Nazhat Shameem Khan
Nazhat Shameem Khan, ICC Deputy Prosecutor, says the court has uncovered 'breakthrough evidence' that could bring victims of Darfur, Sudan crimes justice Queenwithoutsword, CC BY-SA 4.0 , via Wikimedia Commons/Wikimedia Commons

The International Criminal Court (ICC) has signalled a pivotal turn in the Sudan conflict, with Deputy Prosecutor Nazhat Shameem Khan confirming that investigators have secured breakthrough evidence directly linking the Rapid Support Forces (RSF) leadership to systematic war crimes in Darfur. This significant development, which marks an investigative milestone rather than a formal indictment, suggests a sophisticated legal net is closing in on those responsible for the devastating El Fasher siege.

By connecting ground-level atrocities to those in commanding positions, the ICC is effectively targeting the architects of the violence that has ravaged Sudan, a strategy designed to dismantle the climate of impunity that has plagued the region since the conflict's escalation in 2023.

Khan said the ICC had made a significant breakthrough in the investigation of civilian killings in el-Fasher and el-Geneina in Sudan. 'It may take time for justice to develop, to be brought to the court, but we will get there,' Khan told BBC.

El-Fasher's siege and capture in October 2025 stands as one of the deadliest events amid the war between Sudan's army and the RSF, with over 6,000 casualties. The group denied carrying out the killings on several occasions.

New Evidence Strengthens ICC Investigation

Khan, who had recently visited eastern Chad camps where survivors of Darfur attacks had fled and taken refuge, told the BBC that they have gathered 'concrete evidence' that connects alleged crimes in Darfur with individuals in high positions. She did not, however, provide a timeline on when the individuals responsible for the atrocities in the war will face the charges against them.

Speaking to Reuters, Khan said, 'We have got additional evidence, strong evidence, linking what is occurring in Darfur with leadership levels. And we are very, very pleased to say that this is a breakthrough for us.' She added, 'We ⁠are confident that there are going to be results in at least a reasonable time.'

Current investigations of the ICC focus on el-Geneina and el-Fasher attacks, where reports have described sexual violence, executions, persecution and attacks against non-Arab communities. The United Nations described the violence in el-Fasher as 'hallmarks of genocide.'

Prosecutors have reportedly collected testimony from witnesses and survivors of the attacks, as well as other forms of evidence, to build cases against those allegedly responsible, per Reuters.

Long Road to Accountability

Although Sudan is not a State Party to the Rome Statute, according to the ICC, it has obtained jurisdiction over crimes committed in Darfur, Sudan, because the United Nations Security Council (UNSC) referred the situation to the ICC on 31 March 2005 when it found that 'the situation in Sudan continues to constitute a threat to international peace and security.' The referral gave prosecutors the authority to investigate alleged war crimes, crimes against humanity, and genocide committed in the region.

More than two decades later, Khan said investigators are seeing similarities in the patterns of the alleged crimes committed during the current conflict in Darfur and those documented when the Darfur situation was first brought before the court. She told the UN Security Council, 'What we see is patterns of offending that in fact were the same patterns of offending 20 years ago when this situation was first referred to us by the Security Council.'

International organisations warn that civilians, particularly in Darfur, where reports of attacks on displaced people, hospitals, and humanitarian infrastructure continue to emerge, remain at extreme risk. The ICC has repeatedly stated that its investigation extends to crimes committed since the conflict began in 2023.

For the thousands of survivors currently sheltering in eastern Chad, this is more than a legal update; it is a flicker of hope amidst a humanitarian catastrophe that United Nations observers have repeatedly identified as bearing the chilling, unmistakable hallmarks of genocide.

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