ICC: There are grounds to believe Sudan’s warring sides are committing crimes in Darfur (Edith Lederer)

NOTE from Sudan Watch Editor: A 2-week deadline set by IGAD for Messrs Burhan and Hemeti to meet has passed. It is easy to understand why Gen Burhan has refused meetings. Even if Hemeti agrees to make his fighters leave Khartoum, he and his words cannot be trusted. He should be jailed. Meanwhile: ICC prosecutor says there are grounds to believe Sudan’s warring sides are committing crimes in Darfur; Sudan leaves regional bloc IGAD over attempt to end war; The US offers reward for arrest of ex-minister accused of Darfur war crimes. More in three reports here below.

 

From Associated Press (AP)
BY EDITH M. LEDERER
Updated 12:02 AM GMT, January 30, 2024 - here is a copy in full:

ICC prosecutor: There are grounds to believe Sudan’s warring sides are committing crimes in Darfur

UNITED NATIONS (AP) — The International Criminal Court’s prosecutor told the U.N. Security Council Monday his “clear finding” is that there are grounds to believe both Sudan’s armed forces and paramilitary rivals are committing crimes in the western Darfur region during the country’s current conflict.

Karim Khan, who recently visited neighboring Chad where tens of thousands of people from Darfur have fled, warned that those he met in refugee camps fear Darfur will become “the forgotten atrocity.” He urged Sudan’s government to provide his investigators with multiple-entry visas and respond to 35 requests for assistance.

Sudan plunged into chaos last April when long-simmering tensions between the military, led by Gen. Abdel Fattah Burhan, and the Rapid Support Forces paramilitary, commanded by Mohammed Hamdan Dagalo, erupted into street battles in the capital, Khartoum, and other areas.

Darfur, which was wracked by bloodshed and atrocities in 2003, has been an epicenter of the current conflict, an arena of ethnic violence where paramilitary troops and allied Arab militias have been attacking African ethnic groups.

The fighting has displaced over 7 million people and killed 12,000, according to the United Nations. Local doctors’ groups and activists say the true death toll is far higher.

In 2005, the Security Council referred the situation in Darfur to the ICC, and prosecutor Khan has said the court still has a mandate under that resolution to investigate crimes in the vast region.

He told the council: “Based on the work of my office, it’s my clear finding, my clear assessment, that there are grounds to believe that presently Rome Statute crimes are being committed in Darfur by both the Sudanese armed forces and the Rapid Support Forces and affiliated groups.”

The Rome Statute established the ICC in 2002 to investigate the world’s worst atrocities — war crimes, crimes against humanity and genocide — and the crime of aggression.

In Darfur, Khan warned, the world is confronted with “an ugly and inescapable truth” relating back to the original conflict.

“The failure of the international community to execute the warrants that have been issued by independent judges of the ICC has invigorated the climate of impunity and the outbreak of violence that commenced in April that continues today,” he said.

“Without justice for past atrocities, the inescapable truth is that we condemn the current generation, and if we do nothing now, we condemn future generations to suffering the same fate,” Khan said.

Sudan’s U.N. Ambassador Al-Harith Mohamed countered that the government has cooperated with the prosecutor’s office and is waiting for a visit from him. He accused the ICC of not taking into consideration its “strategic engagement and the operational realities on the ground.”

Mohamed called the Rapid Support Forces a “militia” and accused it of committing wide-scale, systematic attacks which aim “to force ethnic cleansing and identity killing” of Darfur’s Masalit ethnic community. He said it’s up to the prosecutor to determine if this amounts to genocide.

The Sudanese ambassador said the armed forces don’t call for war but are compelled to defend the country, stressing that soldiers spare no effort to minimize collateral damage and comply with the laws of war including proportionality.

The 2003 Darfur conflict began when rebels from the territory’s ethnic sub-Saharan African community launched an insurgency accusing the Arab-dominated government in Khartoum of discrimination and neglect.

The government, under then President Omar al-Bashir, responded with aerial bombings and unleashed local nomadic Arab militias known as the Janjaweed, who are accused of mass killings and rapes. Up to 300,000 people were killed and 2.7 million were driven from their homes.

