For over five years the Sudanese Armed Forces (SAF) and armed rebels of the Sudan People's Liberation Movement-North (SPLM-N) have been engaged in hostilities in South Kordofan and Blue Nile states. According to the UN Office for the Coordination of Humanitarian Affairs, since June 2011 the conflict has resulted in over 1.2 million people "internally displaced or severely affected and in need of humanitarian assistance," while more than 250,000 have fled to South Sudan and Ethiopia. The government of Sudan prohibits access to South Kordofan and Blue Nile and continues to systematically obstruct aid from reaching vulnerable civilians.
The SAF has committed war crimes, including extrajudicial killings, forced displacement and widespread sexual violence against civilians in South Kordofan and Blue Nile. It has also engaged in "scorched earth" tactics, systematically targeting food sources and deliberately destroying civilian infrastructure, including health facilities. Amnesty International has reported that the SAF has perpetrated at least 30 suspected chemical weapons attacks against civilians in Darfur since January 2016. The SPLM-N has also perpetrated war crimes, including indiscriminate attacks on civilian-populated areas, alleged recruitment of children and attacks on UN personnel.
During 2016 the African Union (AU) High Level Implementation Panel (AUHIP) for Sudan proposed a Roadmap agreement to help end the conflicts in Darfur, South Kordofan and Blue Nile. The Sudanese government signed the agreement during March 2016 and during August a number of rebel groups, including the SPLM-N, also signed the Roadmap. However, the parties failed to reach an agreement regarding a permanent cessation of hostilities in South Kordofan, Blue Nile and Darfur.
During January and February 2017 the government indicated its willingness to sign a comprehensive ceasefire. However, the SAF and SPLM-N have since accused each other of breaching the agreement and perpetrating new attacks in South Kordofan.
The situation in Darfur continues to deteriorate with civilians facing ongoing inter-communal violence, as well as attacks by the SAF and Rapid Support Forces, a pro-government militia with aerial and ground support from the SAF. Heavy clashes in Jebel Marra, North Darfur, between the government and the Sudan Liberation Army-Abdul Wahid, who remain outside the peace process, led to the displacement of over 129,000 civilians during 2016. A total of 2.6 million people are now displaced in Darfur. On 31 October 2016 the UN indicated that the Sudan Liberation Army-Minni Minnawi and the Justice and Equality Movement (JEM) had announced a six-month unilateral ceasefire.
The government has systematically obstructed the AU-UN hybrid peacekeeping force in Darfur (UNAMID), tasked with a civilian protection mandate, from carrying out human rights monitoring. Since 2008 more than 70 UNAMID peacekeepers have also been killed.
The government has a history of perpetrating atrocities in Darfur and during its 1983-2005 civil war with the south. It has consistently defied external pressure to halt mass atrocity crimes. Such crimes are currently being committed in South Kordofan and Blue Nile, where patterns of violence targeting civilians for their perceived support of the SPLM-N have been witnessed for almost six years.
The UN Security Council (UNSC) and AU have failed to ensure that the government and SPLM-N honor past agreements on the cessation of hostilities and delivery of humanitarian assistance. Indiscriminate attacks on civilian areas by both the SAF and SPLM-N demonstrate an unwillingness to distinguish between combatants and civilians, actions that amount to war crimes and crimes against humanity.
Since its deployment in Darfur in 2008, UNAMID has been unable to provide adequate protection to civilians and has been systematically obstructed by the government. Ongoing inter-communal violence and SAF operations contribute to the risk of further mass atrocity crimes. The alleged use of chemical weapons and attacks on UN peacekeepers constitute possible war crimes, while restrictions on UNAMID's freedom of movement contravenes the Status of Forces Agreement between the UN and Sudan.
Not only is the government of Sudan manifestly failing to uphold its Responsibility to Protect, it is directly responsible for perpetrating mass atrocity crimes in South Kordofan, Blue Nile and Darfur.
The UNSC has adopted 63 resolutions on Sudan since 2004, most of which have not been fully implemented. The response of the international community to mass atrocities in South Kordofan and Blue Nile has been grossly inadequate.
Following a UNSC referral, in June 2005 the International Criminal Court (ICC) opened an investigation into the situation in Darfur. Between 2007 and 2014 the ICC issued arrest warrants for three Sudanese government officials, including multiple warrants for President Omar al-Bashir on charges of war crimes, crimes against humanity and genocide. The ICC also issued arrest warrants for one pro-government and two anti-government militia leaders. None of the indictees have been surrendered to the Court and the Chief Prosecutor of the ICC has repeatedly criticized the UNSC for failing to meaningfully assist in their arrest.
On 29 June the UNSC adopted Resolution 2296, which extended UNAMID's mandate until 30 June 2017. The resolution emphasized that those responsible for violations of international humanitarian law (IHL) and abuses of human rights must be held accountable and that the government of Sudan "bears the primary responsibility to protect civilians within its territory and subject to its jurisdiction, including protection from crimes against humanity and war crimes."
In 2005 the UNSC established a Sanctions Committee for Sudan pursuant to resolution 1591. On 8 February the UNSC extended the mandate of the Panel of Experts responsible for monitoring the implementation of sanctions for an additional year, recalling that the government "bears the primary responsibility for protecting all populations within its territory."
After more than 10 years and 63 resolutions it is time for the UNSC and other UN member states to review their entire approach to endemic conflict and ongoing atrocities in Sudan. The UNSC should immediately expand the arms embargo on Darfur to include South Kordofan and Blue Nile.
The government, SPLM-N and other parties must abide by the AUHIP Roadmap and cease all armed hostilities in Darfur, South Kordofan and Blue Nile. The UNSC and AU should ensure the government and SPLM-N facilitate the delivery of humanitarian assistance, as stipulated in the Roadmap, 2011 Framework Agreement and 2012 cooperation agreements. The UNSC should mandate the establishment of an independent international commission of inquiry for South Kordofan and Blue Nile and actively support efforts to bring ICC indictees to justice.
States with major investments in Sudan, including China, Qatar, Iran and Saudi Arabia, should press the government to fulfill its commitments. The UNSC should ensure that violators of the arms embargo are held to account.
States parties to the Rome Statute of the International Criminal Court should deny entry to their country for President Omar al-Bashir, or should comply with the ICC warrants and arrest him.
Last Updated: 14 April 2017