Two decades have passed since the United Nations Security Council referred the situation in Darfur to the ICC, yet impunity for crimes in Sudan remains rampant. This absence of accountability allows rights abusers to operate freely amidst ongoing hostilities, as the ICC’s mandate is limited solely to Darfur. A comprehensive justice strategy, inspired by the voices of the Sudanese people, is urgently needed to address these grave crimes, particularly those committed since April 2023.
The ICC’s mandate, established by Resolution 1593 on March 31, 2005, restricts its jurisdiction to crimes in Darfur, despite the ongoing atrocities across Sudan. Current investigations are limited to past crimes, while significant human rights violations continue unchecked elsewhere in the country. Although bodies like the UN Independent International Fact-Finding Mission are tasked with investigating these violations, they do not have the authority to prosecute, creating a critical accountability gap.
Liz Evenson, Human Rights Watch’s international justice director, laments how an impunity-driven cycle of violence has ensnared the Sudanese people again, saying, “The warring parties have trapped the Sudanese people once again in an impunity-fueled cycle of violence.” She highlights the need for governments to vocalize their commitment to closing this accountability gap, to avoid leaving victims waiting for justice long into the future.
Since the fighting erupted on April 15, 2023, brutal war crimes have been committed by both the Sudanese Armed Forces and the Rapid Support Forces, including horrific killings and severe violations of humanitarian law in regions like Khartoum and West Darfur. The RSF has been particularly notorious, conducting ethnic cleansing and rampant sexual violence in their campaign against vulnerable communities.
The ICC has indicated that it intends to pursue warrants related to the crimes committed in West Darfur since April 2023. However, the limitations of the original Security Council referral restrict its actions solely to Darfur. A recent UN report has called for the jurisdiction of the ICC to be broadened to include all of Sudan and urged nations to consider establishing an international judicial mechanism for justice beyond the ICC.
On this anniversary, Human Rights Watch urges nations to reaffirm their commitments towards justice for Sudan, particularly at forthcoming high-level meetings. There is a tremendous need for concerted efforts focused on accountability. Governments are encouraged to support evidence preservation and proper documentation related to ongoing human rights violations, ensuring sufficient resources for fact-finding missions and for local civil society organizations.
Although the trial of Ali Muhammad Ali Abd-Al-Rahman, a former militia leader facing ICC charges from 2003-2004, is ongoing, it highlights the solitary progress in terms of accountability since the 2005 referral. Political instability in Sudan after the ousting of Omar al-Bashir has hampered meaningful breakthroughs in ensuring justice for historical rights abuses, and further complicates the matter of prosecuting the ICC fugitives.
ICC member states are urged to provide the necessary resources for the court to execute its responsibilities while also calling on Sudanese authorities to cooperate fully with the ICC. The anniversary serves not only as a reminder of the crucial role of the ICC but also as a call to action against political interference that threatens justice.
Two decades after the UN Security Council’s referral of Darfur to the ICC, impunity in Sudan persists, allowing ongoing rights violations. The ICC’s mandate is limited to Darfur, leaving a critical accountability gap. Calls for expanding the ICC’s jurisdiction and creating international justice mechanisms have intensified amid ongoing atrocities since April 2023, highlighting the importance of supporting Sudanese-led justice initiatives and preserving evidence of crimes.
As the 20th anniversary of the UN Security Council’s referral of the Darfur situation to the ICC approaches, there remains an urgent need for comprehensive justice in Sudan. With ongoing crimes and an accountability gap, a collaborative international effort focusing on expanding the ICC’s jurisdiction, supporting local justice initiatives, and safeguarding the ICC from external pressures is crucial. The voices of the Sudanese people must guide these initiatives to ensure that justice does not remain a distant dream for future generations.
Original Source: www.hrw.org
