African Centre for Justice and Peace Studies ACJPS | المركز الافريقي لدراسات العدالة و السلام
(26 June, 2023) The African Centre for Justice and Peace Studies (ACJPS) is deeply concerned about the ongoing Sudan War and the widespread perpetration of war crimes and crimes against humanity. We hereby appeal for the activation and strengthening of accountability mechanisms at the national, regional, and international levels. It is imperative that these mechanisms be utilized to ensure justice, promote reconciliation, and deter future atrocities. The Sudan War has caused immense suffering, loss of innocent lives, and widespread human rights violations. It is our collective responsibility to seek justice and hold perpetrators accountable for their heinous actions. This Op-ed investigates the accountability mechanisms available at the national, regional (African Union and Arab League), international levels and the Pact on Security, Stability, and Development for the Great Lakes Region (ICGLR).
Sudan has a history of internal conflicts and political instability. The current armed conflict between the SAF and the RSF is a result of long-standing ethnic, religious, and political tensions within Sudan, particularly in the Sudanese capital of Khartoum and marginalized areas of Darfur, the Blue Nile, and South Kordofan. The conflict arose as a result of a power struggle within Sudan’s government. Historically, the SAF has been Sudan’s main military force, whereas the RSF began as a government-backed militia primarily focused on counterinsurgency operations in Darfur. The RSF rose to prominence due to their role in the Darfur conflict, where they were accused of war crimes and human rights violations.
Following the signing of a Political Framework Agreement between the ruling military authorities and 52 political and civilian leaders on 5 December 2022, high levels of tension re-emerged between the Chairman of the Sovereign Council, General Abdel Fattah al-Burhan, and his deputy, General Mohammed Hamdan Dagalo, regarding the issue of security reform. Negotiations on how to integrate the paramilitary RSF, commanded by General Dagalo, into the SAF led by General Al Burhan eventually led to clashes. The main reason behind the clashes was the lack of agreement on who would exercise ultimate control over the combatants.
On April 13, 2023, the SAF noted uncoordinated redeployments of RSF units towards critical infrastructure and buildings in Khartoum and other parts of the country. This illegal move was considered risky by the military government, as it could lead to confrontations between the army and the RSF. On 15th April 2023, the RSF issued a statement claiming control of the presidential palace and Khartoum International Airport, among other key locations. Since then, there have been clashes between the RSF and the SAF in several states. General al Burhan issued a Decree dissolving the RSF and declaring it a rebel group. On 19 May 2023, he dismissed General Dagalo from his position as his deputy and replaced him with Mr. Malik Agar, the leader of the Sudan People’s Liberation Movement-North.
Ceasefire agreements, including those initiated by local leaders, have not been honored. On 2 May 2023, both the RSF and SAF agreed to a seven-day ceasefire starting 4th May 2023. However, by 7 May 2023, air raids and fighting continued in the capital of Khartoum, where warplanes and explosions were heard overnight. On 5 May 2023, a delegation from both the SAF and RSF met in the city of Jeddah in Saudi Arabia for ceasefire discussions as part of a joint initiative by Saudi Arabian and United States authorities. On 11 May 2023, both the SAF and RSF signed a Commitment Declaration in Jeddah to ensure the protection of civilians, including by allowing safe passage for civilians. The Declaration, however, was merely an affirmation of their obligations under international humanitarian law, particularly regarding the treatment of civilians and the need to create space for humanitarians to operate. Ceasefire negotiations continued as of 12 May 2023.
On 20 May 2023, representatives of the RSF and SAF signed a seven-day short-term humanitarian ceasefire agreement in Jeddah, to take effect forty-eight (48) hours after its entry into force. Mediated by the United States and Saudi Arabian authorities, the agreement reaffirmed the principles and commitments established in the Jeddah Commitment Declaration to Protect the Civilians of Sudan. The seven-day ceasefire ended on 29 May 2023 but was extended for an additional five days.
However, on 31 May 2023, the ceasefire facilitators suspended the Jeddah process aimed at ending the armed conflict, citing serious violations committed by the warring parties. The suspension was reportedly prompted by persistent and significant violations of the ceasefire agreement that hindered the delivery of humanitarian assistance and the restoration of essential services, which were the main objectives of the short-term ceasefire. The suspension occurred shortly after the United States announced new sanctions against companies and individuals associated with the SAF and the RSF paramilitary group.
Since the armed conflict erupted, several human rights violations have been committed by both warring parties. As of 8 June 2023, according to the Federal Ministry of Health, at least 880 people have been killed, and more than 5,800 others were injured. Over 1.3 million people have been displaced by the conflict since 15 April. The attacks on health facilities, restrictions on movement, lack of medical supplies, and targeting of health workers with arbitrary arrest have severely restricted healthcare. Organizations have also documented violations of freedom of expression and access to information, looting and militarization of private homes of civilians by both parties to the conflict, the assault and/or rape of civilians, and arbitrary arrest and incommunicado detention of activists and volunteers who are helping the wounded. A state of emergency declared in several states raises serious concern over arbitrary arrest and detention, ill-treatment and torture, and violations of the right to a fair trial, which are facilitated by the virtually complete absence of safeguards and judicial oversight.
