Why the Sudan’s case against the UAE at the ICJ has limited prospects of success
Posted: 9 April, 2025 Filed under: Zwelithini Eugene Xaba | Tags: conspiring to commit genocide, Emirati militants, forcible displacement, genocide, inciting genocide, Masalit people, Prevention and Punishment of the Crime of Genocide, Provisional Measures, question of jurisdiction, rape, Rapid Support Forces, Sudan, the Genocide Convention, UAE, United Arab Emirates Leave a comment
Author: Zwelithini Eugene Xaba
International lawyer
On Thursday 6 March 2025, Sudan initiated proceedings against the United Arab Emirates (UAE) before the International Court of Justice (ICJ/Court) alleging the violation of the Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention).[1] The application relates to the ongoing conflict in the territory of the Sudan, between its armed forces and the Rapid Support Forces (RSF) and their allied militia groups.[2] Sudan alleges that the UAE has violated Article 1 of the Genocide Convention as well as “other fundamental obligations…including by attempting to commit genocide; conspiring to commit genocide; inciting genocide; complicity in genocide; and failing to prevent and punish genocide.”[3] Sudan alleges that since 2023 the RSF has perpetrated a genocide against the Masalit, a Black African ethnic group resident in the West Darfur region, 2000 kilometers away from Khartoum, with the financial, political, and military support of the UAE.[4] The Government of Sudan alleges that acting under the military command and with the direct assistance of Emirati militants, the RSF has killed thousands of Masalit people of all ages as well as engaged in forcible displacement; rape and blockade of humanitarian assistance with the intent to destroy the group in whole or in part.[5] Sudan has also requested the indication of provisional measures pursuant to Article 41 of the ICJ Statute and Articles 73 to 75 of the Rules of Court.
Peeling back the mask: Analysing the juxtaposition of marital rape and its legalese in Kenya
Posted: 7 April, 2025 Filed under: James Mulei | Tags: ‘unlawful’ penetration, biological abilities, bride price, cultural taboos, cultural traditions, gender-based violence, inancial security, intimate partner violence, justice to victims, Kenya, Kenya’s Sexual Offences Act (2006), lack of forensic medical experts, marital rape, non-consensual sex, physical disparity, physical effects, psychological effects, rape, rape within marriage, unconsented sex Leave a comment
Author: James Mulei
Kabarak University
“You are mad!” Resian screamed at him. “You are stark mad if you think I am your wife. He repeated quietly, smiling “Whether you scream your heart out, or jump into the deep sea, Resian, you are mine. You are my wife from now henceforth! Let us see how ‘educated’ your body is.” *
The juxtaposition of marital rape has been a subject of discussion, spanning several years if not centuries. Ideally, juxtaposition here refers to contrasting the concept of rape within marriage. Why would a man rape his wife if they are married? Isn’t rape characterised by unconsented sex, where ‘unlawful’ penetration must occur? The immunity of a husband had a long historical tradition, framed by British common law. The immunity of husbands was established by the eminent judge and jurist Sir Matthew Hale in 1736, where he pointed out that a husband cannot be guilty of rape upon his wife for a husband could not be guilty of raping his wife, as marriage implied consent. This theory treated marriage as a contractual agreement where sex was an obligation, making it impossible to prosecute marital rape.[1] This implied that a husband is incapable of raping his wife, meaning that any sexual acts perpetuated within the marriage could not be subject to judicial scrutiny.[2]
20 years later, will Joseph Kony’s victims get justice?
Posted: 25 September, 2024 Filed under: Michael Aboneka | Tags: 70 girls, abduction, Amnesty Amendment Act, crimes against humanity, hunt for Kony, internally displaced persons camps, Joseph Kony, Lord’s Resistance Army (LRA), LRA, Lwala Girls School, murder, rape, Rome Statute, Rome Statute of the International Criminal Court, sexual enslavement, Uganda, Ugandan leader, war crimes, witness protection law Leave a comment
Author: Michael Aboneka
LLM Candidate, Centre for Human Rights
Joseph Kony is a Ugandan leader of the Lord’s Resistance Army (LRA). The LRA started its operations from Northern Uganda extending to some parts of Sudan, the Democratic Republic of Congo and the Central African Republic. He claims to be fighting to liberate the Acholi and Ugandans from oppression and captivity.
He has both individual and command responsibility under articles 25 and 28 of the Rome Statute of the International Criminal Court (Rome Statute). Kony founded the LRA as its supreme leader and commander with effective control over it. He ordered his commanders to attack Lwala Girls School and abducted 70 girls in 2003, and attacked Pajule, Abok, Lukodi internally displaced persons camps among others. He was indicted with 21 counts of war crimes including murder, inducing rapes among others and 12 counts of crimes against humanity including acts of inflicting serious bodily injury and suffering, rape, sexual enslavement, abduction and enlisting over 30,000 children.
