Sudan ceasefire: SAF and RSF claim violations

Cartoon by Omar Defallah (Radio Dabanga) 

Report at Radio Dabanga

Dated Wednesday 24 May 2023 - excerpt:

Sudan ceasefire: SAF and RSF swap accusations of violations

The army says that it “has notified the sides that have mediated the agreement that the rebel militia has not responded to any of the demands of the ceasefire”.

According to the office of the spokesperson of the SAF, the RSF occupied the currency printing press and currency mint on Tuesday.

The army claims that “out of its national and constitutional responsibility,” it “intervened to repel those continuing violations and expelled the enemy from the currency printing press and currency mint. The armed forces also fought enemy attacks in El Geneina and Zalingei on Wednesday and inflicted heavy losses in troops, weapons, and equipment.”

Full story: https://www.dabangasudan.org/en/all-news/article/sudan-ceasefire-saf-and-rsf-swap-accusations-of-violations

ICC Chief Prosecutor to brief UNSC on Darfur, Sudan

Photo: ICC Prosecutor Mr Karim Asad Ahmad Khan QC. Courtesy of the ICC © ICC-CPI

HERE below is a full copy of a report by What's in Blue dated 28 December 2021 confirming that next month the Chief Prosecutor of the International Criminal Court (ICC) in The Hague, Netherlands, Mr Karim Asad Ahmad Khan, will give his very first briefing to the United Nations Security Council (UNSC) on the ICC's Darfur-related activities.

Note, according to Wikipedia, 51-year-old Scottish-born Mr Karim Asad Ahmad Khan QC (pictured here taking his solemn oath as ICC Prosecutor on 16 June 2021) is a British lawyer and a specialist in international criminal law and international human rights law. 

Following his appointment by United Nations Secretary-General António Guterres, he was, until 2021, an Assistant Secretary-General of the United Nations and served as the Special Adviser and Head of the UN Investigative Team for the Promotion of Accountability for Crimes Committed by Da'esh/ISIL in Iraq, which was established pursuant to Security Council Resolution 2379 to support domestic efforts to hold ISIL accountable for acts that may amount to war crimes, genocide, and crimes against humanity in Iraq.

January 2022 Monthly Forecast

Sudan (Darfur)

Expected Council Action

In January, the Security Council is expected to receive the semi-annual briefing of the ICC Prosecutor on Darfur. Karim Asad Ahmad Khan, who began serving as ICC Prosecutor in mid-June 2021, will provide his first briefing to the Council on the ICC’s Darfur-related activities.

Key Recent Developments 

On 9 June 2021, in her final briefing to the Council as ICC prosecutor, Fatou Bensouda referred to the “constructive dialogue and a good spirit of cooperation” that her office had developed with the transitional government in Sudan. She spoke about her visit to Darfur the previous week and stated: “The clear and consistent message I received from Darfur victims in El Fasher, Nyala and Zalingei is that the four outstanding warrants must be executed and that suspects must be handed over to the ICC.” (ICC arrest warrants remain outstanding against former President Omar Hassan Ahmad Al Bashir, Ahmad Muhammad Harun, Abdel Raheem Muhammad Hussein, and Abdallah Banda Abakaer Nourain.) Bensouda had stressed this same message to government officials at all levels during her visit to the country, she said, and called for Sudan “to fully cooperate with the Office’s investigations, including by providing unhindered access to its territory and to the relevant records, information and materials, as well as the protection of witnesses”.

The ICC’s Pre-Trial Chamber II confirmed charges of war crimes and crimes against humanity against Ali Muhammad Abd-Al-Rahman (also known as Ali Kushayb) on 9 July 2021. Abd-Al-Rahman, reportedly a former Janjaweed militia leader who is alleged to have committed these crimes in Darfur in 2003 and 2004, surrendered in the Central Africa Republic in June 2020. His trial is expected to begin in April 2022.

Khan visited Sudan from 9-13 August 2021, meeting with senior members of the transitional government—including Chairperson of the Transitional Sovereign Council Lieutenant General Abdel Fattah al-Burhan, and Prime Minister Abdalla Hamdok, among others—and civil society representatives.  In a press conference in Khartoum on 12 August, he said that he had “stressed and requested that the Government of Sudan further deepen its cooperation with [his] office”. He further underscored that: “Transfer of any suspect is an important step towards achieving justice but should be preceded and accompanied by substantive and ever deepening cooperation by the Sudanese authorities”.

Also on 12 August, Sudanese Foreign Minister Mariam al-Mahdi reportedly told Sudan state media that Sudan “would hand over wanted officials to the ICC”.  At the time of writing, this had yet to occur.

On 14 December, some seven weeks after the military takeover in Sudan, an ICC delegation met in Khartoum with Malik Agar and Tahir Hajar, two former rebels who now serve on the transitional government’s Sovereign Council. Media sources indicate that the discussion focused on preparations for another visit to Sudan by Khan and the potential handover of former Sudanese officials wanted by the ICC to The Hague.