A disintegrated and war-torn Sudan poses a direct threat to the stability of the Horn, the Great Lakes, North Africa, and the Sahel. The fragile states that surround Sudan are vulnerable to the spread of war in Sudan if a permanent ceasefire and lasting peace are not achieved and mediated as soon as possible. We appeal to the available accountability mechanisms for War Crimes and Crimes against Humanity in the Sudan War: National, Regional, International and the Pact on Security, Stability, and Development for the Great Lakes Region (ICGLR). It is imperative that these mechanisms be utilized to ensure justice, promote reconciliation, and deter future atrocities.
To address this crisis effectively, we propose the following measures:
- The Sudanese government must demonstrate its commitment to justice by establishing a robust and independent domestic accountability mechanism within the country.
- The African Union (AU) and the Arab League should play an active role in supporting accountability efforts for the Sudan War. The AU’s Peace and Security Council should establish a dedicated mechanism to investigate and prosecute individuals responsible for war crimes and crimes against humanity.
- The Arab League should use its diplomatic channels to pressure all parties involved to cooperate with accountability processes and ensure that justice prevails.
- The United Nations (UN) and other relevant international bodies must prioritize the pursuit of justice for the victims of the Sudan War. The UN Security Council should refer the situation in Sudan to the International Criminal Court (ICC) and support the court’s efforts to investigate and prosecute perpetrators.
- The pact may establish a mechanism for resolving conflicts and mediating disputes among different parties. This could involve the appointment of mediators, the creation of peacekeeping forces, or the establishment of conflict resolution institutions.
- Individual states should take action under the principle of universal jurisdiction, enabling them to prosecute individuals responsible for war crimes and crimes against humanity in Sudan, regardless of their nationality or the location of the crimes.
- We also call upon civil society organizations, human rights defenders, and the media to play an active role in documenting and reporting human rights violations in Sudan.
The ongoing armed conflict in Sudan has resulted in numerous war crimes and crimes against humanity, highlighting the urgent need for effective accountability mechanisms. It is crucial to establish mechanisms at the national, regional, international levels and the Pact on Security, Stability, and Development for the Great Lakes Region(ICGLR), to hold perpetrators accountable, ensure justice, and promote peace and stability. This op-ed explores the available accountability mechanisms and proposes measures to strengthen them.
At the national level, Sudan has various laws and legal frameworks addressing accountability for crimes committed during armed conflicts. The Sudanese Criminal Act criminalizes acts such as torture, enforced disappearances, sexual violence, and extrajudicial killings. However, some provisions of this Act have been criticized for not fully complying with international human rights standards. The Transitional Justice Act, enacted in 2020, aims to address past human rights violations and promote reconciliation. It establishes mechanisms such as truth-seeking, reparations, and institutional reforms. However, the effectiveness of these national mechanisms needs to be strengthened, and efforts should be made to ensure fair trials and increase capacity for prosecution and victim assistance.
Regionally, the International Conference on the Great Lakes Region (ICGLR) plays a crucial role in promoting peace, security, and stability. The ICGLR mechanism provides a platform for regional cooperation, sharing best practices, and mediation in addressing war crimes. To maximize its impact, the ICGLR should enhance information sharing and collaboration among member states, strengthen capacity building and technical support, prioritize victim assistance and transitional justice initiatives, and foster international cooperation and coordination. By leveraging the ICGLR mechanism, regional ownership and cooperation can be enhanced to address the complex challenges of war crimes in Sudan.
The African Union (AU) also has a significant role to play in promoting accountability among its member countries. The African Union Peace and Security Council (PSC) should send peacekeeping missions to Sudan, impose sanctions, and make recommendations on accountability and justice reforms. The African Commission on Human and Peoples’ Rights can monitor and investigate human rights violations, produce reports, and make recommendations for accountability mechanisms. The AU should establish Commissions of Inquiry on Sudan to investigate human rights violations and provide recommendations for justice and accountability. Additionally, the establishment of hybrid courts, combining national and international elements, can ensure impartiality and accountability for serious crimes committed during the Sudan Conflict.
Furthermore, the Arab League, as a regional organization, can contribute to accountability efforts in Sudan. The Arab League Council should actively engage in debates and resolutions related to conflicts in Sudan and make recommendations on accountability and justice measures. Arab League peacekeeping operations can help create stability and an environment conducive to justice and accountability initiatives. The Arab Human Rights Committee should monitor human rights situations in Sudan and provide recommendations for their promotion and protection. Mediation and diplomatic initiatives by the Arab League member states can assist in resolving conflicts and promoting accountability.
Internationally, cooperation with organizations such as the United Nations and the International Criminal Court (ICC) is crucial. The ICC can prosecute individuals responsible for war crimes and crimes against humanity in Sudan. Collaborating with international criminal tribunals and partnering with regional and international organizations can enhance the resources, expertise, and political influence available to address war crimes in Sudan.
In conclusion, the war in Sudan demands robust accountability mechanisms at the national, regional, international levels the International Conference on the Great Lakes Region (ICGLR) and Strengthening national laws and institutions
