As the conflict in Sudan rages and media agendas deprioritise it, the International Bar Association's Human Rights Institute (IBAHRI) urges a radical change in the way the international and regional communities approach bringing an end to the fighting in the country, which is resulting in tens of thousands of people being killed and injured, 18 million people facing hunger and the world's largest displaced population - currently estimated at 11 million by the United Nations Office for the Coordination of Humanitarian Affairs. To stop an already catastrophic situation from worsening, the IBAHRI calls for an immediate end to the battle, for attention to be directed toward civilian political voices and for those responsible for ongoing human rights violations to be held accountable.
Furthermore, the IBAHRI calls for the international community to address the alleged: illicit financial networks of regional states perpetuating the conflict through external funding; importing of drones by both sides in violation of a 2005 UN Security Council resolution that prohibits the supply of weapons to the Sudanese government and armed factions in Darfur; and repeated exploitation of tribal tensions in Darfur. Also needing to be addressed is the continued impunity of the warring generals - Abdel-Fattah Burhan of the regular Sudanese Army Forces (SAF) and his former deputy Mohammed Hamdan 'Hemedti' Dagalo of the paramilitary Rapid Support Forces (RSF).
The IBAHRI further urges UN Member States to ensure the necessary resourcing and full political backing of the UN appointed Independent International Fact-Finding Mission for the Sudan and to keep human rights in Sudan high on the agenda of the ,UN Human Rights Council and other UN bodies.
IBAHRI Chair, and immediate past Secretary-General to the Swedish Bar Association, Anne Ramberg Dr Jur hc, stated: 'The IBAHRI condemns the recent cycle of violence that has led to widespread havoc in Sudan since 15 April 2023. The humanitarian cost is unconscionable but the news coverage minimal. This needs to alter. Since 2003, international organisations have repeatedly documented evidence of war crimes, crimes against humanity, and other serious violations of international humanitarian law committed by armed forces in Sudan. The pervasive impunity in the country has emboldened the current warring parties and militias allied to them to continue targeting civilians in violation of international law. The targeting of lawyers during the course of the war, which the IBAHRI continues to closely monitor with partners, demonstrates the calculated efforts of the military generals in covering their tracks to evade accountability. These perpetrators believe they are immune from consequences. The international community's failure to act has only emboldened them. Action must be taken now to enforce international law and to put an end to the individual tragedies of suffering and despair. We call for meaningful UN intervention to halt the human rights abuses being perpetrated against the Sudanese people.'
IBAHRI Director, Baroness Helena Kennedy LT KC, said: 'It is now widely accepted and demanded by Sudan's civilians that the only path for Sudan to end the cycles of violence and mutual distrust is for the armies to return to barracks and for civilian politicians to lead the process to democracy. Only then can a true peace process begin. The international community needs to commit to backing civilian political voices, whose peaceful revolution, based on democratic aspirations and human rights protection, led to the ousting of Sudan's former president of almost 30 years, Omar Al-Bashir. In looking back at the track record of military and civilian leadership, it is clear that civilians are a far more viable partner for a peaceful and stable Sudan. Both the SAF and the RSF have been accused of war crimes including intentionally targeting civilians and their homes, as well as crimes against humanity including ethnic cleansing, genocide and blocking humanitarian aid despite warnings that millions of Sudanese children, women and men are on the brink of starvation. With these allegations against them, neither side appears capable of restoring peace to Sudan or worthy of the respect of the Sudanese people.'
The two generals and their units have been fighting each other since 15 April 2023, after not being able to agree who should lead the military-controlled government in Sudan. In the intervening 14 months the collective efforts for a civilian-led democratic transition have been thwarted by military spoilers - another casualty of the fighting.
Reports state that of the 11 million people who have had to flee their homes, more than 7.3 million are displaced within Sudan. The International Rescue Committee has labelled the current situation 'the largest displacement crisis in the world.' In addition, the UN has formally warned of the risk of famine in 2024, with the appeal for humanitarian assistance being only five per cent funded critically undermining the delivery of crucial emergency aid and services.
Furthermore, Sudan's ambassador to the UN, Al-Harith Idriss Al-Harith Mohamed, has said the UN has acted too slowly and he has repeated the accusation that the United Arab Emirates (UAE) is arming the RSF thus fuelling and prolonging the war. The UAE's ambassador to the UN, Mohamed Abushahab, has rebuffed the accusation.
IBAHRI Co-Chair, Mark Stephens CBE, commented: 'In a relatively short period of time the conflict in Sudan has unleashed a staggering level of suffering on the country's general population including the brutal and unlawful killing of civilians; the rape of women and girls; the forced displacement of civilians; the unlawful destruction of civilian property; the decimation of the judiciary; and the breakdown of the rule of law and human rights protections. Both SAF and RSF forces have targeted human rights defenders, including lawyers, activists and humanitarian workers. It is difficult to see how either leader of the warring factions can, in good conscience, think himself fit for the privilege to lead Sudan. The IBAHRI previously reported that at least nine lawyers and law commissioners pursuing accountability for past atrocities in Sudan were the subject of targeted killings, which included members of their immediate families. The people of Sudan deserve much better and can do without the conflict being stoked and sustained by international actors, including Iran, Russia and the United Arab Emirates, as reported by credible sources. The IBAHRI calls for a stop to any gold smuggling breaches of sanctions by Africa Corps (formerly the Wagner Group) and for a return to the democratic transition towards a civilian government.'
It has been reported that unregulated gold mining has become a major revenue stream for armed groups, that the RSF's Hemedti controls Darfur's gold mines and has a stake in Sudan's Al-Khaleej Bank and that the UAE is backing the RSF. Reports indicate that money is sent to the UAE via the Bank and that correspondent banking ties with Bahrain, Egypt, Italy, Saudi Arabia and Turkey eventually sees the illicit financial flows reaching Switzerland, the United Kingdom and the United States. Reports suppose that through the RSF's relationship with Africa Corps, the stockpiling of Sudanese gold helps Russia to stave off the detrimental effects of Western sanctions, following its invasion of Ukraine in 2022.
Meanwhile, reportedly the SAF has historical institutional links to military counterparts in Egypt and international Islamist groups, including the Muslim Brotherhood. Also, reports state that the SAF has imported and deployed drones from Iran as well as advanced weapons in exchange for allowing Iran to build a naval base on Sudan's Red Sea coast.
Ms Ramberg added: 'It is impressive that despite the chaos that has engulfed Sudan, roots groups, often youth-led, have mobilised to create emergency response rooms to help communities survive. Where it is difficult for international aid agencies to reach, these informal networks are providing life-saving support by delivering food, water and basic provisions. They are also keeping hospitals running and have begun to arrange educational activities for children. These actions underline the necessity for the international community to prioritise civilian voices and hold accountable those perpetuating violence and human rights abuses, while also addressing the root causes of the conflict and the illicit financial networks sustaining it.'
