Sudan: The Human Rights Emergency in Darfur

Since 2003, massive violations of human rights and humanitarian law have been committed in Darfur. Civilians have been victims of mass killings and rape, villages have been burned, and they have been forced to flee for their lives.

The conflict in Darfur is rooted in long-term disputes over resources between farmers and herders. This conflict grew out of opposition to the Sudanese government by two rebel groups, the Sudan Liberation Army (SLA) and the Justice and Equality Movement (JEM), which primarily draw their support from the Fur, Masalit and Zaghawa ethnic groups. The stated political aim of the SLA and the JEM has been to compel the government of Sudan to address underdevelopment and the political marginalization of non-Arabs in Darfur. In response, the Sudanese government’s regular armed forces and a government-sponsored militia known as the Janjaweed – largely composed of fighters of Arab background – have targeted civilian populations suspected of supporting the rebels.

Accountability for Crimes in Sudan

In January 2005, the International Commission of Inquiry on Darfur, which was appointed by the United Nations, found that crimes against humanity and war crimes have been committed in Darfur by the Government of Sudan and the Janjaweed militia forces. The Commission also found that rebel forces opposed to the government have committed war crimes in the region.

Based on these findings, the U.N. Security Council decided on March 31, 2005 to refer the situation in Darfur to the International Criminal Court (ICC), thereby authorizing the Court to hold accountable those responsible for grave crimes in the region.

On June 6, 2005, following an independent analysis of whether the Darfur situation meets the legal requirements for ICC jurisdiction, the ICC Prosecutor announced his decision to open an investigation into the situation in the region.

Tragically, the Government of Sudan has failed to take any serious action to end impunity for the grave crimes committed in Darfur. In addition, the Sudanese government has shown little willingness to stop targeting human rights defenders who are working to disseminate news about mass atrocities in Darfur to the outside world. Incidents have included the arrest and detention of human rights lawyers, individuals who met with Red Cross representatives and African Union personnel, and others who spoke out about the conflict.

Civilians in Darfur also remain vulnerable to attack and desperately require the protection of outside forces, such as those of the African Union. But the protection that exists is totally inadequate. As of April 28, 2005, the African Union has only been able to deploy 2,372 military and police in Darfur, which is a region the size of France. Moreover, these forces lack a strong mandate to protect civilians; their primary role is to be ceasefire monitors.