The Constitutional Document of Sudan14 for the transitional period in its current state (amended 2025) states that: ‘‘The State undertakes to protect, promote, and guarantee the rights contained in the Bill of Rights15 to all without discrimination on the basis of race, color, gender, language, religion, political opinion, social status, or other reasons.’’ The Fact-Finding Missions: the evidence collected by the two Fact-Finding Missions established by the UNHRC16 the ACHPR17 shows that both the (SAF, the RSF, and their respective allied militias, committed large-scale human rights and international humanitarian law violations, many of which may amount to war crimes and/or crimes against humanity.18 Both the SAF and the RSF have been accused of attacking civilians and destroying property and infrastructure, obstructing access to humanitarian aid for civilians in need, violating children’s rights, and conducting arbitrary arrests, torture, and ill-treatment in areas under their control which amount to war crimes. The RSF and its allied militias were specifically accused of committing other war crimes and crimes against humanity. These include widespread sexual violence, rape, sexual slavery, abduction, and the recruitment and use of children in hostilities, plus pillage and looting. The RSF also committed largescale violations on the grounds of ethnicity particularly against the Masalit community in El Geneina, including killings, torture, and rape, which amounts to persecution. Racial Discrimination: The term ‘racial discrimination’ shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or 14 https://moj.gov.sd/files/download/425 (available in Arabic) Its part of the constitutional document. 16 https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/sessions-regular/session57/A-HRC-57-CRP-6en.pdf 17 https://achpr.au.int/sites/default/files/files/2025-10/report-virtual-joint-fact-finding-mission-human-rights-situationsudan-eng.pdf 18 https://www.icc-cpi.int/publications/core-legal-texts/rome-statute-international-criminal-court 15 13

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