Khan told the council Monday it was “quite stunning” in visiting different refugee camps in Chad that people who lived through the Darfur confllict from 2003 told him spontaneously that what is happening today “is the worst ever.”

“And they’re very grateful to the council for casting a lifeboat on the high seas for them to clamber aboard,” the prosecutor said. “They want justice and they see the ICC is a very important vehicle to ensure that they’re not forgotten, or they drown unseen and unheard.”

Last April, the first ICC trial to deal with atrocities by Sudanese government-backed forces in Darfur began in The Hague, Netherlands. The defendant, Janjaweed leader Ali Muhammad Ali Abd–Al-Rahman, also known as Ali Kushayb, pleaded innocent to all 31 charges of war crimes and crimes against humanity.

Khan urged the parties to the ongoing conflict to respond “meaningfully” to requests for assistance from Abd-Al-Rahman’s defense team.

The prosecutor said he was pleased to report to the council that there has been “progress” in the ICC cases against former president al-Bashir and two senior government security officials during the 2003 Darfur conflict, Abdel-Rahim Muhammad Hussein and Ahmed Haroun.

“We’ve received evidence that further strengthens those particular cases,” Khan said. The three have never been turned over to the ICC, and their whereabouts during the current conflict in Sudan remain unknown.

View original: https://apnews.com/article/un-icc-sudan-military-paramilitary-darfur-crimes-a782e1376ab91a2f7b9dcbd276d379f9

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Related

Report at BBC News UK

Dated 20 January 2024

Igad: Sudan leaves regional bloc over attempt to end war

Sudan is suspending its membership of north-east African bloc Igad over an attempt to mediate the brutal conflict in the country. Igad has been trying to end the nine month-long war between Sudan's army and rival paramilitary group the Rapid Support Forces (RSF). On Thursday Sudan's government criticised Igad for inviting the RSF's chief to a summit.

Full story: https://www.bbc.co.uk/news/world-africa-68041134

Report at Sudan Tribune

Dated 29 January 2024

U.S. offers reward for arrest of ex-minister accused of Darfur war crimes

The United States Department of State has announced a reward of up to $5 million for information leading to the arrest of Sudan’s former Minister of State for the Interior, Ahmad Mohammad Harun, who is accused of war crimes and crimes against humanity in Darfur. The State Department’s designation of Harun under the War Crimes Rewards Program is a significant step towards bringing him to justice for his alleged crimes. The program has a proven track record of success, having helped to bring over 20 war criminals to justice. Harun, who has been wanted by the International Criminal Court (ICC) since 2007, is accused of mobilizing, funding, and arming the Janjaweed militia, a notorious group responsible for widespread atrocities in Darfur.

Full story: https://sudantribune.com/article281808/

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UK is sending Darfur Sudan war crimes evidence to UN Security Council, UN Human Rights Council & ICC

UK is penholder on Sudan file at UN Security Council. The ICC launched a new investigation into alleged war crimes in Sudan in July with ICC chief prosecutor Karim Khan saying “we are in the midst of a human catastrophe”.

Read more in a report at the Guardian

By Patrick Wintour Diplomatic Editor
Dated Tue 22 Aug 2023 17.25 BST; Last modified 17.59 BST - full copy:

War crimes being committed in Darfur, says UK minister Andrew Mitchell

Africa minister says civilian death toll horrific and UK is to send evidence to UN

Sudanese people fleeing the conflict in Darfur cross the border between Sudan and Chad in Adre. Photograph: Zohra Bensemra/Reuters

War crimes and atrocities against civilians are being committed in Darfur, western Sudan, the UK’s Africa minister Andrew Mitchell said on Tuesday, becoming one of the first western officials to identify that the fighting in Sudan has developed into more than a power struggle between two rival factions.

Mitchell said there was growing evidence of serious atrocities being committed, describing the civilian death toll as horrific in a statement released by the Foreign Office. “Reports of deliberate targeting and mass displacement of the Masalit community in Darfur are particularly shocking and abhorrent. Intentional directing of attacks at the civilian population is a war crime.”

He added the UK would do all it could to assemble credible evidence to present to the UN security council, the UN Human Rights Council and the international criminal court.