Sudan has undergone considerable political turmoil in recent months. On 25 October, the Chairperson of the Transitional Sovereign Council, Lieutenant General Abdel Fattah al-Burhan, declared a nationwide state of emergency and the suspension of key provisions of the August 2019 Constitutional Document, including the transfer of the Sovereign Council chair from the military to the civilian government, which was set to take place in November. He also announced that the military would oversee Sudan’s transition until elections, to be held in July 2023. The military detained Prime Minister Abdalla Hamdok and his wife and placed them under house arrest. Government officials, including ministers and civilian members of the Sovereign Council, were also arrested.

On 21 November, Hamdok was released from house arrest, following significant international criticism and mass demonstrations in Sudan against the military takeover, which were met with violence by security forces. Appearing together on television, he and al-Burhan announced a new 14-point power-sharing agreement, including Hamdok’s reinstatement as prime minister, and the release of all political detainees. Under the terms of the agreement, the parties decided to “[a]ccelerate the completion of all transitional governance institutions including the Transitional Legislative Council and the Constitutional Court”, to form “a civilian government of independent national experts (technocrats)”, and to investigate injuries and deaths during the protests following the 25 October military takeover.

The power-sharing agreement has faced opposition in Sudan. Several parties have rejected the agreement, including the main opposition alliance, the Forces for Freedom and Change Coalition (FFC). Large protests against the 25 October military takeover and the subsequent power-sharing agreement erupted in several cities in Sudan, including in the capital, Khartoum, at various times in December.

Key Issues and Options 

An underlying key issue for the Council is how to promote justice and accountability for past atrocities committed in Sudan.  A related issue for the Council is how to support enhanced cooperation between the ICC prosecutor and the government of Sudan.

In addition to receiving Khan’s briefing, Council members supportive of the ICC’s work could consider holding an informal meeting with the prosecutor to facilitate a dialogue on ways in which his office can strengthen its cooperation with the Sudanese government.

They could also hold a joint press stakeout encouraging improved relations between the Sudanese government and the ICC.

Council and Wider Dynamics

The Council is divided on the work of the ICC.  Albania, Brazil, France, Gabon, Ghana, Kenya, Ireland, Mexico, Norway, and the United Kingdom are states party to the Rome Statute of the ICC, while China, India, Russia, the UAE, and the US are not. These distinctions do not necessarily reflect how members view the court’s work on Sudan, however. For example, although not a party to the Rome Statute, the US has long supported the ICC’s efforts with regard to Sudan.

Among the wider membership of the UN, African countries have long expressed concern that the court focuses its work inordinately on Africa.

View original: https://www.securitycouncilreport.org/monthly-forecast/2022-01/sudan-darfur-12.php?

Sudan: Darfur lawyers say Musa Hilal's trial is invalid (Part 18)

‘All activities concerning the resisting and opposing the former regime are legitimate and do not constitute crimes’ –Darfur Bar Association

Article from and by Radio Dabanga.org

Dated Thursday 19 September 2019 - KHARTOUM / DARFUR

Darfur lawyers: ‘Hilal Court Martial invalid - resisting Al Bashkir regime is no crime'

Photo: Former Janjaweed leader Musa Hilal (File photo)

The Darfur Bar Association has described the trial by Court Martial of former Janjaweed leader Musa Hilal and his affiliates as invalid and has no legal ground because the alleged crimes relate to the resisting and opposing the former regime, which are legitimate activities that cannot constitute crimes.

Yesterday, a statement issued by the Darfur Bar Association stated that the trial of Musa Hilal and his affiliates for crimes related to the opposing or resisting the former regime confirms the continuation of the policies of the former regime and its organs, which contradicts the goals of the revolution. Thus it is an insult to the role of the Forces for Freedom and Change and the newly formed government. Further, the Bar Association stressed in its statement that all activities concerning the resisting and opposing the former regime are legitimate and do not constitute crimes.

The military court on Monday [16 Sep] prevented four lawyers assigned by Hilal’s family to defend him, from attending the session held at the general army command in Khartoum.

The trial of Musa Hilal, the leader of Mahamid and the head of the Revolutionary Awakening Council, which was postponed twice in this month, is due to resume on Monday [23 Sep].

The adjourned court sessions were accompanied by demonstrations demanding his release in front of the Military Headquarter in Khartoum and other cities in Darfur, including Mystria, Ed Daein, Zalinge,i and El Geneina.

Crowds gathered on Sunday in front of the army command, as well as in El Geneina, capital of West Darfur.

2017 arrest

Hilal was arrested in a raid on his stronghold in Misteriya, North Darfur, in November 2017. His sons, brothers, and entourage were detained as well, in addition to some 2,000 members of his clan.

Hilal, who refused to operate with the government’s disarmament campaign, was transferred to Khartoum. His trial secretly began on April 30, 2018.

In July last year, the NISS arrested Hilal’s hearing-impaired son, Ahmed Musa. The next month, several ‘associates of Hilal’ were arrested from a house at Gurrat El Zawiya area in North Darfur.

