ICC Determines RSF Committed Crimes Against Humanity in El Fasher

By Al Mayadeen English

20 Jan 2026 22:14

RSF actions in El Fasher satisfied legal elements across multiple categories, including murder, extermination, persecution, rape as warfare, and forcible transfer of populations.

The International Criminal Court has formally determined that Sudan's Rapid Support Forces perpetrated war crimes and crimes against humanity during their October 2025 seizure of El Fasher, presenting the UN Security Council with evidence of systematic atrocities in the North Darfur capital.

Deputy Prosecutor Nazhat Shameem Khan delivered the landmark briefing on January 18-19, 2026, outlining compelling documentation, including video footage, audio records, and satellite imagery, that shows RSF forces engaged in ethnically targeted executions, systematic sexual violence, arbitrary detention, and mass concealment operations following their takeover of the city.

The assessment marks the ICC's first formal determination regarding crimes perpetrated during the ongoing war in Sudan, which erupted in April 2023 between the Sudanese Armed Forces and the RSF. Khan emphasized that patterns documented in El Fasher replicate those from the 2023 El Geneina massacre, where UN experts estimate 10,000-15,000 civilians were killed.

Scale of atrocities

El Fasher had endured an 18-month siege before falling to RSF control on October 26, 2025. The blockade, including a 57-kilometer earthen barrier documented by satellite analysis, systematically cut off food, water, and medical supplies to approximately 250,000 trapped civilians, creating confirmed famine conditions by September 2025.

Following the city's capture, Governor Minni Minnawi reported that 27,000 people were killed in the first 3 days alone. Yale Humanitarian Research Lab satellite analysis of seven major markets found no signs of activity in November, suggesting catastrophic depopulation.

Survivor testimonies describe RSF fighters conducting house-to-house operations, asking civilians their tribal affiliation and executing those from non-Arab groups, particularly Fur, Masalit, and Zaghawa populations. The ICC documented perpetrator-filmed videos showing fighters celebrating executions and desecrating corpses, providing unusually robust evidence of intent.

Legal framework, implications

The ICC's jurisdiction stems from UN Security Council Resolution 1593, adopted in 2005, which referred Darfur crimes to the Court despite Sudan not being a Rome Statute party. Khan confirmed that the October 2025 investigation builds on two decades of continuous evidence collection infrastructure in Darfur.

Under Article 7 of the Rome Statute, crimes against humanity require proof of widespread or systematic attacks against civilian populations with knowledge of the attack. The ICC assessment concluded that RSF actions satisfied legal elements across multiple categories: murder and extermination, persecution on racial and ethnic grounds, rape as a weapon of war, forcible transfer of populations, and severe deprivation of liberty through ransom-based detention systems.

However, enforcement remains the critical challenge. Four arrest warrants from earlier Darfur crimes, including ousted President Omar al-Bashir, remain unexecuted, and the ICC lacks independent arrest authority, depending entirely on state cooperation.

Humanitarian crisis deepens

By mid-November 2025, approximately 90,000 people had fled El Fasher to overcrowded displacement camps in nearby Tawila, where they encountered unsuitable conditions and depleted resources. The World Food Programme confirmed Sudan faces the world's largest hunger crisis, with 21.2 million people experiencing acute food insecurity, yet operations face a $700 million funding gap through June 2026.

The ICC's Office of the Prosecutor announced immediate steps to preserve evidence for future prosecutions, though no new arrest warrants have been issued for El Fasher crimes.