By Malaika Grafe | Maastricht U. Faculty of Law, NL
July 30, 2024
Credits @FFHR.CZ
Human Rights Watch (HRW) revealed an extensive report on sexual violence perpetrated by the Rapid Support Forces (RSF) in Khartoum, Sudan, amounting to war crimes and crimes against humanity. The report, titled “Khartoum is not Safe for Women!” details incidents of sexual violence in Khartoum, Bahri, and Omdurman based on testimonies from healthcare workers, social workers, counsellors, lawyers, and emergency response volunteers.
HRW’s report documents the widespread sexual violence mainly inflicted on women and girls aged 9 to 60, such as rape and gang rape, or forced marriages, including child marriages. Men and boys are also reported among the victims of sexual violence. Survivors face significant barriers to accessing essential emergency healthcare, such as emergency contraception, preventative treatment for HIV, and access to abortion. This also includes psychosocial support, given the cultural stigma associated with rape. These obstacles are exacerbated by attacks on healthcare facilities and personnel, restrictions on civilian movement considering the ongoing conflict in populated areas, and the deliberate obstruction of aid.
The collapse of police and judicial systems in Khartoum since the conflict’s onset has further impeded access to medical care, including legal abortions for rape survivors, which require a police report under Section 135 of the 1991 Criminal Procedures Act.
HRW’s report highlights that under international law, acts such as rape, forced marriage, or forced pregnancies constitute torture or war crimes and may also be considered crimes against humanity if committed as part of a widespread and systematic attack on a civilian population. Furthermore, international humanitarian law stipulates that access to healthcare and healthcare facilities must be protected in wartime.
The military conflict broke out in April 2023, between the paramilitary RSF and the Sudan Armed Forces (SAF). The International Organization for Migration (IOM) estimates that over 10 million civilians, accounting for more than 20 percent of Sudan’s population, have been displaced by the conflict. Many have fled to neighbouring countries such as Chad, South Sudan, and Egypt.
Both the RSF and the SAF have been accused of violations of international human rights and humanitarian law, including the targeting of civilians, sexual violence, and ethnically motivated attacks, based on an Independent Fact-Finding Mission for Sudan established by the Human Rights Council in October 2023.
HRW’s report calls for increased international donor funding for protection and gender-based violence responses and more support from the UN Security Council, the UN Human Rights Council and neighbouring states for the FFM. The International Criminal Court (ICC) has jurisdiction over Sudan’s Darfur region. It is currently investigating war crimes, including instances of murder, rape, and the destruction of civilian property by both the SAF and RSF.
Source: jurist.org
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