Rhino: Agencies – As the International Criminal Court (ICC) is about to present closing arguments in the case of Sudanese Ali Abdel Rahman, known as “Ali Kosheib,” accused of war crimes and crimes against humanity in the Darfur region, the defense team described Kosheib as a “scapegoat” provided by the Sudanese government to cover up the main defendants, former President Omar al-Bashir, then Defense Minister Abdel Rahim Mohamed Hussein, and Interior Minister Ahmed Haroun, the ICC announced during a “workshop” organized for Sudanese journalists in the Kenyan capital, Kampala, on Friday.

During a “workshop” organized for Sudanese journalists in the Kenyan capital Kampala on Friday, the ICC announced that it had decided to present the closing arguments in the prosecutor’s case against Ali Mohamed Ali Abdelrahman, known as “Ali Kosheib,” during the period from December 11 to 13, 2024, at the court’s headquarters in the Dutch city of The Hague. Abdel Rahman faces 31 charges related to war crimes and crimes against humanity allegedly committed in Sudan’s Darfur region from August 2003 to April 2004, in the areas of Mukjar, Bindisi, Dilej and Kadum in Central Darfur.

Demands for the extradition of al-Bashir and Haroun:
Counselor in the Office of the Prosecutor General, Dahiru San Ana, said during a video conference from The Hague that his office is conducting investigations into events related to Darfur due to the current war. He explained that he has assigned a team to gather information on new cases of war crimes and crimes against humanity rumored to have occurred in the troubled region. At the conclusion of the investigations, requests will be made to judges to bring charges.

He explained that the main defendants, former President Omar al-Bashir, his defense minister at the time, Abdel Rahim Mohamed Hussein, and his interior minister, Ahmed Mohamed Haroun, are still inside Sudan. “According to the UN Security Council resolution, they must be handed over to the court, and this is an obligation that still stands,” he added. He noted that the October 25, 2021, military-led coup further complicated the situation regarding the extradition of the accused.

Dahiru said that the responsibility for handing over the defendants lies with the government of Sudan, which knows where they are. “We asked them last year, but they didn’t give us any information, and they said they were investigating Ahmed Haroun’s whereabouts,” he said. “The investigations with Kosheib showed that Haroun was involved in all the crimes committed by Kosheib, and we asked for his extradition so that the two men could be tried together, but that didn’t happen.”

The issue of the extradition of Ahmed Mohamed Haroun resurfaced again, after increasing conflicts within al-Bashir’s party, the National Congress, and his election as party president, despite the charges brought against him by the International Criminal Court and the accusations against him in the local judiciary. After the overthrow of President Omar al-Bashir’s regime, the three men face trial on charges related to orchestrating the 1989 coup, which carries the death penalty. Following the outbreak of war on April 15, Haroun and other defendants escaped from prison and their whereabouts remain unknown, while authorities continue to report that al-Bashir and Hussein remain in detention, without disclosing their location.

Accusations against the government of Sudan:

ICC spokesperson Fadi al-Abdullah explained that the court is unable to extend its jurisdiction over alleged crimes committed by the RSF in new areas of Sudan because Sudan is not a member of the Rome Statute, which establishes the ICC. He added that the court’s jurisdiction is limited to Security Council Resolution 1593 of 2005, which referred the situation in Darfur to the court. Speaking to reporters, the accused’s lawyer Cyril Lauchi accused the “government of Sudan” of presenting Kosheib as a “scapegoat” to cover up for the main defendants.
“The representative of Sudan came and said: Take him and try him, he is the one who should be tried, even though the main defendants are Omar al-Bashir and his aides, the defense minister and the interior minister,” he said. Kosheib’s lawyer attributed the delay in the trial proceedings to the absence of the other defendants, noting that the process could have proceeded in a way that would have promoted justice with their presence. “The victims are entitled to compensation, regardless of Kosheib’s conviction or acquittal, and the victims’ right will not be affected by the fact that he is or is not a criminal,” he said.

According to Hague court spokespersons, the Office of the Prosecutor, victims’ representatives and the defense will present their closing arguments on time before Trial Chamber I, which includes Judge Joanna Körner as presiding judge, as well as Judges Reine Alapini Ganso and Althea Violette Alexis. Koshep’s trial before Trial Chamber I began on April 5, 2022, after he surrendered to the court in June 2020. During the proceedings, the court examined 56 witnesses

The presentation of the prosecution’s case ended on June 5, 2023. The court is expected to hear the closing arguments of the prosecution and defense before making a decision on the man in custody at the court in The Hague.