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World confronts an ‘ugly and inescapable truth’ in Darfur
by Karim Khan
Prosecutor, International Criminal Court (ICC)
Sudan
 
11 Apr. 2024
 
Sudan’s warring parties must commit to an immediate cease-fire, end attacks on civilians and ensure unimpeded access to humanitarian assistance for millions of people in desperate need of aid, the UN Fact-Finding Mission on Sudan said today, as the deadly conflict edges into its second year.
 
Fighting between the Sudanese Armed Forces and the Rapid Support Forces has killed thousands of civilians since it began on 15 April 2023. Over six million people have been displaced internally, while almost two million refugees have fled to neighbouring countries. Nearly 24 million people are in need of aid, with 18 million suffering crisis levels of food insecurity, according to the UN.
 
“It’s beyond time for this devastating war to stop,” said Mohamed Chande Othman, chair of the Independent International Fact-Finding Mission for the Sudan. “The warring parties must bring an immediate end to all violence, including sexual and gender-based violence, and hold the perpetrators of serious human rights violations accountable for their acts.”
 
“Sudan’s warring parties are legally obligated to protect civilians, but they have shown little regard for doing so,” Othman said. “We are now investigating alarming reports of repeated attacks on civilians and civilian infrastructure, including hospitals and schools.”
 
The Fact-Finding Mission said attacks on aid convoys and infrastructure have been reported in what appear to be clear violations of international humanitarian law.
 
“Aid agencies are persevering even though there have been attacks and looting of humanitarian convoys, personnel and warehouses,” said Mona Rishmawi, an expert member of the Mission.
 
“We are also investigating the deliberate blocking of humanitarian assistance destined for civilians living in areas controlled by the opposite side,” Rishmawi said. “The parties to the conflict must ensure and facilitate safe, free and unimpeded humanitarian access to civilian populations in grave need.”
 
Food security analysts have warned of a serious risk of famine, in particular in parts of the Darfur region. Cereal harvests have dropped by almost half compared to last year, and the price of grain has already doubled or tripled in war-affected areas, according to the Food and Agriculture Organization.
 
“If rural populations cannot safely remain on their land to plant their crops or tend to their livestock, we will see a catastrophe,” said expert member Joy Ezeilo.
 
The Fact-Finding Mission noted the upcoming International Humanitarian Conference for Sudan and its Neighbours, which is due to be held in Paris on 15 April. The Mission hopes that the massive shortfall in donor funding, which has so far only covered six percent of the estimated 2.7 billion US dollars needed to address the crisis, will soon be addressed.
 
Noting that Sudan’s warring parties have failed to heed the UN Security Council’s call for a cessation of hostilities during the month of Ramadan, the Fact-Finding Mission’s experts called for an immediate ceasefire and urged them to commit to a comprehensive peace process.
 
The experts also urged UN Member States to exert their influence on the warring parties to stop the fighting and immediately restore peace, justice and democracy in Sudan.
 
“The Sudanese people have endured enough,” Othman said. “The warring parties must find a path for peace and respect for human rights in Sudan.”
 
http://www.ohchr.org/en/press-releases/2024/04/sudan-conflict-enters-its-second-year-un-fact-finding-mission-says-warring http://reliefweb.int/report/sudan/conflict-and-hunger-sudan-ngo-call-action http://www.rescue.org/press-release/its-too-late-humanitarian-organisations-urge-participants-paris-conference-sudan-and http://www.ifrc.org/press-release/international-red-cross-and-red-crescent-movement-urges-support-conflict-victims-we http://www.nrc.no/news/2024/april/a-catastrophic-year-for-sudan/ http://www.msf.org/sudan-needs-are-growing-day-response-deeply-inadequate
 
http://www.doctorswithoutborders.org/latest/sudan-witnessing-life-and-death-emergency-massive-scale http://www.savethechildren.net/news/sudans-year-war-one-two-children-line-fire http://www.ohchr.org/en/press-releases/2024/03/sudan-conflict-24-million-children-exposed-year-brutality-and-rights http://www.care-international.org/resources/because-they-are-women-how-sudan-conflict-has-created-war-women-and-girls http://www.solidarites.org/en/live-from-the-field/sudan-definition-of-an-impending-famine/ http://reliefweb.int/report/sudan/sudan-humanitarian-update-25-march-2024-enar http://response.reliefweb.int/sudan
 
