No Equivalence Between the Rapid Support Forces (RSF/Janjaweed) and the Sudanese Joint Forces: Legal Report

 

Legal Report

No Equivalence Between the Rapid Support Forces (RSF/Janjaweed) and the Sudanese Joint Forces

Issued by: Truth and Knowledge Center for Human Rights
Prepared by: Al-Krty| Human Rights Activist
Date: 30-01-2026

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I. Methodological Introduction

The Truth and Knowledge Center affirms that no comparison whatsoever can be made—legally, factually, or morally—between the Rapid Support Forces (RSF), historically rooted in the Janjaweed militias, and the Sudanese Joint Forces led by Mr. Arko Minni Minnawi.

This assessment is grounded in:

• Patterns of conduct on the ground,

• Respect for International Humanitarian Law (IHL),

• Compliance with the principles of distinction, proportionality, and military necessity, and

• Verified documentation of crimes and victim testimonies.

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II. The Sudanese Joint Forces: Compliance with International Law

Based on available field reports, testimonies, and independent monitoring:

• There is no documented pattern of systematic attacks by the Sudanese Joint Forces against civilians not taking part in hostilities.

• No verified evidence exists of ethnic-based killings, collective punishment, or attacks targeting communities as such.

• The Joint Forces have not engaged in mass atrocities, sexual violence, starvation of civilians, or forced displacement as a policy or practice.

• Their conduct demonstrates respect for the right to life, non-discrimination, and the core obligations under IHL.

The Center emphasizes that this finding does not preclude individual accountability should substantiated allegations arise in the future; rather, it reflects the absence of a systematic or policy-driven pattern of abuse.

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III. The RSF/Janjaweed: A Record of Systematic Crimes Since 2002

In stark contrast, the RSF and its predecessor Janjaweed militias have maintained a consistent and well-documented pattern of grave international crimes since 2002.

1. Darfur (2002–2005)

• Large-scale killings of civilians,

• Destruction and burning of villages,

• Forced displacement of millions,

• Widespread and systematic sexual violence against women and girls,

• Looting and destruction of livelihoods.

These crimes formed the basis of international investigations and referrals to the International Criminal Court (ICC).

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2. El Geneina: Massacres Against the Masalit Community

• Coordinated attacks on residential areas and displacement camps,

• Killings conducted explicitly on the basis of ethnic identity,

• Reports of summary executions, mass graves, and enforced disappearances,

• Systematic looting and destruction of civilian property.

These acts constitute crimes against humanity and may amount to genocide under Article II of the Genocide Convention when accompanied by intent.

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3. Zamzam Displacement Camp

• Attacks on internally displaced civilians, including women and children,

• Killings, serious bodily harm, and terrorization of the displaced population,

• Obstruction of humanitarian assistance,

• Credible reports of sexual and gender-based violence.

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4. El Fasher

• Siege tactics, starvation of civilians, and deliberate targeting of neighborhoods,

• Ethnically motivated killings and forced displacement,

• Arbitrary detention and summary executions,

• Destruction of the city’s social fabric and civilian infrastructure.

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IV. Legal Qualification of the Crimes

The documented conduct of the RSF/Janjaweed fulfills the legal elements of:

• War Crimes, under Article 8 of the Rome Statute;

• Crimes Against Humanity, under Article 7, including murder, extermination, rape, persecution, and forcible transfer;

• Genocide, where intent to destroy, in whole or in part, protected ethnic groups can be established.

Commanders and political sponsors bear individual and superior responsibility for ordering, facilitating, or failing to prevent these crimes.

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V. Conclusion

There is no legal, factual, or moral equivalence between:

• A force whose conduct shows respect for civilian protection and international law, and

• A militia with a long-standing, documented history of mass atrocities, ethnic targeting, and crimes of the highest gravity under international law.

Any attempt to conflate these actors constitutes a distortion of legal reality and undermines accountability for victims.

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VI. Recommendations

1. Support independent international investigations and evidence preservation mechanisms.

2. Ensure immediate protection of civilians and unhindered humanitarian access.

3. Pursue criminal accountability for RSF leadership and affiliated perpetrators before international and domestic courts exercising universal jurisdiction.

4. Distinguish clearly, in diplomatic and media discourse, between actors based on documented conduct and legal standards, not political narratives.

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Truth and Knowledge Center for Human Rights
Al-Krty| Human Rights Activist

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