OUR OWN HIGH SCHOOL

BACKGROUND
GUIDE
INTERNATIONAL CRIMINAL COURT
LETTER FROM
THE DIAS
Dear Delegates, We are delighted to serve as the dias for the
International Criminal Court (ICC) committee at OOW MUN
2023. We are here to promise an engaging and intellectually
stimulating experience of MUN-Debating offering delegates
some of the most thrilling and exciting discussions they have
ever experienced

As the focus of our committee, we have chosen "The Case of

Ali Muhammad Ali Abd-Al-Rahman," a highly significant and
widely-discussed ongoing ICC court case in the real world. Its
one of the most interesting ongoing cases and has a lot of
content to debate over

Throughout the conference, we look forward to witnessing

enthusiastic debates on the complex legal formalities and
framework surrounding the case. Participants will have the
opportunity to explore into the complexities of the trial and
explore various perspectives on this critical matter. Our
primary aim is for delegates to craft notable and effective
resolutions and close this case with the right justice.

we as chairs will be here to guide you throughout the

conference and also ensure we all have fun. We encourage all
delegates to actively participate, and challenge one another's
arguments, in a diplomatic and respectful manner. OOW MUN
2023 ICC committee promises to be an extraordinary platform
for learning, growth, and forging lasting connections with
fellow delegates
INTRODUCTION TO
THE AGENDA
The case of Ali Muhammad Ali Abd-Al-Rahman is one of keen interest. It
remains to be a matter of respecting the global rule-based world order or
abetting the release of a war criminal. Ali Muhammad Ali Abd-Al-Rahman, or
Ali Kushayb, as he is known in Sudan, was a former Janjaweed Commander
during the presidency of former military ruler, Omar al-Bashir. Ali Kushayb
is currently ongoing his trial.
Ali Muhammad Ali Abd-Al-Rahman has been charged by the International
Criminal Court with a total of 504 counts of murder, 20 rapes, and the forced
displacement of over 41,000 people from the Darfur Region of Sudan,
although these numbers are expected to be much, much higher due to a lack of
free press sources within the region.
Ali Kushayb belongs to the Ta’isha and Dagaoni tribes of Sudan, based out of
Southern Sudan. These tribes, along with many other Sudanese tribes, had
later formed the Janjaweed, a militia group, which remains to be a pan-
Arabist and Islamist force within Sudan, currently locked in a deadly conflict
with the Sudan People’s Armed Forces, as well as the Sudanese Police, vying
for the control of not just Darfur, but all of Sudan. Kushayab had served as a
liaison within the Janjaweed previously. Furthermore, Ali Kushayb had also
previously served within the PDF, or the Popular Defense Forces of Sudan,
which was later dissolved in 2019, following the overthrow of military
dictator, Omar al-Bashir. Kushayb had served as a commander within such,
for a total duration of one year.
Kushayb has been accused of committing heinous war crimes in the Darfur
region of Sudan, in which the Sudanese government was engaged in a heavy
crackdown on independent pro-Democracy rebels, such as the Sudan
Revolutionary Front, however, after numerous coups, the Sudanese
Government had signed a comprehensive peace accord with most rebel groups.
Ali Muhammed Ali Abd-Al-Rahman however, was a Janjaweed Commander
during the time of war and had actively participated in the massacre of not
just pro-Democracy movement supports, but also the non-Arab population of
the Darfur region, leading to widespread condemnation throughout the globe.
It is also suspected that Kushayb has had a hand to play in the ongoing
Darfur Genocide, which has left between 80,000 to 400,000 murdered.
The United Nations also pushed forward “UN Security Council Resolution
1593” which was pushed after an ICC report on the situation in Darfur, which
forced Sudan to cooperate with an ICC investigation, and put the jurisdiction
of such in the hands of the International Criminal Court. The following was
unanimously voted into favor by France, Russia, the United Kingdom,
Argentina, Benin, Brazil, Denmark, Greece, Japan, the Philippines, Romania,
and Tanzania, and met with four abstentions, from China, the United States,
Algeria, and Brazil.
In the pursuit of justice for crimes against civilians committed in the Darfur
Region between 2003 and 2004, the International Criminal Court (ICC) took
decisive action by charging Ali Kushayb, a Janjaweed commander, with
multiple counts of rape, killings, and lootings.
 KEY TERMS
Janjaweed - A Sudanese Arab militia, which operates in Sudan, most
notably in the Darfur region and Eastern Chad, with reports of such
operating in Yemen as well. The Janjaweed are Arab Partisans, made
from the various different Arab tribes in Sudan, with the vast majority
of such being Ababa Arabs, a group of Arabs from Sudan and Eastern
Chad, also found in other parts of the Sahel Region.

