SalaaMedia Report
The Independent Fact-Finding Mission in Sudan issued its report after seven months of searching and information gathering on the facts, circumstances and root causes of alleged violations and abuses of human rights and international humanitarian law, and related crimes committed by the two warring parties and their respective alliances. However, immediately after the report was issued, the government announced its rejection of its contents in full, accusing it of lack of professionalism and independence. Meanwhile, the Rapid Support Forces described the report’s findings as unbalanced, and said in a statement that the Mission did not visit the areas under its control, yet called for extending the Mission’s mandate.
Mission Methodology
The Mission followed the methodology of face-to-face and online interviews with Sudanese community leaders, civil society organizations, victims and survivors in each of (Chad, Uganda, Kenya, and Switzerland). It also contacted the Central African Republic, Chad, Egypt, Ethiopia, Kenya, South Sudan and Uganda; with the aim of obtaining their cooperation and granting it access to Sudanese present in their territories to collect information, knowing that it did not receive a response from the Sudanese government when it requested to visit Sudan.
Investigation Results
The Mission concluded in its report that both warring parties in Sudan committed war crimes and crimes against humanity, which constitutes a violation of international humanitarian law and the International Covenant on Human Rights mission.
Recommendations
The Mission recommended in its report the deployment of an independent and neutral force tasked with protecting civilians, expanding the scope of the arms embrago to include all of Sudan, and obligating international and regional actors to abide by UN Security Council Resolution 1556 on the arms embargo in Darfur and subsequent resolutions. It also recommended that the Security Council expand the jurisdiction of the International Criminal Court to include all of Sudan; and urgently consider establishing a separate international judicial mechanism that works alongside International Criminal Court; and explore other paths to justice to ensure accountability for perpetrators at all levels
Internal Reactions
More than 60 Sudanese human rights professional and civil society organizations launched a campaign calling for the extension of the Mission’s mandate – which will end according to the decision to form it – once it submits its report to the United Nations Human Rights Council on September, 12, 2024. The entities sent letters to 46 permanent member states and observers of the Human Rights Council; including demands that these states vote in favor of extending the Mission’s mandate for another year. They also sent an open letter to the Human Rights Council Secretariat, calling on the Council to unanimously vote to keep the Mission and extend its mandate. The Coordination of Civil Democratic Force (Taqaddom) announced its support for extending the Mission’s work to complete its investigations and uncover the violations committed against civilians as a result of the conflict.
Parties of the Conflict
The Sudanese government rejected the report in its entirety, according to a statement issued by its Ministry of Foreign Affairs; in which it said that the Mission lacks professionalism and independence, claiming that it is a political and not a legal body. The Sudanese government’s rejection of the report reinforces its position rejecting the mission since its formation.
While the Rapid Support Forces claimed in a statement that it was the first to call for the formation of a fact-finding committee, and that it expressed its readiness to support that committee, expressing its readiness to meet with members of the Mission, coordinate the exchange of information, and address specific allegations contained in the report. It is worth noting that the Mission did not visit the areas under the control of the Rapid Support Forces to conduct the investigations on the ground.
External Reactions
External reactions welcomed the report, as the European Union issued a statement praising the Mission’s work, stressing the need to hold perpetrators accountable and prevent impunity. In addition, Tom Perillo, the United State Special Envoy to Sudan, confirmed that the United States supports the work fact-finding Mission, and described the fact-finding Mission report – in and interview with (SBC) – as an important document. He stated that the voice of the Sudanese people demanding the intervention of peacekeeping forces has become louder, but he ruled out the deployment of and international force, indicating that there is an option to send a force from the African Union.
Implementation of the Mission’s Recommendations
Despite the varying internal and external reactions to the Fact-Finding Mission’s report, and through reviewing the recommendations contained in the report, the Security Council’s decision in its last session regarding the report did not refer to implementing all of those recommendations, and was limited to a unanimous decision to extend the arms embargo on Darfur and renew individual sanctions until September 12, 2025.
Reading the report, comparing it with internal and external reactions and the recent Security Council resolution, we find that the Security Council did not adopt the recommendations of the Mission report, but rather extended its previous resolution on the arms embargo in Darfur and the imposition of individual sanctions, despite some reactions calling for the implementation of the Mission’s recommendations and the extension of its mandate.