* UN Security Council session: Protection of civilians in armed conflict - Sudan Food Security Crisis (20/3/24): http://webtv.un.org/en/asset/k17/k17g7e6gqe http://www.wfp.org/news/remarks-delivered-carl-skau-wfp-deputy-executive-director-and-chief-operating-officer-security http://www.fao.org/newsroom/detail/sudan-fao-issues-stark-warning-over-deeply-concerning-scale-of-hunger/en http://www.unocha.org/news/ocha-warns-security-council-sudan-will-soon-be-worlds-worst-hunger-crisis http://www.nrc.no/news/2024/march/nrc-statement-following-un-security-council-session-on-conflict-induced-hunger-in-sudan
 
Feb. 2024
 
World confronts an ‘ugly and inescapable truth’ in Darfur, by Karim Khan - Prosecutor, International Criminal Court (ICC)
 
The international community’s failure to execute warrants issued by the International Criminal Court (ICC) and subsequent lack of accountability are fuelling the violence stemming from the war between rival militaries in Sudan, ICC Prosecutor told the UN Security Council on Monday.
 
Prosecutor Karim Khan emphasized the “ugly and inescapable truth” that failure to act now is not only a damning verdict on the present but will subject future generations to a similar fate. “It cannot be a case of ‘play, rewind, and repeat’,” he warned.
 
A clear assessment by his office indicated the presence of “grounds to believe” that Rome Statute crimes – genocide, war crimes, and crimes against humanity – are being committed by both the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF) along with affiliated groups.
 
“We need to do more”, he stressed, urging Sudan to comply in good faith with Security Council resolutions, cooperate with and provide requested information to his office, and allow investigators in the country.
 
In March 2005, the Security Council referred the situation in Darfur to the ICC Prosecutor for investigations into allegations of genocide, war crimes, and crimes against humanity.
 
During that time, the region was engulfed in a brutal war involving the military-led government, the Janjaweed militia, and rebel groups, resulting in the loss of hundreds of thousands of civilian lives and the displacement of millions more from their homes in a campaign marked by ethnic cleansing against non-Arabs.
 
In July last year, Mr. Khan announced an investigation into fresh allegations of war crimes and crimes against humanity in Darfur against the backdrop of the ongoing war between SAF and RSF forces and their affiliated groups.
 
Situation ‘dire by any metric’.
 
Speaking to ambassadors via video link from N'Djamena, the capital of Chad, Mr. Khan described the situation as “dire by any metric”.
 
Since the conflict’s onset in April 2023, over 7.1 million Sudanese civilians have been displaced, with 1.5 million forced to seek refuge in neighbouring countries.
 
Chad, in particular, hosts more than 540,000 Sudanese refugees, a number expected to rise to 910,000 by the end of 2024.
 
“One in three of the population in the affected parts of Chad are refugees.. they are arriving at a rate faster than Chad, faster than the United Nations can respond,” Mr. Khan said, with many showing signs of serious injury and trauma.
 
Refugees themselves have provided chilling testimony describing sexual violence against Darfuri women and girls, brutal killings, and racially motivated crimes.
 
Mr. Khan warned ambassadors that the crisis in Darfur was deepening, with the war impacting whole swathes of the continent: from Libya on the Mediterranean to Sub-Saharan Africa, and from Sudan’s Red Sea coast to the Atlantic.
 
“We see a number of areas where conflicts seem to be triumphing against rule of law and deafening out the voices of the most vulnerable people,” he said.
 
Stressing that judicial orders and court judgements alone cannot solve the problem, the ICC prosecutor urged the international community to devise innovative solutions to address the “catastrophe” in Darfur and prevent the violence from spreading further.
 
Mr. Khan urged Council members not to lose sight of the individual human stories behind the statistics of those affected by brutal crimes and war.
 