United Nations Resolution 1593 - A UN resolution inherently placing the

identification and punishment of those involved in the Darfur Genocide,
firmly under the International Criminal Court, and ensuring Sudan co-
operates and follows along with the capture and repatriation of Ali
Kushayb for a fair and just trial.

Darfur - A region in Western Sudan, incorporated into Sudan in the late

1800s. Darfur is a multi-homogenous region, inhabiting non-Arab tribes
as well as Arabs, with land rights being a major point of contention, and
leading to the rise of groups such as the Janjaweed. Darfur has also been
the point of contention between pro-democracy protestors and the
various Sudanese military dictators
.
Popular Defence Forces - The Popular Defence Forces, was a
paramilitary group established under the Sudanese Armed Forces, and
previously a part of such until the 2019 coup of Omar al-Bashir, and was
formed as a pro-Governmental and pro-Islamist miltia within Sudan, of
which Ali Kushyab was a part of between 2003-2004.

Rome Statute (ICC) - The Rome Statute, is the treaty which established
the International Criminal Court, and had established four core
international crimes. These being Genocide, Crimes against Humanity,
War Crimes, and the Crime of Agression. Under this statue, the ICC
retains the authority, to try and prosecute criminals when nations are
unable, or unwilling to. Sudan was previously a signatory, but had
withdrawn in 2007.
KEY ISSUES
Lack of cooperation by the Sudanese Government
The lack of cooperation from Sudanese authorities in transferring ICC
suspects, notably former President Omar al-Bashir, significantly
contributes to the prolonged delays in the case. The cooperation
required from Sudan encompasses two crucial aspects: the execution of
arrest warrants and a positive response to requests made by the ICC
prosecutor. Unfortunately, Sudan's failure to fulfill these obligations
has resulted in a further slowdown of the legal proceedings.
The ICC heavily relies on Sudan's cooperation to gain access to critical
elements of the case, including documents, archives, crime scenes,
witnesses, and other relevant evidence related to the Darfur cases.
Without full and unhindered access to these resources, the ICC faces
significant challenges in building a robust case against the accused.
Furthermore, the ability of ICC personnel to travel throughout Sudan
freely and work independently is crucial for conducting thorough
investigations.
During the tenure of former President Omar al-Bashir, Sudan blatantly
withheld cooperation with the ICC. The government's noncompliance
extended to the enforcement of arrest warrants against individuals like
Ali Kushayb and Ahmad Haroun, among others. In fact, the ICC
reported several instances of noncooperation to the Security Council,
highlighting Sudan's failure to meet its obligations under international
law. Despite Sudan's efforts and claims to further cooperate they still
remain not a party of the ICC.

Sudan’s Political Situation

In October 2021, a coup led by military leaders in Sudan resulted in the
arrest of civilian officials and the dissolution of the transitional
government. In response to the coup, protesters took to the streets to
express their rejection, leading to violent confrontations with security
forces. These security forces have been documented using excessive and
lethal force against peaceful demonstrators in Khartoum. Additionally,
there have been reports of detentions of protesters and political
leaders.
Despite calls from regional and international officials for the military
to cease the crackdown, these appeals have not been heeded. The
ongoing situation poses a threat to the progress made by the
transitional government, particularly in regard to accountability
measures, including cooperation with the International Criminal
Court. While military leaders have not explicitly reversed earlier
commitments, the current climate of the crackdown and lack of
accountability raises concerns for the victims of crimes committed in
Darfur and throughout Sudan.
This prevents further cooperation with the International Criminal
Court as it delays further arrest warrants of witnesses as well as
creates a hostile and unsafe environment for witnesses and victims
further interfering with the case.
KEY ISSUES
Inability to get victims to testify
In January 2022, ICC judges authorized 142 victims to participate in the
trial phase of the proceedings. 20 percent of the participating victims were
children under 18 at the time of the events These include most of the same
victims who participated in earlier phases of the proceedings and some
new. This is because of the ICC’s innovative system of victim participation,
which allows victims of alleged crimes to make their views and concerns
known to the judges in the trial through their legal representatives. Despite
this system, victims are still holding back and are fearful to testify.
The main cause would be due to three important figures; the former
President, former Minister for Humanitarian Affairs, and Defence
Minister, all getting out of prison in April of 2022. Putting aside the fear
of big figures, two decades after the crimes, victims are still mostly
displaced. The vast majority of them reside in internally displaced persons
camps in Darfur.

