ICC Trial Chamber terminates the proceedings in the case against Mr Banda

On 23 July 2026, Trial Chamber IV of the International Criminal Court (ICC) terminated the proceedings against Abdallah Banda Abakaer Nourain and thereby vacated the arrest warrant against him. 

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. 

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  ‘proceeding 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’s ultimate obligation to ensure a fair and efficient trial’. Therefore, while deploring the position taken by the Prosecution, to avert an injustice, the Chamber reconsidered its previous decision and authorised the Prosecution’s 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.

To ensure transparency and the publicity of the proceedings, the Chamber (i) 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. 

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

Decision terminating the proceedings

Background: Abdallah Banda faced three charges of war crimes (violence to life in the form of murder, whether committed or attempted; intentionally directing attacks against personnel, installations, material, units or vehicles involved in a peacekeeping mission; and pillaging). These crimes were allegedly committed in an attack carried out on 29 September 2007, against African Union Peacekeeping Mission in Sudan, at the Haskanita Military Group Site, in the Umm Kadada locality of North Darfur, Sudan.

On 7 March 2011, judges of Pre-Trial Chamber I confirmed the charges of war crimes brought by the ICC's Prosecutor against Abdallah Banda and committed him to trial. Though Mr Banda appeared voluntarily before the ICC during the Pre-Trial stage of his case, on 11 September 2014, the Trial Chamber judges issued an arrest warrant to ensure his presence at trial. Since the issuance of the arrest warrant, Mr Banda has remained at large. 

While the Banda case initially also involved Saleh Mohammed Jerbo Jamus, Trial Chamber IV terminated the proceedings against him on 4 October 2013, upon receiving evidence pointing towards his death.