Addressing the United Nations Security Council, ICC Deputy Prosecutor Nazhat Shameem Khan said the assessment was based on video, audio and satellite data gathered 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.

"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 for the court.

She described it as "the first conviction resulting from a referral by the Security Council to the court" and the first secured on grounds of gender-based persecution.

Meanwhile, Khan said investigations continued to face obstacles due to limited access and concerns over witness safety.

She added that cooperation with African states and Sudanese authorities had improved, including through missions to Port Sudan.

"The systematic and effective investigation of these crimes will remain a key priority in the coming period," she said.

Separately, Khan said she was unable to brief the Security Council in person after the United States denied her 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.

Under the UN Headquarters Agreement, the host country, the United States, is required to issue visas to officials on UN business regardless of diplomatic relations.

Many Security Council members expressed support for Khan and regret over the visa denial.

However, US Deputy Envoy Jeff Bartos criticized the invitation extended to Khan and warned of further action against the ICC.

"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," he said.

"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," Bartos said.

"We will not tolerate a court that seeks to undermine US sovereignty, and we have been taking appropriate actions to safeguard our interests."

He added 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."