One of these is the Kalma camp and another large number of victims live in
refugee camps in Chad, while a smaller number is located in cities across
Sudan. The remainder are parts of the wider diaspora. This dispersion of
victims makes it difficult to appropriately locate and contact them, in
times of desperation, to put a criminal in jail after so many years. Contact
with the victims in Sudan mainly happens via intermediaries on the ground,
WhatsApp messages, and regular video calls, when the poor Internet
connection allows it.

The failure to implement proper mediums of communication has caused a

lack of information being passed and a lack of trust being built between
victims and the legal teams. The victims’ legal representative Natalie von
Wistinghausen said that the victims have been told very clearly that for
them to be associated with the ICC is a source of danger. Clearly, victims’
safety is an issue, as well as the safety of the legal representatives
prevented from visiting their clients in Sudan.
The common legal representative of victims had a chance to speak to a
limited number of them but they said that they felt “the same feelings of
fear and insecurity”. “I think that many of the victims feel like they are
thrown back to former times,” says von Wistinghausen, adding that they
are losing hope, for justice and to return home.

Minimal UN Interference behind the trial

As the United Nations had handed the trial and punishment of those
responsible for the war in Darfur, solely to the International Criminal
Court, there are significant concerns regarding how the trial will proceed
in the sole hands of the International Criminal Court, rather than a United
Nations Tribunal. The situation in Darfur remains to be incredibly
complex, and as the conflict has spread rapidly throughout Sudan, many
are tense as to how the ICC will deal with prosecuting such crimes against
humanity.
MAJOR PARTIES
INVOLVED
Sudan
The Sudanese Government, due to Ali Kushayb’s long-time service to
the various governments within Sudan, had initially suspended all
cooperation with the International Criminal Court in April of 2007 and
worked consistently to deny the extradition of Ali Kushayb or any of
his colleagues. However, with the passing of UN Security Resolution
1593, Sudan was forced to cooperate with not just the International
Criminal Court, but the United Nations as well, for the extradition of
Ali Muhammed Abd-Al-Rahman.

People’s Democratic Republic of Algeria

Algeria was one of the four member states, that had abstained upon
the voting of UNSC Resolution 1593. This was largely due to the fact
that the Algerian Government, believed that the African Union, would
be much better suited to deal with the problem. Sudan and Algeria are
both African nations and a part of the African Union. Many nations
such as Nigeria, and Rwanda, who had previously sent help to the joint
UN-African Union Peacekeeping Mission in Darfur, also had agreed to
such but did not have the power to influence any vote, due to the fact
that they did not remain on the Security Council.

People’s Republic of China

The People’s Republic of China was yet another nation that choose to
abstain from voting. China, at the United Nations, had actively called
for Ali Kushayb to be tried not under the ICC Rome Statute, but under
Sudanese Courts instead, highly likely due to the close ties between the
People’s Republic and the Sudanese Government, and China’s support
for the Sudanese Government during the War in Darfur.

The United States of America

The United States, another member who had abstained from the vote
on UN Resolution 1593, had objected to some provisions of the court,
likely due to the lack of control of the P5 Powers, which the United
States remains to be the most powerful member of. To appease such,
the United States was granted a selective view over the appointment of
judges within the case.

