Will the ICC seek prosecutions in Sudan following Darfur hospital attack?

Special Will the ICC seek prosecutions in Sudan following Darfur hospital attack?
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Sudanese refugees who have fled from the war in Sudan get off a truck loaded with families arriving at a Transit Centre for refugees in Renk, on February 13, 2024. More than 550,000 people have now fled from the war in Sudan to South Sudan since the conflict exploded in April 2023, according to the United Nations. (AFP/File)
Special Will the ICC seek prosecutions in Sudan following Darfur hospital attack?
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Sudanese refugees who have fled from the war in Sudan get off a truck loaded with families arriving at a Transit Centre for refugees in Renk, on February 13, 2024. More than 550,000 people have now fled from the war in Sudan to South Sudan since the conflict exploded in April 2023, according to the United Nations. (AFP/File)
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Updated 20 June 2024
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Will the ICC seek prosecutions in Sudan following Darfur hospital attack?

Will the ICC seek prosecutions in Sudan following Darfur hospital attack?
  • International Criminal Court’s chief prosecutor is ‘concerned by the ethnically motivated nature’ of the conflict
  • Fourteen months into the conflict, legal experts have criticized the court’s belated appeal for evidence of atrocities

LONDON: The International Criminal Court’s chief prosecutor Karim Khan has appealed for evidence of atrocities in Sudan, saying his ongoing investigation “seems to disclose an organized, systematic and a profound attack on human dignity.”

However, legal experts who spoke to Arab News have accused the ICC of dragging its feet on the deteriorating situation in Sudan and of focusing too narrowly on the Darfur region while neglecting the wider conflict.

Khan last week said he had become “particularly concerned by the ethnically motivated nature” of the conflict in Sudan after combatants reportedly attacked the main hospital in Al-Fasher, North Darfur, in what likely constituted a war crime.




El-Fasher South Hospital in Al-Fasher, North Darfur, after it was attacked. (X: Twitter)

Doctors from the medical charity Medecins Sans Frontieres confirmed to Arab News that the attack on the South Hospital on June 8 had forced MSF and its partners in the Sudanese Ministry of Health to suspend all activities and withdraw staff from the facility.

A spokesperson said authorities had already reduced services at the hospital, with many patients having been transferred before the attack owing to the uptick in fighting around the city — the last in Darfur still under the control of the Sudanese Armed Forces (SAF).

Fighters affiliated with the Rapid Support Forces (RSF), a breakaway military faction that has seized control of swathes of the country since the conflict began on April 15, 2023, were accused of mounting the attack.




Members of Sudan's paramilitary group known as RSS were accused of burning villages in some parts of the country. (AFP/File)

“It’s outrageous that the RSF opened fire inside the hospital,” Michel Lacharite, head of emergencies at MSF, told Arab News. “It is not an isolated incident. Staff and patients have endured attacks on the facility for weeks from all sides, but opening fire inside a hospital crosses a line.

“Warring parties must stop attacking hospitals. One by one, hospitals are damaged and closed. Remaining facilities in Al-Fasher aren’t prepared for mass casualties, we are trying to find solutions, but the responsibility lies with warring parties to spare medical facilities.”

INNUMBERS

• 14,000 Estimated number of people killed in Sudan since the conflict began on April 15, 2023.

• 10 million People displaced, including over 2 million who have crossed into neighboring countries.

The RSF, commanded by Mohammed Hamdan Dagalo, also known as Hemedti, has previously denied claims that its forces attack civilian infrastructure.

While details about the hospital attack remain sketchy, the MSF spokesperson said “most patients” and “all MSF staff” were able to escape.




Mohamed Hamdan Dagalo (C), known as Hemeti, commander of the Rapid Support Forces paramilitary, has denied accusations that his group were committing war crimes. (AFP/File)

As the main referral hospital for treating Al-Fasher’s war-wounded, the only one equipped to manage mass casualty events and one of just two with surgical capacity, the loss of services will have a major impact. In less than a month, the facility had treated some 1,300 people.