Agency and vulnerability in the intersection of abortion law and refugee experience in Kenya
Posted: 23 September, 2024 Filed under: Pawi Fortune | Tags: abortion, abuse, Africa, Dadaab, defilement, displaced persons, Federation of Women Lawyers (Fida – Kenya) & 3 others v Attorney General & 2 others, forced prostitution, foreign domination, gang rape, health care services, healthcare services, Kakuma, Kenya, maternal deaths, mental health, Ministry of Health Guidelines on the Management of Sexual Violence in Kenya, physical trauma, rape, refugees, safe abortion services, Sexual Offences Act, sexual violence, state of unrest, unintended pregnancies, unsafe abortions, unwanted pregnancy Leave a comment
Author: Pawi Fortune
Kabarak University Law School
The number of refugees in Africa has been on the rise[1] with many people being morphed into refugee status by various reasons such as a state of unrest, foreign domination and internal/external aggression.[2] In pursuit of safer grounds, ‘aspirant refugees’ flee to other countries hoping for better conditions than that from which they fled. However, even in countries of asylum, displaced persons face a precarious existence devoid of guaranteed safety or survival. Dadaab and Kakuma, critical refugee sanctuaries in Kenya, shelter a diverse population of refugees fleeing instability in countries such as Somalia, the Democratic Republic of the Congo and South Sudan.[3] Nonetheless, mistakenly believing this new land to be a haven, refugees are subjected to unimaginable sexual violence, a cruel irony that erodes their dignity and sense of self to a degree that renders their prior persecution almost preferable. This paper aims serve as a lamentation, a call for help reflecting the pain of survivors of sexual violence in refugee camps who have succumbed to the dangerous consequences of unsafe abortions or lack of it due to inaccessibility of the appropriate health care services.
Unconditional Amnesty for Boko Haram Violates African Human Rights Law
Posted: 12 July, 2024 Filed under: Oluwatosin Senami Adegun, Yeabsira Teferi | Tags: African Human Rights Law, Amnesty International Report of 2015, ‘de-radicalisation, Boko Haram, child soldiers, disproportionate attacks, forced marriage, International Humanitarian Law, Nigeria, Politically Motivated Crimes, rape, rehabilitation and reintegration’ programme, sexual slavery, sexual violence, terrorist group, unconditional amnesty, violations of human rights Leave a comment
Author: Oluwatosin Senami Adegun
Master’s student, LLM Human Rights and Democratisation in Africa, Centre for Human Rights, University of Pretoria.
Boko Haram has attacked the north-east of Nigeria for 15 years killing over 350 000 persons, abducted about 276 Chibok girls, perpetuated rape, sexual slavery and other forms of sexual violence, forced marriage, recruitment of child soldiers and disproportionate attacks on civilians which constitute violations of human rights and international humanitarian law as affirmed by the Amnesty International Report of 2015.
Despite these gross violations and the victims’ yearning for justice, the Federal Government of Nigeria (Nigeria) granted unconditional amnesty to some members of the terrorist group through its ‘de-radicalisation, rehabilitation and reintegration’ programme without due consideration given to victims whose views and concerns were never considered.
Sexual and gender-violence against women in the Sudanese conflict
Posted: 22 April, 2024 Filed under: Joris Joël Fomba Tala | Tags: conflict, gender-based violence, human rights, International Covenant on Civil and Political Rights, International Humanitarian Law, rape, Rapid Support Forces, refugee women, reproductive health, Sexual and gender-violence, sexual violence, socio-economic development, Sudan, Sudanese conflict, torture, United Nations Convention against Torture and Other Cruel and Degrading Treatment or Punishment, women’s rights Leave a comment
Author: Joris Joël Fomba Tala
Researcher, Centre for International and Community Law
Introduction
The conflict that broke out in Sudan (Republic of Sudan) on 15 April 2023 between two rival military factions has had disastrous consequences for women. Dubbed the “war of the generals”, the conflict pits Sudan’s armed forces against the Rapid Support Forces (RSF). In its 2024 report, UNFPA said it was very concerned about the escalation of cases of gender-based violence in the Sudanese conflict. This particularly alarming against the background of an already dire situation of women’s rights in Sudan before the outbreak of hostilities, as the Special Rapporteur on violence against women reported about Sudan in 2016. Almost a year after, the fighting continues in the main cities of Sudan, but the fact remains that Sudan still has no functioning government. UN Women says it is “shocked and condemns reports of increasing gender-based violence in Sudan, including conflict-related sexual violence against women and displaced and refugee women”. In the same vein, UN Women Africa expressed its deep concern about the serious consequences of the Sudanese conflict on women and girls and called for immediate action against the violence they face. However, in a context of armed confrontation, it is undeniable that both parties do not respect international legal standards and commit serious violations against women and girls. This article discusses the application of the relevant legal rules for the protection of women applicable to the Sudanese conflict. The first section will identify these rules. The article will then analyse the various forms of sexual and gender-based violence prevailing against women and finally make proposals for better protection of women in the Sudanese conflict.