Federative Republic of Brazil

The Government of Brazil had actively voted in an abstention over the
resolution, however, did not agree with the United States receiving a
selective view over the appointment of judges throughout the case,
instead, being of the firm belief, that the judges should be chosen from
the United Nations.
PAST ATTEMPTS TO
SOLVE THE ISSUE
In 2007, Ali Kushayb was indicted by the International
Criminal Court (ICC), which issued an arrest warrant for him.
The charges against him included war crimes and crimes
against humanity committed in Darfur. This indictment
represented a significant step towards accountability and the
pursuit of justice for the victims.
The international community, including human rights
organizations and governments, consistently exerted pressure
on the Sudanese government to cooperate with the ICC and
facilitate the arrest and surrender of Ali Kushayb. The
objective was to uphold the principle of accountability and
prevent impunity for grave crimes.
In 2019, the United Nations Security Council (UNSC)
reaffirmed Sudan's legal obligation to transfer former
President Omar Hassan Ahmed al-Bashir and two other
detained suspects to the ICC in relation to the Darfur
situation. This reiteration underscored the international
community's insistence on cooperation and adherence to
international justice standards.
A positive development occurred when the UN itself arrested
and charged two suspects, Abdel Raheem Hussein, and Ahmed
Harun, in 2019 as they were detained. This development placed
Sudan in a position where surrendering Ali Kushayb and
Abdallah Banda, who were still at large at the time, was
demanded by the ICC.
At the national level, Sudanese authorities made efforts to
address the crimes committed in Darfur by establishing special
courts tasked with investigating and prosecuting those
responsible for the atrocities. However, the effectiveness and
impartiality of these domestic processes came under scrutiny
and faced criticism.
LEGAL
REPRECUSSIONS
Charges held by Ali Kushayb

As of the present day, Ali Kushayb stands accused of a

staggering total of 31 counts of war crimes, encompassing his
involvement in the Popular Defence Forces during the years
2003-2004 and his subsequent association with the Janjaweed.
Notably, Kushayb faces an alarming 504 counts of murder,
underscoring the gravity and scale of the atrocities attributed to
him. These charges encompass a range of heinous acts, including
killings, rape, looting, and other forms of violence perpetrated
against innocent civilians in the Darfur Region. The crimes in
question were allegedly committed within the villages of
Kodoom, Brindisi, Mukjar, and Deleig, situated in the Western
Darfur area, during a period marked by widespread violence and
human rights abuses.

Murder
Attempted Murder
Pillaging
Rape
Torture
Diverting attacks on the Civilian population
Forcible population transfer
Destruction of Property
Outrages of personal dignity
Persecution
 TIMELINE OF THE
CASE
2003-2004: The conflict in Darfur, Sudan, intensifies with rebel groups
taking up arms against the Sudanese government and its allied militias,
including the Popular Defense Forces (PDF), led by Ali Kushayb.

2007: The International Criminal Court (ICC) issues an arrest warrant

for Ali Kushayb, charging him with war crimes and crimes against
humanity committed in Darfur. The charges include murder, torture,
rape, persecution, and pillaging
.
2019: Sudan undergoes political changes, and protests against the
regime of President Omar al-Bashir lead to his removal from power in
a coup. A transitional government is established.

February 2020: Reports emerge of Ali Kushayb's arrest in the Central

African Republic (CAR) by local authorities, following pressure from
the ICC. He is transferred to the ICC's custody.

2020-2021: The ICC's pre-trial proceedings against Ali Kushayb take

place. Legal arguments, evidence gathering, and discussions on the
admissibility of the case occur during this period.

September 2021: The ICC holds a confirmation of charges hearing in

the Ali Kushayb case. The hearing aims to determine if there is
sufficient evidence to proceed with a trial.

April 2023 : The trial in this case opened before Trial Chamber I and is
currently ongoing. 56 witnesses appeared in the courtroom during the
presentation of the Prosecution’s case and the Prosecution has finished
presenting its evidence.

May 2023 : The common legal representatives of the victims are

scheduled to make their opening statements and call their witnesses
during the week of 22 to 26 May 2023.
 POSSIBLE
SOLUTIONS
Sanctions on Sudan

A solution that could be implemented could be sanctions on the

Sudanese Government, Armed Forces, as well as the Janjaweed.
However, in light of the recent crisis and dispute within Sudan,
this will likely do nothing but just alienate the people of Sudan
further from the economic prosperity that many of Sudan's
neighbors maintain. Furthermore, this can also actively have an
adverse effect, in the form of canceling crucial financial
services to the people of Sudan which the rest of the world
enjoys.