The UN Security Council adopted a UK-drafted resolution on June 14 demanding an end to the siege of Al-Fasher.

The measure expressed “grave concern” over the spreading violence and reports that the RSF was carrying out “ethnically motivated violence.”

During the meeting, Mohamed Abushahab, the UAE’s ambassador to the UN, said: “We believe that the Sudanese people deserve justice and peace. They need a ceasefire, a credible political process and unhindered flow of humanitarian aid.”

Rebutting accusations made by the representative of Sudan’s SAF-backed government, he said: “Excuses and finger pointing only prolongs the suffering of civilians.”

Independent ivestigations using videos suggest recent SAF victories were enabled by the deployment of such Iranian-made combat drones as Mohajer-6 and Zajil-3.




A handout picture provided by the Iranian presidency on April 18, 2022 shows an Iranian combat drone on display during a military parade in Tehran. Independent investigations using videos suggest recent SAF victories were enabled by the deployment of such Iranian-made combat drones. (AFP/File)

According to Wim Zwijnenburg, a drone expert and head of the Humanitarian Disarmament Project at Dutch peace organisation PAX, the videos are “an indication of active Iranian support” for SAF.

“If these drones are equipped with guided munitions, it means they were supplied by Iran because those munitions are not produced in Sudan,” Zwijnenburg told BBC.

Sudan’s SAF-dominated governing council has denied acquiring weapons from Iran.

Cameron Hudson, a senior fellow for the Africa Program at the Center for Strategic and International Studies, said that although the Al-Fasher hospital assault has been a wake-up call for the ICC, attacks of this kind were “nothing new.”

“The fact of the matter is that this is not the first hospital to be looted or destroyed in this conflict,” Hudson told Arab News.




Fire rages in a livestock market area in al-Fasher, the capital of Sudan's North Darfur state, on September 1, 2023, in the aftermath of bombardment by the paramilitary Rapid Support Forces (RSF). (AFP/File)

“It is a conflict that has been raging for 14 months and has been fought in much the same way with this attack well within the nature of the conflict.

“What is new is that Sudan’s civilian population’s ability to withstand the shocks of this war has depleted. But while it may feel like a game-changing moment, it is not.”

Referring to the July 1995 massacre of more than 8,000 Bosniak Muslim men and boys during the Bosnian War, Hudson said: “Maybe if there was a Srebrenica moment, a move to extermination, that would be game-changing.”

Khan’s comments indicate the ICC has been paying attention to the situation in Sudan. However, Hudson voiced disappointment at the court’s slow response to the conflict.

Contrasting the “alacrity” with which the ICC acted against Russia for its war in Ukraine and Israel for its assault on Gaza, he said it was telling of Sudan’s ranking in international priorities that the court was “only now” investigating.




International Criminal Court's chief prosecutor Karim Khan (L) visits the Kalma camp for internally displaced people in Nyala, the capital of South Darfur, on August 21, 2022. (AFP/File)

“Khan’s comments strike me as an admission that the court has not moved at pace and should have been doing more,” said Hudson. “I am not sure what restraints he is operating under but he’s not prioritized Sudan, and, in Darfur, these cases build themselves.

“It is not just the court, this conflict has been neglected more broadly, there need to be moves to build a diplomatic process and to get humanitarian aid because only eight percent of a global appeal has been met, which is shockingly low.

“I would like to see an increase in the cost on this war’s actors as part of a move to bring it to an end, including the use of sanctions, which have not been deployed efficiently, and could have a part to play in bringing actors to the negotiating table.”

Although efforts at brokering a ceasefire between the two sides have so far failed, Saudi aid agency KSrelief has been rolling out health projects intended to support Sudan’s civilian population, with three projects put into action in the last week alone.




