Merve Aydogan
20 January 2026•Update: 20 January 2026
HAMILTON, Canada
The International Criminal Court (ICC) said Monday it has found evidence that war crimes and crimes against humanity have been committed in Sudan's Darfur region, citing repeated atrocities in El Fasher and the use of sexual violence as a weapon of war.
ICC deputy prosecutor Nazhat Shameem Khan told the UN Security Council that the office's assessment was based on video, audio and satellite data collected during the reporting period.
"Based on information and evidence collected by the office in this reporting period, including video, audio and satellite data, it is the assessment of the office of the prosecutor that war crimes and crimes against humanity have been committed in El Fasher, including in October as a culmination of the city's siege by the Rapid Support Forces (RSF)," she said.
Khan said video material showed "a similar pattern of crimes previously seen being allegedly committed by the RSF in other areas of Darfur, including detention, mistreatment and killings of persons from non-Arab tribes."
"The evidence shows that the patterns of atrocities in El Geneina in 2023 have been replicated in El Fasher in 2025. This criminality is being repeated in town after town in Darfur," she said, adding: "It is undeniable, based on our investigations, that sexual violence, including rape, is being used as a tool of war in Darfur."
Khan cited the October 2025 conviction of Ali Mohammed Abdul Rahman as a milestone, calling it "the first conviction resulting from a referral by the Security Council to the court" and the first on grounds of gender-based persecution.
She said investigations face obstacles due to limited access and witness safety, but noted improved cooperation with African states and Sudanese authorities, including missions to Port Sudan.
"The systematic and effective investigation of these crimes will remain a key priority in the coming period," she noted.
- US denies visa to Khan
Before briefing the Council, Khan began by expressing her "regret" for not being able to present the court's work on Sudan in person due to the US denial of a visa.
"I regret that I was not granted a visa in order to be able to provide my briefing in line with a mandate provided by the Council," she said.
According to the UN Headquarters Agreement, the host country, in this case the US, must issue a visa to those on UN official business, regardless of diplomatic relations.
Many of the Council members expressed support for Khan and expressed regret for her visa denial.
However, US deputy envoy Jeff Bartos threatened further actions against ICC and said: "While the crisis in Sudan is a subject worthy of this Council's attention. It is unfortunate that the ICC deputy prosecutor, whom the US has sanctioned for supporting illegitimate ICC actions, was invited to brief today."
"The United States maintains its ongoing and grave concerns with the ICC's attempts to assert jurisdiction over the US or any US ally that has not consented to ICC jurisdiction," he said, adding that "We will not tolerate a court that seeks to undermine US sovereignty, and we have been taking appropriate actions to safeguard our interests."
He stressed that the US "response will continue to escalate in proportion to the threat presented and to the degree to which our long, long-standing concerns remain unaddressed."
