Ali Kushayb is believed to have been born in 1957. His father is from the Taisha tribe from west Darfur and his mother comes from southern Sudan. He was one of the most important militia leaders in the whole Wadi Salih area to the west of Darfur.
In this position, Ali Kushayb had control over the northern regions of Garsila and Deleig, to the south over the town of Mukjar as far as the border with Chad and to the west over the region of Kass up to Shattaya.
At the time of the events referred to in the indictment, Kushayb was said to be the Commander of thousands of Janjaweed militiamen. In the militia command structure, he had the rank of “Aqid al Oqada” (colonel of colonels) and was also known as the “Emir des Moudjahidine” or, in other words, as “Chief of the Religious Combatants”.
On or about August 2003, Kushayb was formally given a position in the army and always introduced himself to other military personnel as a member of the Popular Defence Forces (paramilitary reserve units of the army, generally described as militia units having had military training)
According to the material produced as evidence by the prosecution, Ali Kushayb issued orders to the Janjaweed militia and to the army to carry out numerous criminal acts against the civilian population, including mass rape and other sexual brutality, inhumane treatment, murder, looting of houses and marketplaces and forced transfer of people.
The crimes invoked in the indictment were allegedly committed between August 2003 and March 2004 during attacks against four towns and villages, namely Kodoom, Bindisi, Mukjar and Arawala (in the west of Darfur).
The Darfur conflict has been going on since 2003. According to UN-sources, at least 200’000 people have been killed and more than 2 million are thought to have been displaced.
The crimes investigated by the Prosecutor took place during attacks on the towns and villages of Kodoom, Bindisi, Mukjar and Arawala in West Darfur between August 2003 and March 2004.
On 31 March 2005, the United Nations Security Council adopted Resolution 1593, whereby it deferred the Darfur situation to the Chief Prosecutor of the International Criminal Court (ICC) based on Article 13 let.b of the Rome Statute of the ICC.