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Legal analysis
In this chapter we demonstrate the violations committed during the ongoing non-international armed
conflict of 15th April 2023 in Sudan which constitute serious breaches of International Humanitarian
Law (IHL), International Human Rights Law (IHRL), Sudan’s Constitutional Document, and other
binding regional and international instruments. The deliberate targeting of civilians, racial
discrimination, ethnic profiling through the mass displacement of communities and the implementation
of the ‘strange faces order’, reflect patterns of violations that may amount to war crimes, crimes against
humanity, or other grave violations under the Rome Statute.
Millions of people have become refugees or been internally displaced to other areas within Sudan,
exposing them to violations of IHL, including the arrest of individuals simply because their faces were
unfamiliar (as identified by the ‘strange faces order’) in the location to which they had fled in search of
safety.
The Geneva Convention (IV) 194912 and Additional Protocol II aim to protect civilians in noninternational armed conflicts. These instruments require all parties to the conflict to respect and treat
individuals who are not taking part in hostilities in a humane manner. This includes prohibiting
indiscriminate attacks, ensuring humane and dignified treatment of detainees, and providing special
protection for vulnerable groups such as women and children. A clear distinction between civilians and
combatants is considered a fundamental element of these obligations.
The Universal Declaration of Human Rights (UDHR)13 laid the foundation for the global human
rights system. In particular, articles (3) guarantee the right to life, liberty, and security of persons; and
article (13/1) emphasizes the right to freedom of movement and residence within the borders of each
state. Nevertheless, these rights have been guaranteed in the International Covenant on Civil and
Political Rights as well as in the International Covenant on Economic, Social and Cultural Rights.
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https://ihl-databases.icrc.org/assets/treaties/380-GC-IV-EN.pdf
https://www.un.org/sites/un2.un.org/files/2021/03/udhr.pdf
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