ICC prosecutor requests withdrawal of war crimes charges against Sudan’s Abdallah Banda
July 14, 2026 (THE HAGUE) – The Office of the Prosecutor of the International Criminal Court (ICC) has requested authorization to withdraw war crimes charges against former Sudanese rebel commander Abdallah Banda Abakaer Nourain, citing a severe deterioration of evidence over time.
In court filings made public this week, the prosecution informed Trial Chamber IV judges that after exhausting all available investigative avenues, there are no longer substantial grounds to believe Banda is criminally responsible for the charged crimes.
The formal request to drop the case was initially submitted confidentially on October 5, 2023, in compliance with chamber orders, preventing the office from making the decision public until now.
The prosecution stated the decision followed an objective assessment of the evidence, guided by the interests of fairness and justice, and its statutory duty to investigate incriminating and exculpatory circumstances equally.
Banda, a former commander of the Justice and Equality Movement (JEM), was charged with three counts of war crimes for his alleged role in a September 29, 2007 attack on African Union peacekeepers at the Haskanita military base in Darfur, which killed 12 soldiers and severely wounded eight others.
The ICC Pre-Trial Chamber confirmed the charges against him on March 7, 2011, and subsequently issued an arrest warrant on September 11, 2014, after Banda absconded from justice.
In the decade since the warrant was issued, the prosecution concluded that key elements of its case had collapsed due to witnesses becoming unavailable or uncooperative, serious credibility issues with other key witnesses, and recently obtained exculpatory evidence. Given the advanced stage of the investigation, the office noted it is highly unlikely that further inquiries will yield new evidence to alter its assessment.
If approved by the ICC judges, the withdrawal will officially terminate the case against Banda.
ICC Deputy Prosecutor Nazhat Shameem Khan acknowledged the decision would heavily impact victims who have waited years for justice. She expressed gratitude for their courage and cooperation, explaining that while the prosecution has a duty to pursue justice, it also faces an obligation to proceed to trial only on the basis of sufficient evidence.
Shameem Khan, who oversees the case, emphasized that the withdrawal applies strictly to Banda. She affirmed that the Darfur situation remains a key priority, and the office will continue its work on other pending cases linked to past atrocities, alongside its ongoing investigations into current crimes in Darfur.
ICC Prosecutor Karim Khan recused himself from the case upon assuming office on June 16, 2021, having previously served as Banda’s defence counsel.
The prosecution noted that the withdrawal request is without prejudice, meaning it retains the right to bring new charges based on the same or similar factual circumstances should sufficient evidence emerge in the future.