Sudanese villagers receive humanitarian aid from Saudi Arabia at a KSrelief center in Khartoum, Sudan. (SPA/File)

With thousands of civilians reportedly killed and thousands more displaced by the fighting across Darfur, the ICC’s machinery has swung into action. Even so, Sudanese international lawyers have expressed skepticism.

One who spoke to Arab News on the condition of anonymity said they were particularly concerned by Khan’s focus on the violence in Darfur when in reality, the violence has spread far beyond the troubled western region.

“The ICC was mandated to investigate crimes in Darfur in 2005, and we have not yet seen any results from that mandate, and now this conflict is happening in other areas,” the lawyer said. “This violence is not all in — nor is it originating from — Darfur.

“What is happening outside Darfur is not lesser than the violence happening within it and yet the ICC, partly as a consequence of Sudan not being a party to the court’s jurisdiction, is drawing attention away from this and making it all about Darfur.”

Despite lacking jurisdiction as a consequence of the Sudanese government failing to ratify the ICC treaty, otherwise known as the Rome Statute, the court had gained jurisdiction for a limited investigation into earlier crimes in Darfur through a UN Security Council referral.

That referral resulted in the ICC’s 2009 decision to issue an arrest warrant for the since-ousted Sudanese President Omar Bashir for multiple charges, including for a genocide that took place in Darfur between 2003 and 2008.




Sudan's former strongman Omar Bashir (left) was the subject of an arrest warrant issued by the ICC over genocide charges committed in Darfur between 2003 and 2008 allegedly by the RSF led by General Mohammed Hamdan Dagalo (right)

Born out of Arab militias commonly known as Janjaweed, the RSF was mobilized by Bashir against non-Arab tribes in Darfur. At the time, they were accused of mass killings, rapes and other atrocities, and Darfur became synonymous with genocide.

Welcoming Khan’s push for evidence, another Sudan-based legal expert, who spoke to Arab News anonymously, challenged those questioning the focus on Darfur, stressing it made sense given the region’s history.

“Does it make sense to keep looking at cases within the Darfur geographic region? Yes, because all that is happening in Sudan from 2003 up to now can be connected back to Darfur, as that is where this conflict’s root causes lie,” they said.

“There are questions to be asked though in relation to how the ICC is addressing the Darfur case and the role that this, and the coverage of it, will have around the protection of civilians as what is needed is to reduce that risk.”




Internally displaced women wait to collect aid from a group at a camp in Gadaref on May 12, 2024. (AFP/File)

The war in Sudan has cost the lives of more than 14,000 people and left thousands more wounded while pushing the population to the brink of famine.

The UN warned the warring parties last month that there is a serious risk of widespread starvation in Darfur and elsewhere in Sudan if they do not allow humanitarian aid into the region.

The war has also created the world’s largest displacement crisis as more than 10 million people have been forced to flee their homes, including over 2 million people who have crossed into neighboring countries.

Saudi Arabia has played a central role in facilitating talks between the two warring factions, urging them to meet their obligations to protect civilians under both the Jeddah Declaration and the requirements of international humanitarian law.
 

 


Sudan fire kills nine

Sudan fire kills nine
Updated 12 sec ago
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Sudan fire kills nine

Sudan fire kills nine
PORT SUDAN: Fire tore through an apartment block in Port Sudan killing nine people in the city which the Sudanese army has made its base during fighting with rival paramilitaries, police said Saturday.
Emergency services rescued several people who had been trapped on the ground floor of the building when an electrical short circuit triggered the blaze.
At least four people remain in hospital but are in stable condition, the police said in a statement, without saying when the blaze took place.
Sudan has been gripped by war since April 2023.
The conflict between the regular army under Abdel Fattah Al-Burhan and the paramilitary Rapid Support Forces, led by his former deputy Mohamed Hamdan Dagalo, has left tens of thousands dead and forced more than 10 million from their homes, according to the United Nations.

