By Brian Kiprono - Reporter
Kenya, July 15, 2026 - The International Criminal Court (ICC) has asked judges to terminate its long-running war crimes case against former Sudanese rebel commander Abdallah Banda Abakaer Nourain, saying new evidence and the deterioration of key testimony have weakened the prosecution's case beyond the legal threshold required for trial.
If approved by Trial Chamber IV, the move will bring to an end a case that has remained before the court for more than a decade without reaching trial.
Banda, a former commander of the Justice and Equality Movement (JEM), was accused of orchestrating the 29 September 2007 attack on an African Union peacekeeping base in Haskanita, Darfur, in which 12 peacekeepers were killed and eight others seriously wounded.
The ICC had confirmed three war crimes charges against him in 2011, before issuing an arrest warrant in 2014 after he failed to appear before the court.
However, following a comprehensive review of the evidence, prosecutors now say they no longer have sufficient grounds to pursue the case.
According to the Office of the Prosecutor, the case has been undermined by the passage of time, with several witnesses becoming unavailable or unwilling to cooperate, credibility concerns surrounding key testimony, and newly obtained exculpatory evidence that casts doubt on Banda's alleged responsibility.
The prosecution also concluded that further investigations are unlikely to uncover evidence capable of strengthening the case.
"We do not take this decision lightly. We acknowledge the impact it will have on the victims who have been waiting for years for justice," ICC Deputy Prosecutor Nazhat Shameem Khan said.
More from Kenya
"We hope many will understand that while the Prosecution has a duty to ensure that justice is achieved, we also have an obligation to proceed to trial only on the basis of sufficient evidence."
The prosecution clarified that withdrawing the charges would not amount to an acquittal and would not prevent the ICC from reopening the case should credible new evidence emerge in future.
"The withdrawal of charges concerns only Mr Banda. Our Office will continue efforts in cases pending before the Court over past atrocities as well as our ongoing investigation into current crimes in Darfur. The Situation in Darfur remains a key priority for our Office," Khan said.
The request was originally filed confidentially in October 2023, but only became public this week following the court's decision to release the documents.
The development comes as the ICC intensifies investigations into more recent atrocities committed during Sudan's ongoing conflict, with prosecutors recently announcing they had made a "breakthrough" in gathering evidence linking alleged crimes in Darfur to senior leadership.
Sudan's war, which erupted in April 2023, has triggered one of the world's worst humanitarian crises, with widespread allegations of war crimes and crimes against humanity committed by multiple parties to the conflict. The ICC says its investigations into those alleged crimes will continue regardless of the outcome of Banda's case.