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Sudan

Findings of the investigations conducted by the Independent International Fact-Finding Mission for the Sudan (A/HRC/57/CRP.6)

Attachments

Findings of the investigations conducted by the Independent International Fact-Finding Mission for the Sudan into violations of international human rights law and international humanitarian law, and related crimes, committed in the Sudan in the context of the conflict that erupted in mid-April 2023*

Summary

The conflict that erupted in mid-April 2023 in the Sudan, now in its second year, continues to have a severe impact on civilians. It has engulfed most of the Sudan, resulting in thousands of killings, injuries, extensive displacement and destruction of residential homes, hospitals, schools and other critical infrastructure. The evidence collected by the Fact-Finding Mission shows that both the Sudanese Armed Forces (SAF) and the Rapid Response Forces (RSF), and their respective allied militias, have committed large-scale human rights and international humanitarian law violations, many of which may amount to war crimes and/or crimes against humanity.

Both the SAF and the RSF have attacked civilians and civilian objects, including through airstrikes and heavy artillery shelling in densely populated areas, notably in Khartoum and Darfur. Both are responsible for violating children’s rights, including through killing and maiming. Both have engaged in a pattern of arbitrary arrest and detention as well as torture and ill-treatment in areas under their control, also amounting to war crimes. Both have imposed broad internet shutdowns and curtailed freedom of information and expression, including through attacks on media, journalists and human rights defenders. Both obstructed access to humanitarian aid for civilians in need.

The RSF and its allied militias have also committed other war crimes and crimes against humanity. These include widespread sexual and gender-based violence, rape, sexual slavery, abduction, and recruitment and use of children in hostilities. The RSF and its allied militias have also systematically engaged in pillage and looting. They have further committed large-scale attacks based on intersecting ethnicity and gender grounds, especially against the Masalit community in El Geneina, including killings, torture, rape, and other forms of sexual violence, amounting to persecution.

The situation remains grim as the conflict rages on, causing civilians immense suffering.
More than 10.7 million are displaced, and 2.1 million have fled the country. Nearly half of the population (25.6 million) is facing hunger.

To protect civilians in the Sudan and prevent further violations, the Fact-Finding Mission has made a number of urgent recommendations, including the following:

(i) an immediate and sustainable ceasefire;

(ii) effective delivery of humanitarian assistance;

(iii) deployment of an independent and impartial force with a mandate to protect civilians in the Sudan;

(iv) compliance with the existing arms embargo imposed in Darfur pursuant to Security Council Resolution 1556 (2004) and the expansion of this embargo to cover the whole of the Sudan;

(v) increased financial and other support for the refugees and the host communities;

(vi) ending sexual violence, and enabling women, and youth to meaningfully participate in any peace negotiations or initiatives;

(vii) protecting children and ending their recruitment and use in the conflict; (viii) pursuing a comprehensive approach to transitional justice based on inclusive dialogue and genuine consultations;

(ix) expanding the existing jurisdiction of the International Criminal Court over Darfur to cover the entire Sudan; Sudan should cooperate with the Court through surrendering to it all indicted persons, including former President Omar AlBashir;

(x) establishing a separate international judicial mechanism working in tandem and complementarity with the International Criminal Court, as well as a truth commission, and a dedicated victim’s support and reparations office.

The Fact-Finding Mission applauded the various efforts to bring the warring parties to the table and urged that its findings and recommendations be taken into account during any peace negotiations.