Senegal’s future hangs in the balance – #GardonsLesYeuxSurLeSénégal, West Africa’s longest-standing democracy!
Posted: 12 June, 2023 Filed under: Nyasha Mcbride Mpani, Uncategorized | Tags: Afrobarometer, civil rights, civil society organisations, constitutional term limits, death threats, democracy, democratic change, freedom of expression, human rights, injustice, one-man rule, one-party rule, rape, repression, Senegal, use of force, violent demonstrations, youth corruption Leave a comment
Author: Nyasha Mcbride Mpani
Southern African project leader, Data for Governance Alliance
While the world is still grappling with the complexities arising from power struggles in Sudan, with two warlords vying for control, the situation in Senegal has added to the mounting problems on the African continent. Since February 2021, Ousmane Sonko, the leader of the Senegalese opposition, has faced charges of rape and of sending death threats. However, what started as a legal matter seems to have turned into a politically charged trial. Unfolding events have revealed a deeply troubling pattern of repression and injustice in Senegal.
Read the rest of this entry »Marital rape as a human rights violation of women in Ethiopia: a case study of Alumni association of the faculty of law of Addis Ababa University and Ethiopian Women Lawyers Association (EWLA)
Posted: 15 March, 2022 Filed under: Kebkab Sirgew Gelaw | Tags: domestic violence, Ethiopia, Ethiopian Women Lawyers Association, EWLA, fundamental rights, government, legal standing, legal system, marital rape, marriage, psychological effects, rape, rejection, sexual distress 1 Comment
Author: Kebkab Sirgew Gelaw
International Human Rights Lawyer
The concept of rape of a woman by her husband in marriage was not a transgression at all because a man was allowed to treat ‘his chattel as he deemed appropriate’; thus, women who were forced to have sex in their marriage did not even have the option of seeking criminal prosecution.[1] The first marital rape case to reach the US court system took place in 1978 in New Jersey, when Daniel Morrison was found guilty of raping his estranged wife. Six months later, in Oregon, John Rideout became the first husband charged with rape while living with his wife.[2] Rideout was acquitted and brought attention to the concept that rape can exist within the context of marriage.
Many states in the US including Minnesota at that time defended forced sexual intercourse committed by a man against a woman and not his wife; though there have been subsequent prosecutions of marital rape, but in general, the cases were charged to win, primary because the question of consent is clouded by societal beliefs about marriage.[3]
#IAmToufah makes the message clear: We are not going to wish the rape crisis away
Posted: 25 July, 2019 Filed under: Satang Nabaneh | Tags: #IAmToufah, #Jammeh2Justice, #TimeIsUp, culture of rape, Fatou ‘Toufah’ Jallow, gender-based violence, human rights abuses, President Jammeh, rape, sexual crimes, sexual violence, The Gambia, women's rights, Women’s Act 2010 Leave a comment
Author: Satang Nabaneh
Project Officer, Women Rights Unit, Centre for Human Rights, University of Pretoria
In dealing with past human rights abuses and upholding standards of respect for human rights, The Gambia’s transition from an abusive regime to democracy must also entail justice for victims of gender-based violence. Consequently, the most illustrative example of addressing sexual violence being part of the democratisation of society happened last month when 23-year-old former beauty queen, Fatou ‘Toufah’ Jallow accused former President Jammeh of rape.
Toufah detailed her story from the starting point of winning the state-sponsored beauty pageant in 2014 when she was 18 years old. Over the next few months, Jammeh lavished her with cash gifts and other favors including installation of running water in her family house. She was offered a position as a “protocol girl,” to work at the State House, which she declined. She also turned down his marriage proposal. During a pre-Ramadan Quran recital at State House, Jammeh locked her in a room and told her: “There’s no woman that I want that I cannot have.” She said that he then hit and taunted her, injected her with a liquid, and raped her. Days later, she fled to neighboring Senegal.
Victimised twice: Wartime rape in South Sudan is a women’s rights violation
Posted: 14 May, 2018 Filed under: Dunia Mekonnen Tegegn | Tags: armed conflict, CEDAW, Convention on the Elimination of Discrimination against Women, gender-based discrimination, Geneva Conventions, harmful traditional practices, Maputo Protocol, rape, religious dogmas, sex stereotypes, sexual slavery, sexual violence, social prejudice, South Sudan, war, war crimes, women empowerment, women's rights 2 Comments
Author: Dunia Mekonnen Tegegn
Human rights lawyer, Ethiopia
In December 2013, South Sudan was plunged into a massive scale of violence because of the outbreak of conflict between the Sudan Liberation Army and the Sudan People Liberation Movement. The fight took an ethnic turn as soldiers from the country’s largest groups, the Dinka, and Nuer, divided their loyalties to either President Kiir or his deposed vice, Mr Machar respectively. While some civilians were caught in the cross fire, others were deliberately targeted along ethnic lines. Women are the immediate victims of this conflict because of rampant sexual abuse perpetrated against them.
AfricLaw 