“These are individuals whose lives have been torn apart, each of whom has a story of woe and of suffering,” he said, emphasizing the collective responsibility of the Security Council, the United Nations, Member States, regional organizations and the ICC “to live up to our promises that we have repeatedly made.”
 
http://news.un.org/en/story/2024/01/1146012 http://news.un.org/en/story/2024/03/1148051 http://reliefweb.int/report/sudan/bearing-witness-atrocities-and-looming-hunger-darfur-report-informed-darfur-refugees-eastern-chad http://www.reuters.com/world/africa/ethnic-killings-one-sudan-city-left-up-15000-dead-un-report-2024-01-19/ http://www.ohchr.org/en/press-releases/2024/02/sudan-horrific-violations-and-abuses-fighting-spreads-report http://www.ohchr.org/en/press-releases/2024/02/sudan-25-million-people-dire-humanitarian-need-say-un-experts http://www.hrw.org/news/2024/03/15/sudan-urgent-action-needed-hunger-crisis http://www.unicef.org/press-releases/statement-unicef-executive-director-catherine-russell-children-sudan-risk-famine


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International Court of Justice calls for entry of desperately needed humanitarian aid into Gaza
by United Nations News, agencies
 
28 Mar. 2024
 
The International Court of Justice (ICJ) has issued new provisional measures for Israel as the humanitarian situation in besieged Gaza continues to deteriorate. (UN News)
 
The ICJ provisional measures state that Israel, “in view of the worsening conditions of life faced by Palestinians in Gaza, in particular the spread of famine and starvation”, shall take “all necessary and effective measures to ensure, without delay, in full cooperation with the United Nations, the unhindered provision at scale by all concerned of urgently needed basic services and humanitarian assistance to Palestinians throughout Gaza”.
 
The measures outline that the required aid includes food, water, electricity, fuel, shelter, clothing, hygiene and sanitation requirements, as well as medical supplies and medical care.
 
The fresh ICJ order also calls on Israel, as a signatory to the Genocide Convention, to undertake those measures, “including by increasing the capacity and number of land crossing points and maintaining them open for as long as necessary”.
 
UN Spokesperson Stephane Dujarric reminded journalists at the daily news briefing that the ICJ operates independently. “We do believe as a matter of principle that all Member States abide by decisions of the court,” he said.
 
The ICJ was established by the UN Charter as the principal judicial organ of the UN.
 
http://news.un.org/en/story/2024/03/1148096
 
26 Jan. 2024
 
The International Court of Justice (ICJ) has declared that Palestinians had a right to be protected from acts of genocide, calling on Israel to “take all measures within its power” to prevent such actions and allow the entry of desperately needed humanitarian aid into the war-shattered enclave.
 
Reading out the order at the Peace Palace in The Hague – in response to allegations of genocide against Israel by South Africa, which Israel denies – ICJ President Joan Donoghue also called for the release of all remaining hostages taken from Israel during the Hamas-led attacks on Israeli communities in which some 1,200 people were massacred on 7 October.
 
There was no explicit call for an immediate halt to Israel’s full-scale military operation in the Strip, which is believed to have left more than 26,000 dead, according to Gaza health authorities.
 
Highlighting that the ICJ was “acutely aware of the extent of the human tragedy unfolding in the region” since war erupted in Gaza, Judge Donoghue said that the court remained “deeply concerned about the continuing loss of life and human suffering”.
 
The UN Secretary-General António Guterres noted in a statement the measures pertaining to the Israeli military laid out in the provisional ruling and stressed that "decisions of the Court are binding" and trusts that all parties will duly comply with the order from the Court.
 
"In accordance with the Statute of the Court, the Secretary-General will promptly transmit the notice of the provisional measures ordered by the court to the Security Council," UN Spokesperson Stéphane Dujarric said.
 
South Africa’s case
 
In its case, which began earlier this month in The Hague, South Africa asked the court – a principal organ of the UN – to indicate provisional measures in order to “protect against further severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention”.
 
Among the measures South Africa asked for was the immediate suspension of military operations by Israel in the Strip and that its forces take “all reasonable measures” to prevent genocide.
 
South Africa also asked the world court to order Israel to prevent forced displacement, allow adequate food and water to reach civilians and ensure that evidence of any potential genocide is preserved.
 
Provisional measures are a type of temporary injunction ahead of a final decision on the dispute. It is likely to take years before a judgement is reached. The measures are considered “mandatory for implementation”, but the Court has no means of enforcing them.
 
Israel argued in presenting its case that the war on Hamas was one purely of defence and “not against the Palestinian people”.
 
Lawyers for Israel said that provisional measures, if granted, would amount to “an attempt to deny Israel its ability to meet its obligations to the defence of its citizens, to the hostages and to over 110,000 displaced Israelis”.
 
