Sudan’s Humanitarian Crisis: Reflections on Gross Violations of IHL

     I.          Introduction: The conflict in Sudan

As major global and regional powers failed to reach an agreement on Sudan in the London Conference on the second anniversary of the beginning of the ongoing humanitarian crisis in Sudan, the continuance of the crisis seems inevitable.

The present crisis in Sudan is a result of the ongoing conflict between the Sudanese Armed Forces (SAF) and the paramilitary Rapid Support Forces (RSF). While the SAF is the long-standing military force of Sudan, given the continuous use of the RSF by Sudan for years, and the legislative legitimisation of the same in 2017, the RSF as well cannot be delinked from the State of Sudan. Therefore, the conflict is essentially a conflict between two armed entities, each associated with the state, in Sudan. Presently, General Mohamed Hamdan Dagalo, the deputy head of Sudan’s ruling Sovereign Council, is the leader of the RSF.

The ongoing conflict began in 2023, when the two military leaders running the country - General Abdel Fattah al-Burhan, the head of the armed forces and the President, and his deputy, Dagalo. One of the most important differences between the two was on the proposed integration of the RSF into the SAF, which would essentially cause a change in the power equations between the two. 15th April 2023 marked the point where tensions culminated in firing, as the SAF saw the deployment of RSF across the country as a threat.

Since then, the rivalry between the two military leaders has entailed a humanitarian crisis for Sudan.

  II.          The Scale of the Crisis

The ongoing conflict between the SAF and RSF has caused the displacement of nearly 13 million people in Sudan, while leaving dozens of thousands killed. Nearly half the population of the country— 24.6 million individuals—is experiencing acute food insecurity, and camps such as Zamzam IDP are plagued with famine. However, the saga doesn’t end there.

The Human Rights Watch (HRW) has reported that it has received accounts from volunteers that both RSF and SAF have engaged in acts targeting volunteers in Khartoum, thus harming the functioning of community kitchens - thus worsening the famine-like situation. Further, as per HRW, an alleged attack on a hospital in El Fasher that led to the killing of dozens of people also led the UN World Food Programme to halt the distribution of food, thus further deteriorating food security.

Multiple instances of destruction of medical facilities and deprivation of people of essential resources have been recorded by the Fact-Finding Mission. The mission records attacks on multiple medical facilities in Khartoum, El-Fasher, and El-Daein. The result of these attacks was destruction as well as permanent closure of medical facilities, and the fleeing of medical professionals. It also notes the blockage of humanitarian aid, including medical supplies, by both SAF and RSF. It also refers to the destruction of water treatment plants, water pumping stations, and electricity lines, among others, causing deprivation of people from access to essential resources.

Sexual violence has also been recorded as a rampant form of exploitation in this crisis. Further, the same has been partially reflective of ethnic violence, since the RSF has committed widespread acts of sexual violence against the Masalit community in El Geneina. While primarily RSF may be attributed with commission of sexual offences, the same have also been committed by SAF. The horrors of sexual violence include instances where children as young as eight-years old have been raped, both females as well as men - major as well as minor - have been subject to rape and gang-rape, and much more.

The victims of this crisis have been deliberately subjected to various other forms of torture as well. For instance, the Fact-Finding Mission notes the following:

One victim described how, in May 2023, the RSF took her from a house in El Geneina, blindfolded her, and transferred her to another location where they severely whipped her for what seemed like a long duration of time. They also pulled out her hair with their hands. She lost consciousness… Children were also deprived of food and water, as was the case for adult detainees. One interviewee who had been detained at Al Nakheel Police Station in Omdurman described that the RSF beat detainees with electric rods and whips, sometimes on their genitals.

This humanitarian crisis reflects a glaring multitudinous violation of the International Humanitarian Law applicable to situations involving non-international armed conflicts.

III.          Violations of International Humanitarian Law (IHL):

This non-international armed conflict is governed by the Geneva Conventions, particularly Common Article 3(1), which prohibits violence against persons taking no active part in hostilities. This principle of drawing out a distinction between those who are actively participating in the violent struggle and those who are not is also a well-established part of customary international law. Therefore, attacks on civilians, such as sexually violating them, are a violation of an IHL  obligation that Sudan is under an obligation to follow.

Reports of obstruction of access to food as a means of humanitarian aid, despite conditions of famine and serious food insecurity, speaks a story that reflects a violation of Article 18(2) of the Additional Protocols II, which imposes an obligation on the states to consent to delivery of humanitarian aid, when the same is given without any discrimination.

The concerned acts of sexual abuse fall within the ambit of Article 4(2)(e) of the Additional Protocols II, which recognizes rape and other forms of sexual violence as crimes against humanity when committed as part of a widespread or systematic attack.

The targeting of medical units, such as the bombing of hospitals in El Fasher, violates Article 11(1) of Additional Protocol II, applicable in non-international armed conflicts, which mandates the protection of medical facilities and personnel. Further, destruction of farmlands, causing inaccessibility to water by destruction of supply mechanisms thereof, is violative of Article 14 of the Additional Protocol II.

Further, Sudan is a signatory to the International Covenant on Civil and Political Rights (ICCPR). While Article 6 thereof recognises the right to life of every individual, Article 7 prohibits any state from subjecting anyone to any form of cruel, inhuman or degrading treatment.

Conclusion

The ongoing humanitarian crisis in Sudan - which has resulted in mass displacement, widespread food insecurity, rampant sexual violations, destruction of essential resources, loot and arson, and much more - due to the tussle between two military leaders who wish to cling to power, is reflective of gross violations of International Humanitarian Law obligations by Sudan. In such a light, the lack of determination to make concerted efforts among regional and global powers has the effect of only worsening the situation, and further victimisation. Thus, in the interest of respect for universal human rights, other states shall put in concerted efforts to halt the massive spectacle of shuffling off thousands of mortal coils, and subjecting the remaining to other forms of abu