There had been an expectation that the US would have explicitly joined the UK in making a formal atrocity determination, but so far the State Department has held off, partly because the US does not want to jeopardise talks in Jeddah, Saudi Arabia, designed to end the civil war between Sudanese Armed Forces and the independent Rapid Support Forces (RSF).

Observers claim the larger power struggle that broke out in April, with fighting in the Sudanese capital, Khartoum, has provided cover for RSF allied forces to undertake ethnic cleansing in west Darfur, reviving memories of the genocide committed in Darfur 20 years ago.

The attacks on the Masalit and other ethnic communities are led by the Janjaweed militias allied with the RSF. The RSF is commanded by Mohammed Hamdan Dagalo.

More than 300,000 Sudanese nationals have crossed the border into neighbouring Chad since the conflict broke out, according to the UN’s migratory agency.

Africa minister Andrew Mitchell is one of the first western officials to identify that the fighting in Sudan is more than a struggle between two factions. Photograph: Dan Kitwood/Getty Images Photograph: Dan Kitwood/Getty Images

Kate Ferguson, co-executive director of the human rights NGO Protection Approaches, welcomed Mitchell’s statement saying: “He is absolutely right to condemn not only the armed conflict between the SAF and RSF which is devastating Sudan but also to highlight the deliberate targeting and mass displacement of non-Arab communities in Darfur.

“These two related but distinct trajectories of violence require related but distinct solutions; this reality must be a cornerstone for the UK government and the entire international system in the pursuit of peace in Sudan.

The Saudi peace talks rely on progress being made between different bad faith actors over which Riyadh seems to have little leverage. Others say the true external players in Sudan are Egypt and the United Arab Emirates, which are closely linked to the SAF and RSF respectively.

The ICC launched a new investigation into alleged war crimes in Sudan in July with ICC chief prosecutor Karim Khan saying “we are in the midst of a human catastrophe”.

The UK has imposed sanctions on businesses linked to the RSF and the Sudanese Armed Forces in an effort to register its disapproval.

View original: https://www.theguardian.com/world/2023/aug/22/war-crimes-being-committed-in-darfur-says-uk-minister-andrew-mitchell

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UNITAMS: Situation in Darfur, Sudan 3 Aug 2023

UNITAMS is gravely concerned about the severe impact of the fighting between the Rapid Support Forces (RSF) supported by Arab militias and the Sudanese Armed Forces (SAF) on civilians in the Darfur region.
More in this statement 👇https://t.co/JmlGFKEoFN pic.twitter.com/2nUd8FF0ud

— UN Integrated Transition Assistance Mission Sudan (@UNITAMS) August 3, 2023

HERE is a copy of above tweet by UN Integrated Transition Assistance Mission Sudan (@UNITAMS) August 3, 2023 incase the tweet disappears:

UNITAMS is gravely concerned about the severe impact of the fighting between the Rapid Support Forces (RSF) supported by Arab militias and the Sudanese Armed Forces (SAF) on civilians in the Darfur region. More in this statement.

3 Aug 2023 STATEMENT BY UNITAMS ON THE SITUATION IN DARFUR

The United Nations Integrated Transition Assistance Mission in Sudan (UNITAMS) is gravely concerned about the severe impact of the fighting between the Rapid Support Forces (RSF) supported by Arab militias and the Sudanese Armed Forces (SAF) on civilians in the Darfur region. 

UNITAMS strongly condemns the indiscriminate targeting of civilian populations and public facilities by the RSF and allied militias, particularly in the locality of Sirba, 45 kilometers north of El Geneina in West Darfur, from 24 to 26 July 2023. The Mission is also concerned by similar incidents in Nyala, South Darfur, and Zalingei, Central Darfur.

“I am alarmed by reports indicating that civilians are being prevented from leaving for safer areas, resulting in numerous casualties. These reports are reminiscent of the violations committed in El Geneina, West Darfur, last June”, says Volker Perthes, Special Representative of the Secretary-General and Head of UNITAMS.

“We are documenting all the violations and I recall that these heinous acts are serious violations of the human rights of civilians and may constitute war crimes under international law. I remind all parties involved to uphold their obligations under international humanitarian law and international human rights law to ensure the safety and protection of all civilians”, adds Perthes.