US criticizes ICJ opinion that Israeli occupation of Palestinian territories is illegal

Israeli security forces close-off a main entrance to Huwara town in the occupied West Bank following attacks by Israeli settlers
Israeli security forces close-off a main entrance to Huwara town in the occupied West Bank following attacks by Israeli settlers
Updated 20 min 35 sec ago
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US criticizes ICJ opinion that Israeli occupation of Palestinian territories is illegal

Israeli security forces close-off a main entrance to Huwara town in the occupied West Bank following attacks by Israeli settlers
  • “We are concerned that the breadth of the court’s opinion will complicate efforts to resolve the conflict and bring about an urgently needed” peace: State Department

WASHINGTON: The United States criticized “the breadth” of the top UN court’s opinion in which the International Court of Justice said Israel’s occupation of Palestinian territories is illegal, with Washington saying it will complicate efforts to resolve the conflict.
“We have been clear that Israel’s program of government support for settlements is both inconsistent with international law and obstructs the cause of peace,” a US State Department spokesperson said on Saturday in an email.
“However, we are concerned that the breadth of the court’s opinion will complicate efforts to resolve the conflict and bring about an urgently needed just and lasting peace, with two states living side-by-side in peace and security,” the State Department added.


Hezbollah, Hamas say launched rocket salvos at north Israel

Smoke rises from a fire after Hezbollah fired a barrage of projectiles towards Israel from Lebanon.
Smoke rises from a fire after Hezbollah fired a barrage of projectiles towards Israel from Lebanon.
Updated 20 July 2024
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Hezbollah, Hamas say launched rocket salvos at north Israel

Smoke rises from a fire after Hezbollah fired a barrage of projectiles towards Israel from Lebanon.
  • Hezbollah said it launched “dozens of Katyusha rockets” on Dafna, an area in Israel’s north, “in response to the attack on civilians”

BEIRUT: Hezbollah and its Palestinian ally Hamas said they launched rocket barrages at Israeli positions Saturday to avenge a strike that injured civilians in south Lebanon and the Gaza war toll.
Hezbollah has traded near-daily fire with Israeli forces in support of Hamas since the Palestinian militant group’s October 7 attack on southern Israel triggered war in the Gaza Strip.
Earlier Saturday, Lebanon’s state-run National News Agency said Syrian nationals, including children, had been injured after an “enemy drone targeted an empty four-wheel drive” near their tent, less than four kilometers from the border.
Doctor Mouenes Kalakesh who heads the Marjayoun government hospital said a woman and her three children, two of them minors, had been admitted for shrapnel injuries after the strike outside Burj Al-Muluk.
Among them was an 11-year-old boy in critical condition after he sustained shrapnel injuries and a head wound, Kalakesh told AFP.
Hezbollah said it launched “dozens of Katyusha rockets” on Dafna, an area in Israel’s north that the group said it was targeting for the first time, “in response to the attack on civilians.”
On Wednesday, Hezbollah leader Hassan Nasrallah had warned his Iran-backed group would hit new targets in Israel if more civilians were killed in Israeli strikes.
Later Saturday, Hamas’s armed wing, the Ezzedine Al-Qassam Brigades, said they fired a rocket salvo from south Lebanon toward an Israeli military position in the Upper Galilee “in response to the Zionist massacres against civilians in the Gaza Strip.”
The Israeli army said a total of 45 “projectiles” had been fired from Lebanon Saturday afternoon, toward the occupied Golan Heights and the Galilee, reporting no casualties.
The army said it struck “the launcher... in southern Lebanon from which the projectiles were launched toward the Golan Heights,” also targeting “an additional Hezbollah launcher.”
On Thursday, Israeli strikes killed at least five people, including the commander of a Hamas-allied group in Lebanon, militant groups and a security source said.
On Tuesday, Lebanese official media said separate Israeli strikes in south Lebanon killed five Syrians, three of them children, with Hezbollah announcing rocket fire at Israel in retaliation.
The violence since October has killed at least 515 people in Lebanon, according to an AFP tally.
Most of the dead have been fighters, but they have included at least 104 civilians.
On the Israeli side, 18 soldiers and 13 civilians have been killed, according to Israeli authorities.


