Our friends at the International Criminal Court regularly get asked questions about how the court works, and what is happening regarding Sudan. They’ve put together answers to the most commonly asked questions and shared one of their videos with us, to help shed light on the work that they do.
These ‘Frequently Asked Questions’ originally appeared in a newsletter published on 8 April 2025. Please sign up to our newsletter here.
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When are you filing applications for arrest warrants? Is it for Hemedti and his brothers?
As foreshadowed in the ICC Prosecutor’s last two briefings to the UN Security Council on the situation in Darfur, the Office has made significant progress in advancing the investigations into crimes allegedly committed since 15 April 2023 and will apply for arrest warrants. The Office of the Prosecutor cannot comment on the identity of individuals who are potential subjects of those applications until these applications are granted by the judges and made public.
What’s the difference between an application for a warrant of arrest and a warrant for arrest?
An application for a warrant of arrest is a request made by the Prosecutor, in the course of an investigation, to a Pre-Trial Chamber of the ICC to issue a warrant of arrest of a person for whom there are reasonable grounds to believe he/she has committed a crime within the jurisdiction of the ICC.
The application is thus the document submitted by the Prosecutor to the judges, which must contain information such as the name of the person and any other identifying information, specific references to the crimes allegedly committed, a concise statement of the facts which are alleged to constitute those crimes, a summary of the evidence underlying the crimes alleged to have been committed as well as the reason why the Prosecutor believes the arrest of the person is necessary.
The arrest warrant in contrast is the decision issued by the judges of the ICC Pre-Trial Chamber after assessing the application received from the Prosecutor. This decision is the basis on which any State or entity can proceed to arrest an individual sought by the ICC for crimes alleged to have been committed by that individual.
Why can’t ICC investigate crimes being committed in Gezira’s State and other locations of Sudan / there has been considerable talk of ICC expanding its mandate to cover the entire country given the widespread human rights attacks. Is this possible?
The Office is conducting its work consistent with the terms of UNSC 1593 (2005), in accordance with which the Council referred the situation in Darfur since 1 July 2002 to the Prosecutor of the International Criminal Court. The Prosecutor underlined in his previous reports to the UNSC that the focus of the investigation announced in July 2023 into the conflict that started in April 2023 is primarily on West Darfur, with an ongoing monitoring of what has been happening since May 2024 in North Darfur. The Prosecutor also stressed that those who have aided and abetted the commission of crimes in Darfur, irrespective of their personal location (including outside Darfur), would potentially fall within the jurisdiction of the Court.
In September 2024, the UN Fact Finding Mission for the Sudan recommended that ICC’s jurisdiction be extended to other parts of Sudan. However, no decision was taken by the UNSC on this recommendation.
It has appeared that both warring parties (Burhan and Hemedti) are trying to politicize human rights work in Sudan by developing one-sided mechanisms that only prosecute the opposing side. Will the ICC reject any collaboration with these initiatives or is there a way to benefit from these efforts? Does the Government of Sudan cooperate with the Office of the Prosecutor?
The Office has reached out to the two warring parties in relation to the ongoing conflict and allegations of crimes. The Government of Sudan has since been engaging with the Office and taking steps to respond to its requests for assistance. The Prosecutor had noted in his last report that this cooperation from the Government of Sudan had been improving in recent months. The Office has also been engaging with the RSF on its requests for cooperation. It is important to note that the Office has an obligation to investigate impartially and objectively, and in this respect must collect incriminating and exculpatory evidence whether this is provided by the Government of Sudan or the Rapid Support Forces. Any evidentiary material collected is subject to a proper review to ensure that it is authentic and reliable.
Can you provide an update to the Kushayb case? Is it nearing completion?
The trial of Mr. Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”) was concluded in December 2024 with the presentation of the closing statements of the Prosecution, the Legal representatives of victims and the Defence. The Trial Chamber has since been deliberating and will probably issue the judgment in the course of this year, on the guilt or innocence of Ali Kushayb.
Sudanese media has reported that the National Congress Party recently elected Ahmed HARUN as its Chairman. Does this decision affect his arrest warrant? What is the OTP doing to arrest HARUN? What about Hussein and Bashir?
The arrest warrants for Al-Bashir, Hussein, and Harun remain valid and in full effect. The ICC, strictly speaking, does not “arrest” suspects; rather, it is the duty of states to do so. That said, the Court encourages states to respect their duties and to provide cooperation, including by providing information leading to the arrest and surrender of the named suspects. The Court is actively communicating with several states, including the Government of Sudan, to bring about the arrests of the suspects at large.
How does ICC ensure that witnesses are safe and not targeted by criminals?
The Rome Statute establishing the ICC provides that the court may take necessary measures to ensure the confidentiality of information, the protection of any person or the preservation of evidence. This obligation is taken seriously by the Court especially from the stage of initiation or commencement of an investigation. In its interaction with potential witnesses, the Court, including the OTP always ensures that it applies best practices to avoid any unnecessary exposure of witnesses to risk factors. Witnesses are also properly informed about the potential risks associated to their cooperation with the Court and the best ways to mitigate or avoid the occurrence of such risks. It is important for each witness interacting with the Court to keep such interaction confidential, as this is the first basic step in safeguarding their own well-being, safety, and security.
Can the OTP help human rights activists and organisations that are documenting crimes committed in Darfur/Sudan?
The OTP values the important documentation efforts made by CSOs and Human Rights activists in the context of the conflict in Sudan since April 2023 and interest expressed by many for capacity-building and sharing of expertise and best practices to enable their documentation of atrocity crimes and other violations of international humanitarian law. The OTP has contributed when invited through participation of its staff in such activities when organized by other entities. On those occasions the OTP has briefed participants on the Practical guidelines for civil society organizations on documenting core international crimes [click through to your preferred language] published by the OTP and Eurojust. As a result, when resources and availability permit, the OTP can on a case-by-case basis assess what assistance, if any, it can provide to organisations documenting crimes being committed in Darfur.
[For an Arabic translation of these questions & answers which Waging Peace commissioned from an independent translator (not affiliated with the ICC) please click here.]
