy toll on the case, making it impossible to prove the charges beyond a reasonable doubt.
Victims Left Waiting
In their ruling, ICC judges acknowledged the disappointment the decision would bring to victims and survivors who had waited years for accountability.
More than 100 victims had been formally recognised as participants in the proceedings.
Despite ending the case, the judges emphasized that the decision reflected the current state of the evidence rather than the seriousness of the crimes.
Darfur Justice Efforts Continue
The Banda case formed part of the ICC’s broader investigation into atrocities committed during the Darfur conflict, which erupted in 2003 after rebel groups accused Sudan’s government of political and economic marginalisation.
Khartoum responded by mobilising Arab militias known as the Janjaweed, whose campaign of killings, rape and forced displacement drew international condemnation.
The ICC continues to pursue several other Darfur suspects, including former Sudanese President Omar al-Bashir, who remains wanted on charges of genocide, crimes against humanity and war crimes.
The court has also secured a conviction against former Janjaweed commander Ali Muhammad Ali Abd-Al-Rahman, commonly known as Ali Kushayb, who was sentenced to 20 years in prison in 2024.
Conflict Still Fuels Calls for Accountability
The decision comes as Sudan continues to face a devastating civil war between the Sudanese Armed Forces and the Rapid Support Forces (RSF), with the ICC warning that fresh atrocities continue to be committed in Darfur.
While Banda’s prosecution has come to an end, the court insists its broader pursuit of accountability in Sudan remains unchanged.
The judges noted that the proceedings had been discontinued because the prosecution no longer believed it could sustain the case, not because the alleged attack on peacekeepers had become any less significant.
For many victims of Darfur, the ruling marks another painful reminder of how difficult international justice can be when conflicts endure, witnesses disappear and evidence fades with time.
