Sudan: Legal Expert Calls for Activating International Litigation Mechanisms to Hold Militia and Supporters Accountable

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Legal expert Dr. Mohamed Al-Zain stressed the importance of activating international litigation mechanisms and holding accountable those responsible for violations committed by the Rapid Support Forces (RSF) militia since 15 April 2023, as well as its supporters, which fall under the classifications of war crimes and genocide. He emphasized the importance of integrating official, popular, and media efforts to support the path of international justice.

Speaking at the 62nd briefing conference of the Ministry of Culture, Information, Tourism and Antiquities, organized by the Sudan News Agency (SUNA) on Monday at the Omdurman Cultural Center, Dr. Al-Zain highlighted the importance of understanding the true nature of the war and its legal and political contexts. He said the war launched by the militia is not a conflict between two parties, but rather a war for national dignity and a battle for the survival of the Sudanese state. He explained that its legal characterization falls within the framework of aggression against the state, the Sudanese people, and national resources.

He added that the war targets, in addition to infrastructure, Sudanese identity and social memory. Keep up with the latest headlines on WhatsApp | LinkedIn

Dr. Al-Zain called for addressing these realities through a comprehensive vision based on legal and media awareness, contributing to exposing the nature of violations and refuting misleading narratives. In his remarks, Dr. Al-Zain addressed the definitions of war crimes and genocide in relation to actions carried out by the militia and its supporters from some neighboring countries and the United Arab Emirates (UAE), as well as the international litigation mechanisms that follow and the role of lawyers and civil society organizations in supporting state efforts to achieve international justice. He noted that the actions carried out by the militia in Sudan represent a clear example of war crimes, including the systematic targeting of civilians through killing, looting, rape, and the destruction of civilian property.

He added that these crimes differ in their legal classification from ordinary criminal offenses. The legal expert explained that genocide is defined as systematic policies targeting specific groups on ethnic grounds, pointing out that the violations committed by the militia in Darfur against citizens in El-Fashir and the Masalit community in El-Geneina fall within this framework.

Al-Zain affirmed that Sudan has witnessed, since the outbreak of the war on 15 April 2023 launched by the militia, widespread targeting of people, property, and infrastructure, including health and service facilities, adding that such acts fall under international crimes requiring accountability under international law. Sign up for free AllAfrica Newsletters
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Regarding international litigation, he explained that there is a distinction between the International Court of Justice (ICJ) and the International Criminal Court (ICC), noting that the former handles disputes between states, while the latter prosecutes individuals responsible for international crimes. He revealed that a complaint was submitted to the International Criminal Court in January 2024, in cooperation with a number of legal professionals, against Mohammed bin Zayed, Mohamed Kaka, Mohamed Hamdan Dagalo (Hemedti), and others, as part of what he described as “strategic litigation” aimed at using international legal mechanisms to hold those involved accountable. Dr. Al-Zain stressed that the next phase requires close coordination between the state, civil society organizations, and legal bodies to strengthen opportunities for achieving justice, ensuring redress for victims, and pursuing perpetrators of violations by the militia and its supporters in accordance with international legal frameworks.

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