“Mass Torture” in Darfur: Grave Violations Against Civilians
First: General Context:
The briefing by the Deputy Prosecutor of the International Criminal Court, Ms. Nezhat Shamim Khan, to the UN Security Council on January 19, 2026, came at a pivotal moment in the armed conflict in Sudan. Nearly three years after the April 15 war, and amidst the near-total collapse of the national protection system, the disintegration of law enforcement institutions, and the normalization of impunity, the situation was critical.
The briefing clearly indicated that the Darfur region, and particularly the city of El Fasher, is witnessing a recurring pattern of serious international crimes, amounting to war crimes and crimes against humanity, within the context of widespread and systematic violence targeting civilians on an ethnic and racial basis, reproducing the patterns of criminality witnessed in the region since 2003.
Second: The Legal Characterization of the Violations:
- Crimes Against Humanity:
The Office of the Prosecutor’s characterization shows that what is happening in El Fasher and throughout Darfur fulfills several elements of crimes against humanity, according to Article 7 of the Rome Statute. These include willful killing and summary executions, rape and sexual violence as a policy and weapon of war, arbitrary arrest and unlawful detention, persecution on an ethnic basis (targeting non-Arab communities), enforced disappearance, and mass graves. The gravity of this characterization lies in the fact that these crimes were not committed as isolated incidents, but rather as part of a widespread and systematic attack directed against a civilian population, with the perpetrators fully aware of the nature of this attack.
- War Crimes:
The briefing also points to grave violations of international humanitarian law, including: targeting civilians and camps, widespread looting and destruction of property, cruel and degrading treatment, and the recruitment and grave abuse of children. All parties to the conflict, including the Rapid Support Forces and the Sudanese Armed Forces, bear legal responsibility for respecting the rules of armed conflict and for not invoking the nature of the conflict to justify these crimes and violations.
Third: The Significance of the Term “Mass Torture”:
The use of the term “mass torture” is a highly dangerous characterization, both politically and legally, as it reflects: the systematic nature of the violence, the deliberate infliction of severe suffering on entire population groups, and the use of violence not only as a means of warfare but also as a tool for reshaping the demographic and social landscape. This characterization indicates that what is happening in Darfur is no longer merely an armed conflict, but a systematic process of destroying the social fabric, with long-term consequences for civil peace and transitional justice.
Fourth: Sexual Violence as a Weapon of War:
The Office of the Prosecutor’s briefing clarified that sexual violence, including rape, is being used as a weapon of war in conflict zones in Darfur, consistent with previous documentation by Sudanese and international human rights organizations. This pattern of crimes constitutes a form of torture, a war crime, and a crime against humanity, and is a means of humiliating and dismantling targeted communities socially and economically. The continued impunity for these crimes deepens collective trauma and perpetuates cycles of violence, particularly against women and girls.
Fifth: The Significance of Ali Kushayb’s Conviction:
The conviction of Ali Muhammad Ali Abd-al-Rahman (Ali Kushayb) marks a crucial turning point in the International Criminal Court’s efforts to prosecute perpetrators of the long history of violations in Darfur. However, its impact remains limited unless it is complemented by broader accountability measures that include: military and political leaders with command responsibility; support, financing, and complicity networks; and crimes committed after 2008, including the April 15 war crimes. The Sudan Human Rights Watch Network warns against treating this conviction as an isolated symbolic achievement, rather than considering it a step towards dismantling the entire system of impunity.
Sixth: Challenges Facing International Justice:
According to the briefing’s format, it highlighted fundamental obstacles and challenges facing the Court and the Office of the Prosecutor, most notably:
– Difficulty accessing crime scenes.
– Security risks facing witnesses and victims.
– Politicization of cooperation with the International Criminal Court.
– Imposition of sanctions or threats against Court officials.
Given this harsh environment in which the Court operates, the Sudan Human Rights Watch Network emphasizes that any targeting of the work of the International Criminal Court constitutes a violation of victims’ right to justice, an attempt to protect perpetrators, and a reinforcement of the phenomenon of impunity. Seventh: Assessment of the Situation:
The Sudan Rights Watch Network believes that what is happening in Darfur amounts to ongoing grave international crimes. The Sudanese state’s failure to protect civilians makes the International Criminal Court’s jurisdiction an indispensable tool. Continued impunity is the primary driver of the recurrence of atrocities. Meanwhile, the international community, including the Security Council, bears significant direct and indirect responsibility for failing to stop these crimes. This necessitates addressing the challenges to strengthen the Court’s work and achieve accountability and justice.
Eighth: Recommendations:
- To the International Criminal Court:
- The need to expedite investigations and issue new arrest warrants against all perpetrators of the current war and past conflicts and violations in the region.
- Expanding the Court’s jurisdiction to include all of Sudan, thus providing ample opportunity to hold accountable all perpetrators who committed violations and crimes in every region of the country.
- Prioritizing crimes of sexual violence and gender-based crimes.
- Strengthening mechanisms for the protection of witnesses, survivors, and their families.
- To the UN Security Council:
- Moving from briefings to binding measures.
- Imposing effective measures to protect civilians.
- The need to support the International Criminal Court without political selectivity.
- To the international community and member states:
- Sharing satellite imagery and intelligence information related to involvement in violations and the perpetration of crimes.
- Supporting Sudanese civil society organizations in documentation.
- Rejecting any sanctions or pressure on the International Criminal Court.
- To Sudanese civil society organizations:
- The need to unify documentation efforts according to strict legal standards. – Giving a central voice to victims and survivors.
- Linking international justice to the demands of national transitional justice.
Sudan Rights Watch Network affirms that describing Darfur as being subjected to “mass torture” is not merely a linguistic expression, but a legal and political characterization that necessitates urgent action and decisive interventions using all available means and methods. Justice delayed is justice denied, and any further leniency will make the international community complicit through silence in one of the most serious mass crimes of the 21st century, as field and UN reports indicate.
January 21, 2016
Sudan Rights Watch Network