Opinion

The world has a solid legal foundation if it wishes to find a solution to the Sudanese crisis

Foreign Minister Hussein Awad Ali

In the first part of this article, I discussed the inadequate response of the international community so far to the aggressive war by the Rapid Support Forces militia and the external parties supporting them against the Sudanese people and the Sudanese state (Rebranding the Janjaweed: Why do the international community’s calls to support the Rapid Support Forces fall on deaf ears?). I explain below that international law provides a solid foundation for a peaceful solution to the Sudanese crisis.

The right of a state to defend itself and its citizens is a fundamental principle of international law and the United Nations Charter. This right is not just a privilege, but a duty that states must exercise to protect their sovereignty and the well-being of their people. However, as global conflicts evolve, we must focus on the grave atrocities committed by non-state actors, such as terrorist groups, criminal organizations, and militias. The Rapid Support Forces, formerly known as the Janjaweed in Sudan, embody all three of these categories.

Unfortunately, institutions tasked with upholding international law often unintentionally undermine state sovereignty, which is the cornerstone of the international system. This happens when non-state actors are granted the same legitimacy as sovereign states and their institutions. Moreover, issues of justice, human rights, and humanitarian law have become increasingly politicized.

The recent report by the United Nations Human Rights Council’s Fact-Finding Mission on Sudan is an example of this. This report documents unprecedented atrocities and serious violations of international humanitarian law committed by the militias, including war crimes, crimes against humanity, sexual violence, slavery, and child recruitment.

However, in a challenge to logic and justice, the mission calls for an arms embargo that includes the Sudanese Armed Forces—the national army defending the people of Sudan against these brutal militias. In other words, it calls for depriving the Sudanese people and state of the most basic fundamental rights and duties: self-defense in the face of what amounts to a foreign invasion of the country.

**Common Features of Terrorism**
The Rapid Support Forces militia shares three main features with terrorist organizations: an extremist and exclusionary ideology, transnational extensions, and random brutality, particularly towards civilians and women. While the ethnic and gender-based violence perpetrated by the militia is well-documented, other forms of violence that categorize it as a terrorist group have received less attention.

The militia’s extreme violence stems from a racial superiority ideology that seeks to create an exclusive homeland for Arab tribes from Darfur and the Sahel, often referred to as the “diaspora Arabs.” To achieve this, the militia expels local populations in fertile areas such as Darfur, Kordofan, Al Jazeera, and Sennar to resettle these Arab nomads.

**Racial Extremism**
Few media outlets have highlighted the dangers of this project. Prominent Sudanese writer Osman Mirghani, former deputy editor-in-chief of the Arabic newspaper Asharq Al-Awsat, among others, has warned of the far-reaching consequences of this scheme for the entire region. Joint investigations conducted by Sky News, Lighthouse Reporters, The Washington Post, and Le Monde have revealed a systematic pattern of ethnic cleansing by the Rapid Support Forces, whose fighters chant slogans like “Victory for the Arabs.”

Social media is flooded with videos of young Arabs from the Sahel region celebrating the perceived military successes of the Rapid Support Forces in Darfur and other areas, with prominent figures from these communities publicly praising their “rising leader” Hemedti.

Renowned Horn of Africa expert Alex de Waal, early in the conflict, noted that “the Rapid Support Forces are now a transnational private mercenary institution,” capable of turning Sudan into a subsidiary of this project if left unchecked. The militia has become increasingly reliant on mercenaries and Arab tribesmen after suffering significant human losses.

**International Response and Accountability**
In contrast to the international community’s response to the threat posed by ISIS and similar groups, it has downplayed the threat posed by the Rapid Support Forces/Janjaweed militia. Even more concerning is the continued support from some actors, whether governments or non-governmental entities, providing military assistance to the militia, enabling them to commit atrocities with impunity. This issue extends beyond Sudan; it is an international concern requiring a unified and principled response.

Criminals do not submit to the law voluntarily, so states employ law enforcement powers to protect themselves. Although some scholars describe the international system as “anarchic” due to the lack of a globally recognized supreme authority, international law, the United Nations system, and other regional organizations remain crucial. Without them, we risk descending into chaos.

**Values vs. Political Pragmatism**
It is unfortunate that many states prioritize their narrow national interests over universal values, especially regarding condemning crimes against civilians and preventing the recruitment of mercenaries. This selective approach undermines the foundations of international justice and human rights. The world must not ignore the suffering of the Sudanese people for political or economic gains.

The path to lasting peace in Sudan requires a new approach in dealing with the Rapid Support Forces militia. The international community must treat this militia as it does other similar extremist organizations, not only through unequivocal condemnation but also by taking concrete actions to hold its leaders, financiers, and sponsors accountable. Priority must be given to cutting off the militia’s supply of arms and mercenaries.

Additionally, the international community must support Sudan in establishing a comprehensive peace process that encourages dialogue among all stakeholders, strengthens state institutions, and promotes respect for human rights and the rule of law.
The Sudanese people deserve a future free from violence and oppression, a future that can only be achieved through genuine commitment to peace and justice. It is time for the world to stand with the Sudanese people and demand accountability for those committing atrocities.
Peace and lasting stability in Sudan can only be achieved through a unified and principled effort. The country’s future depends on our collective resolve to support justice, human rights, and the rule of law.

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