UNITAMS urges all forces engaged in hostilities to cease their military operations immediately and call on them to resume the Jeddah-facilitated talks and reaffirms its commitment to support and facilitate efforts towards a peaceful resolution of the conflict throughout Sudan. 

“We stand in solidarity with the people of Darfur and remain dedicated to achieving lasting peace and stability in the region”, concludes Perthes. 

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Statement on the Situation in Sudan by the SRSG for Sudan and Head of UNITAMS, Dr Volker Perthes

NOTE, the following statement makes it easy to see why Sudan's junta wants the SRSG and Head of UNITAMS, Dr Volker Perthes, to be replaced and expelled from Sudan for honestly assessing the situation in Sudan. Ethnic cleansing and the Arabisation of Sudan for its riches continues.

Report at UNITAMS - unitams.unmissions.org

Dated Tuesday 13 June 2023 - full copy:

STATEMENT BY THE SPECIAL REPRESENTATIVE OF THE SECRETARY-GENERAL FOR SUDAN AND HEAD OF THE UNITED NATIONS INTEGRATED TRANSITION ASSISTANCE MISSION IN SUDAN (UNITAMS), MR. VOLKER PERTHES, ON THE SITUATION IN SUDAN

Since the eruption of conflict between the Sudanese Armed Forces and Rapid Support Forces on 15 April 2023, the security, human rights and humanitarian situation continue to rapidly deteriorate across the country, particularly in the greater Khartoum, Darfur and Kordofan areas. 

 

While the United Nations is at this stage unable to verify all alleged violations of human rights and international humanitarian law, information received from multiple civil society entities and human rights defenders’ networks, paint a clear picture of the devastating scale of impact on the civilian population.

 

In addition to the killing and injury of thousands of civilians, communities continue to grapple with severe shortages of food, access to medical supplies and restricted movement out of conflict areas. Hundreds of thousands have been displaced, including populations that had already been displaced following decades of conflict. Allegations of sexual violence against women and girls are deeply alarming.

 

As the situation in Darfur continues to deteriorate, I am particularly alarmed by the situation in El Geneina (West Darfur) following various waves of violence since late April which took on ethnic dimensions. While the United Nations continues to gather additional details regarding these reports, there is an emerging pattern of large-scale targeted attacks against civilians based on their ethnic identities, allegedly committed by Arab militias and some armed men in Rapid Support Force (RSF)’s uniform. These reports are deeply worrying and, if verified, could amount to crimes against humanity.

 

The United Nations condemns in the strongest terms all attacks against civilians and civilian infrastructure, whatever the form and whoever the alleged perpetrators are. It is imperative that security forces and non-state armed actors uphold their duty under international humanitarian law to respect the right to life and refrain from attacks against civilians.

 

While I am encouraged that in some areas, local communities and state authorities have taken proactive measures to help de-escalate and mediate, it is important to ensure that all violations are documented and protected for accountability purposes. UNITAMS will continue its efforts to monitor the situation and avail its resources to engage with all parties to reach a peaceful resolution to the conflict, in coordination with regional and international partners.

View original: 

https://unitams.unmissions.org/en/statement-special-representative-secretary-general-sudan-and-head-united-nations-integrated

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MSF says Sudan healthcare situation is dire. BBC says attacks on hospitals and staff are potential war crimes

ONLY A HANDFUL of the 88 hospitals in Sudan's capital, Khartoum, remain open after weeks of fighting, according to Sudan's Doctors Union. Both sides in Sudan's conflict could be carrying out war crimes on medical facilities and staff, according to evidence seen by BBC News Arabic. Read more.

⚠️Humanitarian operations in many parts of the country may grind to a halt⚠️

Looting and attacks on healthcare facilities and warehouses have reduced our stock significantly.

We call all conflict parties to ensure humanitarian access and allow us to assist the Sudanese people. pic.twitter.com/acpBrpqNyC

— MSF Sudan (@MSF_Sudan) May 26, 2023

Report at BBC News

Dated Friday 26 May 2023 - excerpt:

Sudan conflict: Hospital attacks potential war crimes, BBC told

Both sides in Sudan's conflict could be carrying out war crimes on medical facilities and staff, according to evidence seen by BBC News Arabic.

