{"id":20135141,"date":"2026-07-23T16:31:30","date_gmt":"2026-07-23T14:31:30","guid":{"rendered":"https:\/\/www.dabangasudan.org\/?p=20135141"},"modified":"2026-07-23T16:37:15","modified_gmt":"2026-07-23T14:37:15","slug":"icc-trial-chamber-terminates-proceedings-in-case-against-former-jem-commander-abdallah-banda-without-prejudice","status":"publish","type":"post","link":"https:\/\/www.dabangasudan.org\/en\/all-news\/article\/icc-trial-chamber-terminates-proceedings-in-case-against-former-jem-commander-abdallah-banda-without-prejudice","title":{"rendered":"ICC Trial Chamber terminates case for Sudan war crimes against former JEM commander Abdallah Banda \u2018without prejudice\u2019"},"content":{"rendered":"\n

Trial Chamber IV of the International Criminal Court (ICC) in The Hague, the Netherlands, has terminated the proceedings against the former commander of Sudan\u2019s Justice and Equality Movement (JEM) \u2018Collective Leadership\u2019 faction, Abdallah Banda Abakaer Nourain, and thereby vacated the arrest warrant against him. The Chamber \u2018deplores\u2019 the position taken by the Prosecution, and emphasised that \u201cthis determination is without prejudice to any case that could be brought against Mr Banda for the same or similar facts at a later date\u201d.<\/strong><\/p>\n\n\n

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Former commander of Sudan\u2019s Justice and Equality Movement (JEM) \u2018Collective Leadership\u2019 faction, Abdallah Banda Abakaer Nourain (File photo: Supplied)<\/em><\/figcaption><\/figure>\n<\/div>\n\n\n

As reported by Radio Dabanga on Tuesday, prosecutors \u2014 presented by senior legal coordinator Cara Pronk-Jordan  \u2014 explained to Trial Chamber IV, with Judge Kimberly Prost<\/a> (Presiding), assisted by Judge Keebong Paek<\/a> and Judge Nicolas Guillou<\/a>, why they had withdrawn the war crimes charges arising from the September 2007 attack on the African Union Mission in Sudan (AMIS) base at Haskanita, North Darfur. Their account revealed how a case that once appeared trial-ready had steadily weakened over 15 years despite repeated efforts to strengthen it.<\/p>\n\n\n\n

On 15 July 2026, Trial Chamber IV authorised the Prosecution to withdraw the charges in the case after reconsidering its previous decision refusing such withdrawal.<\/p>\n\n\n\n

A statement by the ICC today<\/a> confirms that the Chamber 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. Nevertheless, the Chamber determined that \u201cproceeding 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\u2019s ultimate obligation to ensure a fair and efficient trial\u201d.<\/p>\n\n\n

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Presiding Judge Kimberly Prost, ICC Trial Chamber IV (Photo: ICC)<\/em><\/figcaption><\/figure>\n<\/div>\n\n\n

The statement says that \u201cwhile deploring the position taken by the Prosecution, to avert an injustice, the Chamber reconsidered its previous decision and authorised the Prosecution\u2019s request to withdraw the charges against Mr Banda. The Chamber emphasised, however, that this determination is without prejudice to any case that could be brought against Mr Banda for the same or similar facts at a later date.\u201d<\/p>\n\n\n\n

To ensure transparency and the publicity of the proceedings, the Chamber ordered the parties and participants to file public redacted versions or request the public reclassification of the relevant submissions related to the withdrawal of charges (which to date were classified as confidential), and (ii) held a public status conference on 21 July 2026.<\/p>\n\n\n\n

During the status conference, the Prosecution gave public notice of their decision to withdraw the charges against Mr Banda<\/a>. The Defence and the Legal Representative of Victims had an opportunity to make observations.<\/p>\n\n\n\n

The pre-trial Chamber is expected to present its final decision within days.<\/p>\n\n\n\n

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