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.
The violation of fair trial rights: Analysing summary executions of the alleged RSF collaborators by the Sudanese Armed Forces
Posted: 21 February, 2025 Filed under: Razan E H Ali | Tags: armed conflicts, bridge throwing, cruel treatment, diplomatic tensions, extrajudicial killings, Geneva Conventions, human rights violations, humanitarian assistance, humiliating treatment, international human rights law, International Humanitarian Law, maiming, retaliatory violence, Sudan, Sudanese Armed Forces, Sudanese domestic law, Sudanese refugees, summary executions, throat slitting, Wad Madani 1 Comment
Author: Razan Ali
Centre for Human Rights, University of Pretoria
The recapture of Wad Madani, the capital city of Al Jazeera state, by the Sudanese Armed Forces (SAF) in January 2025 after 11 months of the Rapid Support Forces (RSF) control initially sparked celebrations among Sudanese people both domestically and in the diaspora.[1] However, these celebrations were quickly overshadowed by the widespread circulation of videos documenting SAF members conducting summary executions of civilians through methods including throat slitting, bridge throwing, and shooting.[2]
These human rights violations extended beyond Sudanese nationals to include South Sudanese citizens, triggering diplomatic tensions and retaliatory violence against Sudanese refugees in Juba, the capital of South Sudan.[3] Some supporters attempted to justify these killings by claiming the victims were RSF collaborators, despite the fact that the civilian population had been under siege for over a year, making interaction with RSF forces virtually unavoidable for survival.[4]
This article examines the legality of these extrajudicial killings through the lens of three legal frameworks: international humanitarian law, international human rights law, and Sudanese domestic law.
The Changing Nature of Conflicts is putting a new strain on Human Rights
Posted: 31 January, 2025 Filed under: Michael Aboneka | Tags: abduction, adequate nutrition, Boko Haram, conflict, Convention on the Rights of the Children, DRC, education, Ethiopia, forced displacement, gross human rights violations, Israel-Hezbollah, livelihood, property, right to food, sexual violence, Somalia, Starvation, starvation tactic, Sudan, violence against children 2 Comments
Author: Michael Aboneka
Advocate of the Courts of Judicature of Uganda
There is a new shift from the conventional war of state-to-state confrontations to new forms of conflict with no clear boundaries between military and civilian spheres.[1] According to the Alert 2024 Report, 2023 recorded 36 armed conflicts the highest ever since 2014 with new cases in Ethiopia, Somalia, DRC, Sudan and Israel-Hezbollah.[2] This article explores how these new forms of conflicts have increased starvation, forced displacement and violence against children, in the face of increasing rise of non-state actors involved in conflict.
Relearning conflict-related sexual violence: expanding the lens of violence
Posted: 16 January, 2025 Filed under: Lesego Sekhu, Namatirayi Ngwasha | Tags: conflict-related sexual violence, gender-based violence, human rights violations, humanitarian crises, intimate partner violence, IPV, militia, Palestine, peacebuilding efforts, post-conflict IPV, rebels, sexual violence, soldiers, South Sudan, Sudan, the Central African Republic, the Democratic Republic of the Congo, Transitional Justice, Uganda, Ukraine 1 Comment
Author: Lesego Sekhu
Research Assistant, Centre for the Study of Violence and Reconciliation
Given the severity of conflict-related sexual violence during intra-state and inter-state conflicts in the last decade, transitional justice and peacebuilding efforts have directed resources to investigating this form of sexual and gender-based violence. They aim to create measures to both prevent and address the consequences of these atrocities. Notwithstanding the intention, the conventional understanding of conflict-related sexual violence is flawed and neglects the continuities and diversity of violence that permits continued impunity for sexual and gender-based violence during conflict.
Internet Shutdowns in Sudan: From Authoritarian Tool to Weapon of War
Posted: 30 August, 2024 Filed under: Razan E H Ali | Tags: censor information, civil unrest, control, displacement, dissent, elections, electoral fraud, electronic communication services, freedom of expression and access to information on the Internet, human rights violations, humanitarian crisis, internet blackout, internet shutdowns, Model Law, national security, periods of conflict, political transition, refugees, Sudan, war-related information Leave a comment
Author: Razan E H Ali
LLM Candidate, Centre for Human Rights, University of Pretoria
Introduction
Internet shutdown or blockage means the deliberate suspension or termination of internet and electronic communication services, making them inaccessible or practically inoperable for a particular group of people or geographic area, usually to control the flow of information.[1]
This exercise has been used by governments as a tool to suppress dissent, censor information, conceal serious infringements of individual rights, and evade accountability for human rights violations, especially during periods of conflict, civil unrest, and contested political transitions.[2]
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.