Atrocities in Darfur

Hilal is held responsible for the atrocities committed in Darfur against civilians after the conflict erupted in 2003. In that year, he was released from prison by the Sudanese government with the purpose to mobilise Darfuri Arab herders to fight the insurgency in the region.

With full government backing, Hilal’s militiamen (janjaweed) targeted villages of African Darfuris. They rarely came near forces of the armed rebel movements.

View original: https://www.dabangasudan.org/en/all-news/article/darfur-lawyers-hilal-court-martial-invalid-resisting-al-bashir-regime-is-no-crime

Hospitals targeted, activists tortured, 10 people killed, 181 wounded in protests 30 June across Sudan

NOTE from Sudan Watch Editor: The following press release from UNHCR provides details of the protests across Sudan last Sunday 30 June and serves as a fair and accurate amalgamation of many articles published online by mainstream media.

Press Release from UNHCR

Published: 04 July 2019 via APO

Title: Bachelet urges Sudan to restore freedoms, investigate violations and move swiftly to civilian rule

Bachelet said her office had received a number of allegations of excessive use of force by the security forces against protestors

GENEVA, Switzerland, July 4, 2019/APO Group/ -- As more details emerge about casualties during Sunday’s [30 June] mass protests in towns and cities across Sudan, the UN High Commissioner for Human Rights Michelle Bachelet on Wednesday [03 July] called on the Sudanese authorities to lift restrictions on the internet and launch proper independent investigations into all acts of violence and allegations of excessive use of force, including attacks on hospitals.

She also urged the authorities to respect people’s right to protest peacefully and to ensure a swift transition to a civilian government, in line with the clear wishes of large segments of the Sudanese population and of the African Union.

The mass protests reportedly took place in more than ten major towns and cities, including Khartoum, Omdurman, Kassala, Gadaref, Madani, Port Sudan, Atbara, El Fasher, Nyala, Zalingie and Kosti, in response to calls from the Sudan Professionals Association to support demands for a civilian-led transitional authority.

Despite the total shutdown of the internet by the Transitional Military Council (TMC) on 10 June, the scale and breadth of Sunday’s protests appear to have been unprecedented in recent Sudanese history.

Bachelet said her office had received a number of allegations of excessive use of force by the security forces against protestors. A senior Ministry of Health official reportedly announced late on 30 June that seven people had been killed and 181 wounded during the protests that day. He blamed much of the violence on the protestors, noting that the injured included ten members of the security forces.

The Sudanese Doctors Central Committee, affiliated with the Sudan Professionals Association, also reported that seven protestors had been killed in Omdurman and Atbara by live bullets allegedly fired by the paramilitary Rapid Support Forces (RSF) and other security forces.

An additional three bodies of local activists were found in Khor Abu Anga in Omdurman on the morning of 1 July, reportedly with visible signs of torture, taking the death toll to at least ten since the start of Sunday’s nationwide protests. “It is essential there are prompt, transparent and independent investigations into how all these people lost their lives, as well as into the causes of such a large number of injuries,” Bachelet said.

Bachelet said she was especially disturbed by reports that, once again, hospitals had been attacked by security forces. The public hospital in Gadaref city was allegedly raided by joint RSF, security and police forces who chased protestors inside the hospital, firing live ammunition and tear gas, injuring at least one person. The UN Human Rights Office received similar allegations that RSF and police had pursued protestors into the military hospital in Omdurman firing tear gas and live bullets, and that a member of the medical staff was shot dead inside the hospital. The Al-Tabib hospital in Khartoum was also reported to have been raided by the RSF and police.

The UN Human Rights Chief noted that earlier calls for investigations into the killings, attacks on medical facilities and thousands of reported rapes and sexual assaults that took place on 3 June and subsequent days had gone unheeded.

“The RSF were alleged to have been heavily implicated in the mass violations in early June,” Bachelet said. “The fact that no serious action has been taken to investigate what happened then, and further in the past, simply feeds the belief that members of the RSF and other security forces have carte blanche to do what they want to protestors and other people. This is a completely unacceptable situation and the Transitional Military Council has an obligation to ensure that members of the security forces are held accountable for any crimes they commit.”

She noted that her offer on 7 June to deploy a UN human rights monitoring team to examine allegations of human rights violations committed since 3 June, had gone unanswered.

She said the TMC’s 27 June offer to release prisoners of war was a welcome gesture, but regretted that the 30 June deadline set by the African Union for a handover to a civilian authorities had not been met.

“This recipe of restrictions, unmet promises, and bouts of unbridled violence which are neither investigated nor punished is stoking massive resentment – as Sunday’s protests showed all too clearly,” she said. “If things continue like this, it will be a recipe for disaster.”

The UN Human Rights Chief said the authorities must issue clear instructions to all security forces not to use force against peaceful protestors, noting that use of firearms is prohibited unless there is imminent risk of life or serious injury.

Distributed by APO Group on behalf of Office of the UN High Commissioner for Human Rights (OHCHR)

https://www.africa-newsroom.com/press/bachelet-urges-sudan-to-restore-freedoms-investigate-violations-and-move-swiftly-to-civilian-rule?lang=en