Hospitals have been hit by airstrikes and artillery fire while patients were still in the building and doctors have also been singled out for attack - all of which are potential war crimes. 

Only a handful of the 88 hospitals in the capital, Khartoum, remain open after weeks of fighting, according to Sudan's Doctors Union.

Full story: https://www.bbc.co.uk/news/world-africa-65718968

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IGAD: Burhan and Hemeti will be held accountable

Report from radiotamazuj.org

Dated Wednesday 17 May 2023 - full copy:

IGAD says belligerent Sudanese generals will be held accountable

IGAD’Executive Secretary Dr. Workneh Gebeyehu (L) and South Sudanese Acting Foreign Minister Deng Dau (R) addressing the press in Juba. (Photo: Radio Tamazuj)

(JUBA CITY) - The regional bloc, Intergovernmental Authority on Development (IGAD), on Wednesday, warned that the warring rival generals superintending the fighting in Sudan will be held responsible for ensuring crimes.

Clashes erupted on 15 April in the Sudanese capital Khartoum and other parts of the country between Sudanese Armed Forces (SAF) loyal to Gen. Abdel Fataah al-Burhan who is also the country’s de facto leader and his deputy in the sovereign council and leader of the Rapid Support Forces, Gen. Mohamed Hamdan Dagalo as a result of a power struggle.

The warning follows talks in Juba between Dr. Workneh Gebeyehu, IGAD’s Executive Secretary, and South Sudan President Salva Kiir Mayardit on Wednesday.

Addressing a press conference at the Juba State House after the talks, Dr. Gebeyehu said the warring parties in Sudan will be held accountable.

“We are working with the International community, United Nations Security Council and African Union, and IGAD as a regional organization that clearly says that all parties are responsible for any atrocities which are going to happen in that country,” he said.

He said history will judge the leaders unless they stop the fighting.

“Also, we stress that they have the responsibility as a citizen of that country and as leaders of that country,” Dr. Gebeyehu said. “History will judge that tomorrow unless otherwise, they decided today to stop this thing. We are working in terms of accountability while we are pushing to bring these parties to the table of discussion.”

Meanwhile, South Sudan's Acting Minister of Foreign Affairs Deng Dayu Dend said IGAD is ready to position all the efforts of its member states to help Sudan end the conflict.

“IGAD is very focused on the issue of cessation of hostilities, on the issue of stopping the current situation in Khartoum and other places and IGAD is ready to position all the efforts of IGAD countries to help this member state,” he said. “This is why the IGAD’s executive secretary has to come personally to meet with His Excellency President Salva Kiir Mayardit.”

In a virtual meeting held on April 16, the IGAD heads of state decided to send the presidents of South Sudan, Kenya, and Djibouti to Khartoum to engage the two belligerent leaders to resume talks about security and military reforms in Sudan.

View original: https://radiotamazuj.org/en/news/article/igad-says-belligerent-sudanese-generals-will-be-held-accountable

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Sudan: Worshippers hurt in Khartoum church attack

Report from The Barron's Daily

By AFP - Agence France Presse

Dated Sunday 14 May 2023 - full copy:

Worshippers Hurt In Sudan Church Attack, Combatants Say

Christian worshippers were attacked in a Khartoum-area Coptic church during mass on Sunday, both warring sides claimed, blaming each other for the attack.

The Sudanese military, under army chief Abdel Fattah al-Burhan, said in a statement that paramilitary forces "fired bullets at Christian worshippers" at the Mar Girgis (St George) Church in Omdurman, the capital's twin city.

Burhan's forces have been fighting since April 15 with his former deputy, Mohamed Hamdan Daglo, who commands the heavily armed paramilitary Rapid Support Forces (RSF).

The RSF blamed the army for the attack, which "caused serious injuries among worshippers", it said in a statement which condemned "misleading campaigns targeting our forces".

Fighting has disrupted Sudan's communication links, and Mar Girgis church could not be reached for comment.

The warring generals have traded heavy gunfire, air strikes and anti-aircraft fire in densely-populated Khartoum and other parts of Sudan since they fell out in a power struggle.

Hundreds of people have been killed, thousands wounded and nearly a million displaced by the fighting.

