Transitional Government of Peace submits Domaya market complaint to Fact-Finding Mission and ICC Prosecutor

The Transitional Government of Peace has submitted complaints concerning a reported drone strike on Domaya market in Nyala, South Darfur, on Monday 26 October 2026 at 8pm Sudan time, according to documents submitted by its Ministry of Foreign Affairs and International Cooperation.

The complaints were submitted to the Independent International Fact-Finding Mission for Sudan, through the United Nations High Commissioner for Human Rights, and to the Office of the Prosecutor of the International Criminal Court, for assessment within the Darfur situation.

According to the submitting party, the strike hit Domaya market in Domaya neighbourhood, Nyala, during peak hours, when large numbers of civilians were present. The submitting party states that the market is a civilian commercial market, and that the targeted location was free of military points or sites at the time of the attack.

The preliminary reported toll given in the complaints is 102 people killed and 113 injured. The submitting party says the victims were civilians, and requests that their identities and injuries be documented through medical records, death documents, and witness statements, with duplication excluded and the toll updated as verification continues.

The submitting party attributes the attack to a drone said to belong to the Sudanese Armed Forces led by Abdel Fattah al-Burhan, and requests independent verification of that attribution, including the drone operators, participating units, operating locations, and those responsible for target selection, issuing orders, and execution. It also requests examination of the possible responsibility of al-Burhan and other leaders, on the basis of their roles, effective control, knowledge, and measures taken or not taken to prevent, suppress, or refer alleged crimes, and states that criminal responsibility is not to be assumed from office alone.

The complaints ask that the incident be examined as a possible war crime, including the intentional directing of an attack against civilians or civilian individuals not directly participating in hostilities, and killing or cruel treatment, under the Rome Statute, if the elements of each crime and its connection to a non-international armed conflict are established. They also ask that killing and other inhumane acts be examined as possible crimes against humanity, if established as part of a widespread or systematic attack against a civilian population, pursuant to a state or organisational policy, and with knowledge of the attack.

The submitting party also states that the market lies in an area under the control of the Transitional Government of Peace, and links the attack, in its view, to a repeated pattern of targeting civilians and markets in areas under its control. It requests that any such pattern, and any alleged purpose of spreading panic and disrupting civilian life and livelihoods, be investigated on the basis of specific evidence, and not inferred from fear or damage alone.

The requests made in the complaints include registration and assessment of the information, collection and preservation of evidence, examination of attribution and individual and command responsibility, examination of the nature of the target, intent, knowledge, and circumstances of execution, and assessment of any connection with other documented attacks on civilians and markets.

The complaints further request that the data of victims, witnesses, and sources be treated confidentially, that identifying data be separated from circulated copies, and that the risk of retaliation be assessed before any source is contacted or its information shared. They state that original digital materials are to be preserved without alteration, with their sources and dates of receipt documented.