Sudan: ICC Trial Chamber Terminates Case for Sudan War Crimes Against Former JEM Commander Abdallah Banda 'Without Prejudice'

What the report says

AllAfrica, carrying a Dabanga report from The Hague, says Trial Chamber IV of the International Criminal Court has ended proceedings against Abdallah Banda Abakaer Nourain, a former commander in a faction of Sudan’s Justice and Equality Movement. The decision also cancels the ICC arrest warrant issued against him. The chamber stressed that the termination is “without prejudice,” meaning a future case over the same or similar facts is not ruled out.

The case concerned alleged war crimes linked to a 29 September 2007 attack on the African Union Mission in Sudan base at Haskanita in North Darfur. Banda had faced three confirmed charges: murder or attempted murder, attacking peacekeeping personnel or assets, and pillaging. Judges confirmed the charges in 2011, and Banda initially appeared voluntarily, but an arrest warrant was issued in 2014 to secure his attendance at trial. He has remained at large since then.

According to the report, prosecutors had sought to withdraw the charges, saying the case had weakened over many years. The chamber said the prosecution had not shown that the evidence behind the confirmed charges had deteriorated so much that a trial was impossible. Even so, it concluded that going ahead when the prosecutor refused to present the case would conflict with the court’s duty to ensure a fair and efficient trial.

The chamber said it deplored the prosecution’s position but authorised withdrawal of the charges to avoid injustice. It also ordered public redacted filings or reclassification requests for confidential submissions and held a public status conference on 21 July 2026 where the prosecution, defence and victims’ legal representative could address the matter.