Representatives of both generals, meeting in Saudi Arabia, had pledged on Thursday to honour international humanitarian law.

The agreement brokered by Saudi and US mediators does not amount to a truce but provides for the safe passage of urgent humanitarian aid and commits to the protection of civilians in the fighting.

Sudan's Christians suffered decades of persecution under Islamist general Omar al-Bashir's regime, several high-ranking officials of which returned to power following a coup by Burhan and Daglo in 2021.

Their putsch derailed a transition to democracy after the fall of Bashir in 2019.

Government figures say Christians represent only three percent of Sudan's population, although Christian leaders say the real figure is much higher. bur/it

The Barron's news department was not involved in the creation of the content above. This story was produced by AFP. For more information go to AFP.com. © Agence France-Presse

View source: https://www.barrons.com/news/worshippers-hurt-in-sudan-church-attack-combatants-say-c8b018ea

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UN Rights Council votes to strengthen monitoring of abuses in Sudan

Report from IBT

By Nina LARSON, AFP

Dated Thursday 11 May 2023 AT 11:51 AM EDT - full copy:

UN Rights Council Votes To Strengthen Monitoring Of Abuses In Sudan

The UN Human Rights Council held a special session on the situation in Sudan AFP

The United Nations top rights body narrowly decided Thursday to beef up monitoring of abuses amid Sudan's spiralling conflict, despite vehement opposition from Khartoum.

The UN Human Rights Council's 47 members voted with 18 in favour, 15 opposed and 14 abstaining for a resolution calling for an end to the violence and strengthening the mandate of a UN expert on Sudan.

The resolution was adopted during a special council session, called following a request by Britain, Germany, Norway and the United States, and with the support of dozens of countries, to urgently address the violence that erupted in Sudan on April 15.

The tight vote came after Arab countries and others, including China, called for countries to oppose the resolution, maintaining it infringed upon Sudan's sovereignty, and African countries urged finding "African solutions to African problems".

But backers of the text insisted it was vital for the council to act swiftly.

"This is a really important day" British ambassador Simon Manley told AFP, hailing the council for its "vote for peace."

Nearly a month into Sudan's bloody conflict, civilians are still trying to flee, boarding evacuation planes with just a few belongings and leaving behind their homes, relatives and lives.

More than 750 people have been killed and hundreds of thousands have been displaced in the fighting that began on April 15 between army chief Abdel Fattah al-Burhan and his former deputy Mohamed Hamdan Daglo, who commands the paramilitary Rapid Support Forces (RSF).

The fighting has plunged "this much-suffering country into catastrophe", United Nations High Commissioner for Human Rights Volker Turk said at the start of the one-day session.

Decrying "the wanton violence", he called on "all states with influence in the region to encourage, by all possible means, the resolution of this crisis".

Thursday's council session in Geneva was called to urgently address a situation that everyone present agreed was dire.

But the mandate adopted was not very strong.

It called "for an immediate cessation of violence by all parties, without pre-conditions", but refrained from ordering any new investigation into abuses.

Instead, it ordered the existing Special Rapporteur on the rights situation in Sudan to provide "detailed monitoring and documentation of... all allegations of human rights violations and abuses since the 25 October 2021, including those arising directly from the current conflict", and to report his findings to the council.

Even with such a weak text, it barely squeaked past.

Sudan's ambassador Hassan Hamid Hassan vehemently opposed the special session and the resolution, insisting to the council that "what is happening in Sudan is an internal affair" and cautioning the session could distract from efforts to achieve a lasting ceasefire.

Without Sudan's blessing, other African and Arab countries said they would not be able to support the resolution, while some other countries also expressed opposition.

"The international community should respect Sudan's sovereignty and ownership of internal affairs," China's ambassador Chen Xu said.

Critics also charged that there had been no need to rush to hold a special session when the rights council's next regular session is only weeks away.

But US ambassador Michele Taylor insisted that "the devastating human rights and humanitarian conflict in Sudan over the past four weeks is truly heart-wrenching."

"We needed to act with urgency because of the enormous gravity and suffering of the people of Sudan today."

View original: https://www.ibtimes.com/un-rights-council-votes-strenthen-monitoring-abuses-sudan-3692661

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