UN Human Rights Commission: Conflict Parties Have Committed Violations Rising to War Crimes
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The United Nations Human Rights Office stated yesterday, Friday, that the warring parties in Sudan have committed violations that may amount to war crimes, including indiscriminate attacks on civilian sites such as hospitals, markets, and displaced persons camps.
The UN office outlined in a 16-page report a wide array of violations, including attacks on protected entities, the use of civilians as human shields, causing millions to be displaced hindering aid access, killings, sexual violence, gender-based violence, detention, disappearances, child recruitment, restricting civil liberties, and damaging economic and social rights.
UN High Commissioner for Human Rights, Volker Türk, stated, "Some of these violations may rise to the level of war crimes," adding, "There must be rapid, comprehensive, effective, transparent, independent, and neutral investigations into all allegations of violations and breaches of international human rights law and humanitarian law, and those responsible must be brought to justice."
The Commissions office clarified that the report it issued is based on interviews conducted with 303 victims and witnesses, including dozens of interviews conducted in Ethiopia and eastern Chad, as well as analysis of photographs, videos, satellite images, and information from other open sources.
The report reveals that the conflict parties have utilized explosive weapons with wide-area effects, such as shells fired from fighter jets, drones, anti-aircraft weapons, and artillery shells in densely populated areas.
It reported that "the conflict parties have committed serious violations and breaches of international human rights law, as well as serious violations of international humanitarian law, some of which may amount to war crimes and possibly other serious crimes under international law. The intensity of hostilities between the Sudanese armed forces and the Rapid Support Forces and the significant lack of compliance with international humanitarian law and standards of international human rights law are causes for concern."
The commission called on the conflicting parties to:
a) Immediately cease hostilities and engage in comprehensive dialogue aimed at reaching a peaceful solution to the conflict, involving a broad range of stakeholders, including women and youth, to restore a civilian-led government;
b) Comply with their obligations under international humanitarian law and cease and punish violations of international humanitarian law committed by their forces;
c) Respect international human rights law, including by ending arbitrary detention and enforced disappearance practices, ensuring the immediate and unconditional release of all arbitrarily detained individuals, and halting all attacks on human rights defenders, civil society organizations, and media outlets;
d) End the recruitment and use of children in hostilities, ensuring necessary measures to prevent such actions;
e) Ensure the swift and unimpeded passage of humanitarian relief to civilians in need, as well as secure and unobstructed access for humanitarian organizations to all areas under their control;
f) Halt all forms of discrimination and violence against women and girls, declare a zero-tolerance policy for sexual and gender-based violence, facilitate victims access to justice, and ensure timely provision of comprehensive multi-sectoral services, including medical care, psychosocial support, and legal services for survivors;
g) Cooperate with the UN High Commissioner for Human Rights and the Independent International Expert and Mission to investigate facts in Sudan to protect and promote human rights in Sudan and facilitate the free movement of their staff within the country.
The High Commissioner recommends that the Sudanese authorities:
a) Consider joining the Rome Statute of the International Criminal Court and enact domestic legislation in line with it;
b) Ensure compliance with the declaration of states of emergency and their implementation under international human rights law, including by informing the population of the substantive, regional, and temporal scope of the state of emergency and relevant measures, and by ensuring that measures do not unjustifiably restrict the exercise of human rights;
c) Conduct prompt, comprehensive, effective, transparent, independent, and neutral investigations into alleged violations and breaches of international human rights law and violations of international humanitarian law committed during the conflict, ensuring the trial of alleged perpetrators, including those in leadership positions, in proceedings that adhere to international standards, and providing full compensation to victims and their families;
d) Cooperate with the Independent International Fact-Finding Mission.
The High Commissioner calls on the international community to:
a) Ensure the expansion of humanitarian assistance by urgently providing the necessary funding for the humanitarian response plan;
b) Support and enhance all efforts aimed at achieving a cessation of hostilities and achieving a sustainable and comprehensive peace, with a focus on accountability for human rights violations, leading to the restoration of a civilian-led government;
c) Support national institutions, local civil society networks, and other relevant actors by providing resources and enhancing their capacity to work with conflict-affected individuals, providing comprehensive services to all survivors, including healthcare and sexual and reproductive information, with special attention to survivors of sexual violence and children born as a result of such violence;
d) Continue to support the work of the UN High Commissioner for Human Rights in Sudan and the Independent Expert as two key instruments for protecting human rights and continue constructive work with authorities;
e) Encourage the Sudanese authorities to cooperate with the Independent International Fact-Finding Mission, including by granting it access to the country;
f) Collaborate with the Personal Envoy of the Secretary-General to Sudan and regional and international governmental organizations to work collectively on a unified and coordinated roadmap for conflict resolution.