Reclaiming African Traditions in Transitional Justice: With Some Reflections on Sudan
Posted: 15 June, 2023 Filed under: Bobuin Jr Valery Gemandze Oben | Tags: African traditions, African Union Transitional Justice Policy, Africaness, authoritarian rule, democratic consolidation, democratic transition, institutional mechanisms, military coup, Omar Al Bashar, ransitional Justice, Rapid Support Forces, Sovereign Council, Sudan, Sudanese Armed Forces, Truth Commissions, violent extremism Leave a comment
Author: Bobuin Jr Valery Gemandze Oben
Advocacy Specialist, Centre for the Study of Violence and Reconciliation
Introduction
Following the much heralded third wave of democratisation which swept across Africa in the 1990’s, there was optimism that the continent was making a conscious and considerable shift towards democratic consolidation founded on the rule of law and the respect for human rights. Fast-forward almost three decades later and the major headlines across the continent portray conflict, instability and authoritarianism. April was Freedom Month in South Africa, commemorating the first democratic elections held in the country in 1994. As time goes by, much significance has been attached to these celebrations as it reflects the country’s journey towards justice, equality, and dignity from a divisive apartheid-construed society. Transitional justice played a key role in this journey. Most importantly its tools could be used to address conflict, violent extremism and authoritarian rule, issues which are currently plaguing the continent. One of such situations is the ongoing conflict in Sudan between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF) which degenerated in April.
A quest for better protection: Sudanese women today
Posted: 11 November, 2021 Filed under: Dunia Mekonnen Tegegn | Tags: (VAWG), African Protocol on Women’s Rights, arbitrarily arrest, CEDAW, child custody, child marriage, conflict areas, displacement, divorce, human rights, immoral behavior, International Covenant on Civil and Political Rights, Islamic fundamentalists, Jebril Ibrahim, knee length skirts, lack of protection, marriage, Muslim Personal Law, Political commitment, public disgrace, Public Order Police Officers, sexual abuse, sharia law, social media, Sudan, tribal and militia violence, Violence Against Women Act, Violence against Women and Girls, wearing trousers, women rights violations Leave a comment
Author: Dunia Mekonnen Tegegn
Human Rights Lawyer and Gender equality advocate
Violence against Women and Girls (VAWG) is regarded as a prevalent and critical hindering factor for human development and peace-building in Sudan. Prior to the revolution, Sudanese women used to face a daily risk of being arbitrarily arrested in public or private places for “indecent or immoral behavior or dress.” Public Order Police Officers in Sudan had the power to decide what is decent and what is not. In most cases women are arrested for wearing trousers or knee length skirts.[1] Though in 2019, the transitional Sudanese government rescinded the public order laws that governed women’s presence in public spaces, resulting in arbitrary arrests and ill-treatment, Sudan still needs to change other aspects of the public order regime that has a discriminatory effect on women.
Sudan is a party to the International Covenant on Civil and Political Rights. Though the Sudanese government approved the ratification of CEDAW and the African Protocol on Women’s Rights following years of demands from Sudanese women, the ratification of CEDAW came with reservations on the articles number 2, 16 and 1/29, which is a clear violation of the rule that prevents reservations that defeat the essential elements and goals of human rights covenants.
Why Angola should ratify the African Protocol on the Rights of Persons with Disabilities: Beyond the legal imperative
Posted: 11 August, 2021 Filed under: Eduardo Kapapelo | Tags: Africa, African Disability Rights Protocol, African Protocol on the rights of Persons with Disabilities, Angola, ‘shellshock’, civil war, constitutional law, disability, disability rights, human rights, human rights violations, intellectual disabilities, Kalashnikov, military casualties, post-conflict, post-conflict state, psychological, psychology, PTSD, rule of law, shellshock, social norms, Sudan, Syria, trauma, Vietnam, violence, violent conflict, war, World War II, Yemen Leave a comment
Author: Eduardo Kapapelo
Centre for Human Rights, University of Pretoria
One of the main objectives of international and regional law is to ensure the widest scope of human rights and welfare. It has been reasoned that when the physical and mental health of individuals is promoted and safeguarded societies have a better chance of establishing peaceful societies in the aftermath of violent conflict.
Some of the earliest literature has identified that a significant proportion of military casualties are psychological. Such literature which has focused heavily from the perspective of soldiers who have had to fight and ultimately kill on the battlefield to a large extent neglected to adopt a wider scope – to include the civilian population who often receives the brunt of such violence in war-time.
Reflecting on the South Sudan we want: 10 years on after independence
Posted: 23 July, 2021 Filed under: Joseph Geng Akech | Tags: 10 years, accountability, Armed Struggle, Commission for Truth, Compensation and Reparation Authority, conflict, constitutional democracy, corruption, dream nation, human rights, inclusive, independence, justice, liberty, non-violent, peace, pluralistic, prosperity, Reconciliation and Healing, rule of law, silencing the guns, South Sudan, South Sudan we want, SPLM/A, Sudan, Sudan People’s Liberation Movement/Army, underdevelopment, war 2 Comments
Author: Joseph Geng Akech
South Sudanese human rights lawyer and LLD candidate, University of Pretoria, South Africa
Summary
New nations struggle to find their route to stability, and they have the opportunity to learn from those which have already travelled the path towards nation-building. The birth of South Sudan was received with joy, far and wide, as it emerged out of decades of sacrifices for principles that every South Sudanese believe in – justice, liberty and prosperity. The hard-won new State was born with much hope, but it rapidly became a monster of its own making. Consumed by senseless wars, endemic corruption and underdevelopment – iniquities which fomented popular resistance and drove the need for secession.
AfricLaw 