Israeli warplanes pound Houthi-held Hodeidah

Israeli warplanes pound Houthi-held Hodeidah
Updated 28 min 25 sec ago
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Israeli warplanes pound Houthi-held Hodeidah

Israeli warplanes pound Houthi-held Hodeidah
  • Houthi officials vowed to retaliate. “We will respond more violently and harshly to this Zionist-American orgy,” Abdul Sallam Jahaf, a member of the Houthi Shura Council

AL-MUKALLA: Israeli warplanes struck the Houthi-held western Yemeni city of Hodeidah on Saturday, apparently in retaliation for the Houthi drone strike on Tel Aviv earlier this week.

Houthi-run Al-Masirah TV reported that Israeli planes hit a power plant and a gasoline storage facility, killing and injuring several people.

Images circulating on social media showed a massive ball of fire and thick fog billowing from the targets.

Mohammed Abdul Sallam, the Houthi chief negotiator based in Muscat, said the airstrikes targeted “civilian” facilities to “pressure them to stop supporting Gaza,” vowing to continue attacks on ships and Israel itself until Israel ends its war in the enclave.

“We emphasize that this brutal aggression will only strengthen the determination and steadfastness of the Yemeni people and their valiant armed forces in their support for Gaza,” he said in a post on X.

Other Houthi officials vowed to retaliate. “We will respond more violently and harshly to this Zionist-American orgy,” Abdul Sallam Jahaf, a member of the Houthi Shura Council.

On Friday, the Houthis launched an explosive-laden drone into a Tel Aviv residential area, killing one person and injuring at least 10.

Critics of the militia argue the Houthis will use the bombings to legitimize their rule and crush dissidents in regions under their control.

“An Israeli airstrike is precisely what the #Houthis have long sought to legitimize their power consolidation. This event offers a pretext for increased repression of the population & violence in #Yemen and beyond. The Houthis excel at inviting conflict to sustain their authority,” Nadwa Al-Dawsari, a non-resident fellow at the Middle East Institute in Washington, D.C. said on X.

 


UAE launches investigation into Bangladeshi expats arrested for alleged riots

UAE launches investigation into Bangladeshi expats arrested for alleged riots
Updated 20 July 2024
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UAE launches investigation into Bangladeshi expats arrested for alleged riots

UAE launches investigation into Bangladeshi expats arrested for alleged riots

DUBAI: UAE Attorney-General Hamad Saif Al-Shamsi has ordered an investigation into the arrest of several Bangladeshi nationals who were apprehended for inciting riots across multiple streets in the UAE on Friday.

A dedicated team from the public prosecution has promptly begun investigating the arrested individuals, Emirates News Agency, WAM, reported on Saturday.

Preliminary findings suggest that the suspects engaged in criminal activities, including assembling in public spaces and protesting against their home government, WAM added.

These actions were allegedly intended to incite unrest, obstruct the enforcement of law, disrupt individual interests, endanger others and violate their rights, impede traffic, and cause damage to both public and private property.

It is alleged that the suspects deliberately disrupted transport networks, organized and promoted these demonstrations, and recorded and disseminated audiovisual footage of their actions online.

Such activities are considered offenses against state security and public order in the UAE.

The public prosecution has ordered the pre-trial detention of the suspects pending further investigations. Al-Shamsi has also directed that the suspects be referred to an expedited trial.

Massive protests have broken out in Bangladesh over student anger against quotas that set aside 30% of government jobs for the families of those who fought for independence from Pakistan.
Police have fired tear gas to scatter protesters in some areas while the government has banned public gatherings, imposed communications restrictions, deployed the army in some parts and imposed a curfew. Dozens have been killed in the past week.