Court order
 
Detailing the provisional measures that Israel should implement, the ICJ judge noted that both South Africa and Israel were States parties to Genocide Convention and therefore had agreed “to prevent and to punish the crime of genocide”.
 
Quoting article 2 of the key international treaty signed in the aftermath of the Second World War, Judge Donoghue explained that genocide was defined as “acts committed with an intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.
 
The two-million-strong Palestinian population did indeed constitute a distinct group in the court’s view, she said.
 
Turning to the article 3 of the Genocide Convention, which prohibits “conspiracy to commit genocide” and public incitement to commit genocide, the judge said that the ICJ had taken note of a number of statements made by senior Israeli officials.
 
These included comments by Yoav Galant, Defense Minister of Israel, who reportedly told troops on the border with the enclave that they were fighting “human animals” who were the “ISIS of Gaza”.
 
With Israel’s and South Africa’s legal teams looking on, Judge Donoghue noted the international community’s longstanding concerns about the deteriorating humanitarian situation in Gaza which had formed part of its deliberations.
 
This included the UN Secretary-General's written warning to the Security Council on 6 December 2023 in which he said that “nowhere is safe in Gaza amid constant bombarding by the Israeli Defense Forces” and that the situation was “fast-deteriorating into a catastrophe with potentially irreversible implications for Palestinians as a whole and for peace and security in the region”.
 
Summaries on the dire situation in Gaza from UN Emergency Relief Coordinator Martin Griffiths, reports from the World Health Organization (WHO) and UN Palestine relief agency chief Philippe Lazzarini were also quoted directly in the court's decision.
 
In addition to the provisional measures delivered on Friday, the UN’s top court also asked Israel to submit a report within a month “on all measures taken to give effect to this order”.
 
* Humanitarian actors have stressed that a ceasefire is required to be able to adequately distribute humanitarian aid to the civilan population of Gaza.
 
# You can read the ICJ order in full and watch the full video of the judgement via the link below: http://news.un.org/en/story/2024/01/1145937
 
* 1.1 million people in Gaza are projected to face catastrophic levels of food insecurity between March and July 2024, up from 378,000 in December 2023, according to the Integrated Food Security Phase Classification analysis released on 18 March:
 
http://www.ipcinfo.org/ipcinfo-website/alerts-archive/issue-97/en/ http://news.un.org/en/story/2024/03/1147656 http://www.un.org/en/situation-in-occupied-palestine-and-israel http://www.unicef.org/mena/press-releases/statement-adele-khodr-unicef-regional-director-middle-east-and-north-africa-1 http://www.wfp.org/news/childrens-lives-threatened-rising-malnutrition-gaza-strip http://www.nutritioncluster.net/news/nutrition-vulnerability-and-situation-analysis-gaza http://www.ochaopt.org/content/mr-ramesh-rajasingham-updating-security-council-food-security-risks-gaza http://www.unicef.org/press-releases/statement-principals-inter-agency-standing-committee-civilians-gaza-extreme-peril http://www.savethechildren.net/news/gaza-time-running-out-reports-emerging-children-dying-due-lack-food-save-children
 
http://www.unocha.org/news/un-relief-chief-tells-security-council-take-urgent-action-end-war-gaza http://www.ipcinfo.org/ipc-country-analysis/details-map/en/c/1156749/ http://www.unicef.org/press-releases/statement-unicef-risk-famine-gaza-strip http://www.unicef.org/press-releases/barely-drop-drink-children-gaza-strip-do-not-access-90-cent-their-normal-water-use http://www.wfp.org/stories/humanitarian-operations-risk-conflict-strangles-gaza http://www.who.int/news/item/15-01-2024-preventing-famine-and-deadly-disease-outbreak-in-gaza-requires-faster--safer-aid-access-and-more-supply-routes
 
http://www.icrc.org/en/document/gaza-risk-complete-medical-shut-down-without-urgent-action-preserve-services http://reliefweb.int/report/occupied-palestinian-territory/unrwas-lifesaving-aid-may-end-due-funding-suspension-enar http://reliefweb.int/report/occupied-palestinian-territory/unrwa-funding-cuts-threaten-palestinian-lives-gaza-and-region-say-ngos http://interagencystandingcommittee.org/inter-agency-standing-committee/statement-principals-inter-agency-standing-committee-we-cannot-abandon-people-gaza http://www.ohchr.org/en/media-centre/statements-grave-situation-occupied-palestinian-territory-and-israel


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