International Criminal Court judges on Thursday reluctantly dropped war crimes charges against fugitive Sudanese rebel Abdallah Banda, who was accused of attacking African Union peacekeepers in Darfur nearly 20 years ago. The decision came after prosecutors stated they could no longer prove their case at trial.
Judges were unusually critical of the prosecution in their written decision, approving the request to drop the three war crimes counts against Banda. The charges related to his alleged involvement in a deadly 2007 attack on a peacekeeping camp in northern Darfur.
The court stated that judges "found that the Prosecution had not demonstrated that the evidence supporting the confirmed charges deteriorated to an extent such that the case could no longer proceed to trial." However, they ruled that "proceeding to trial in this particular case, with a Prosecutor who refuses to present the case despite evidentiary and legal obligations to do so, would be in contravention of the Chamber’s ultimate obligation to ensure a fair and efficient trial."
Prosecutors acknowledged their request would impact 103 victims who have awaited justice for over 15 years. They cited setbacks including two key witnesses no longer being considered credible and a new witness whose testimony could exonerate Banda. "As a result, the Prosecution now no longer considers there are reasonable prospects of convicting Mr. Banda on any of the charges against him," prosecutors wrote, adding that an independent analyst agreed with their assessment.
The Darfur region has a history of genocide and war crimes, with up to 300,000 people killed and 2.7 million displaced. The ICC last year convicted a Janjaweed leader for crimes committed during the Darfur conflict. Former Sudanese President Omar al-Bashir, who faces ICC charges including genocide, has not been handed over to face justice in The Hague despite being detained after his ouster.
ICC prosecutors believe war crimes and crimes against humanity are ongoing in Darfur, which has been embroiled in civil war for over two years. The court's deputy prosecutor previously described the humanitarian crisis in the region as having "reached an intolerable state."