الإنتهاكات الفاضحة ضد القانون الإنسانى الدولى والقانون الدولى لحقوق الإنسان - الجماعات الإسلامية المتطرفة بما فيها كتائب البراءة بن مالك من جهة وقوات الدعم السريع من جهة اخرى وذلك منذ 15 إبريل 2023م وحت كتابة هذا التقرير - ملخص الكرتى

 

Legal framework: International legal framework A non-international armed conflict is ongoingin Sudan between the Sudanese Armed Forces and the Rapid Support Forces. Consequently, international human rights law and international humanitarian law apply concurrently.

1.       International humanitarian law Sudan is party to the four Geneva Conventions of 1949 and the 1977 Additional Protocol (II) to the Geneva Conventions. Consequently, Common Article 3 to the Geneva Conventions and the Additional Protocol (II) apply to the situation. In addition, rules of customary international humanitarian law are applicable. International humanitarian law governs the conduct of hostilities, limiting the means and methods of, and protects persons who do not, or no longer, participate in the hostilities. Medical and religious personnel and objects, as well as humanitarian relief personnel and objects, in addition to children, are granted special protection under international humanitarian law

The parties to a conflict must respect international humanitarian law, including precaution, distinction, and proportionality. When launching an attack, they must always distinguish between civilians, those taking direct part in hostilities, civilian objects, and military objectives.

2.    International human rights law As a party to several international human rights treaties, Sudan must respect and ensure human rights established in these treaties to all individuals in its territory and subject to its jurisdiction[1]. It includes the obligation to exercise due diligence and do everything to protect all persons against threats to the enjoyment of human rights posed by armed groups and other non-state actors.Where armed groups and other non-state actors exercise government-like functions and control over a territory, they must respect human rights standards under customary international law when their conduct affects the human rights of individuals under their control.

3.      International criminal law: Sudan has signed but not yet ratified the Rome Statute, so it is not a State Party. However, the International Criminal Court has jurisdiction over crimes listed in the Rome Statute committed in Darfur by virtue of the United Nations Security Council Referral on 31 March 2005, through which the situation prevailing in Darfur since 1 July 2002 was referred to the International Criminal Court prosecutor.

National legal framework: The relevant national legal framework has not changed since the previous report. State of emergency:The previous report sets out the State’s obligations under international human rights law regarding states of emergency and comments on national legislation regarding states of emergency.Although a nationwide state of emergency has not been declared since the conflict broke out, states of emergency were imposed or renewed in Blue Nile, East Darfur, El-Jazirah, Gedaref, Kassala, Khartoum, Kordofan, Red Sea, River Nile, Sennar and West Darfur States, which remain in force and disproportionately restricted people’s human rights.  

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