Published On: 18th July, 1014
Introduction
The conflict in Sudan has deep-rooted origins in political instability, ethnic tensions, and economic disparities. The violence, particularly in regions like Darfur, South Kordofan, and the Blue Nile, has led to an extensive humanitarian crisis. According to the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), the conflict has resulted in over 2.5 million internally displaced persons (IDPs) and thousands of casualties. Women and children are among the most affected, facing grave violations of their human rights. This article examines the legal implications of the conflict in Sudan, focusing on the breaches of international humanitarian law (IHL) and international human rights law (IHRL), and the resultant impact on women’s health and safety.[1]
Impact on Women’s Health
Healthcare Access
The conflict in Sudan has severely compromised healthcare access, exacerbating already critical health conditions. Many hospitals and clinics have been damaged or destroyed. The World Health Organization (WHO) reports that nearly 50% of healthcare facilities in conflict zones are non-functional, leaving millions without access to essential health services. For instance, in Darfur, more than 80% of the population has limited access to primary healthcare services.
The ongoing violence has led to a chronic shortage of medical supplies and personnel. With many health workers fleeing the conflict zones, the remaining facilities are overwhelmed by the demand for services. This situation directly violates the right to health as enshrined in the International Covenant on Economic, Social, and Cultural Rights (ICESCR) (Article 12), which obligates states to ensure the availability, accessibility, acceptability, and quality of health facilities, goods, and services.[2]
Maternal and Reproductive Health
The conflict has devastating effects on maternal and reproductive health. The United Nations Population Fund (UNFPA) estimates that approximately 80% of maternal deaths in Sudan occur in conflict-affected areas due to inadequate prenatal, delivery, and postnatal care. Pregnant women often have to travel long distances to find functioning health facilities, and many give birth in unsafe conditions.[3]
The disruption of healthcare services has also affected family planning and reproductive health services. Women and girls in conflict zones face heightened risks of unintended pregnancies and sexually transmitted infections (STIs), including HIV/AIDS. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) requires states to eliminate discrimination against women in the field of healthcare and ensure access to appropriate services in connection with pregnancy and the postnatal period.[4]
Chronic Conditions
For women with chronic conditions, the conflict has exacerbated their vulnerability. Conditions such as diabetes, hypertension, and cancer require consistent and specialized medical attention, which is often unavailable in conflict zones. The restrictions on the movement of goods and people have led to severe shortages of medications and medical supplies.
According to Médecins Sans Frontières (MSF), many patients with chronic conditions in Sudan are unable to continue their treatment regimes, leading to deterioration in their health. The denial of adequate healthcare to individuals with chronic illnesses constitutes a violation of their right to health under international human rights law.[5]
Impact on Women’s Safety
Physical Safety
The conflict has significantly compromised the physical safety of women in Sudan. Military actions, including airstrikes and ground offensives, frequently target civilian areas, resulting in high civilian casualties. The principle of distinction, a cornerstone of international humanitarian law, mandates that parties to a conflict must distinguish between civilians and combatants. Violations of this principle have been documented extensively in Sudan.
Human Rights Watch has reported numerous incidents where government forces and allied militias have deliberately targeted civilian populations. These attacks not only cause immediate harm but also force women and children to flee their homes, often leading to secondary displacements and prolonged insecurity.[6]
Gender-Based Violence (GBV)
The conflict environment in Sudan has led to a surge in gender-based violence (GBV), including domestic violence, sexual harassment, and exploitation. Women and girls are particularly vulnerable to sexual violence by armed groups. The United Nations Mission in Sudan (UNMIS) has documented numerous cases of rape and sexual assault committed with impunity.
The breakdown of social structures and the pervasive state of insecurity further exacerbate the situation. Many women face increased risks of violence and have limited access to protection or support services.[7]The CEDAW obligates states to protect women from violence and ensure their safety. However, the ongoing conflict severely undermines these protections.[8]
Legal Violations
International Humanitarian Law (IHL)
The conflict in Sudan has seen numerous breaches of IHL. The principle of distinction, as stipulated in Article 48 of Additional Protocol I to the Geneva Conventions[9], mandates that parties to a conflict must at all times distinguish between civilians and combatants. Furthermore, the principle of proportionality prohibits attacks that may cause incidental loss of civilian life or injury to civilians, which would be excessive in relation to the anticipated military advantage.
The targeting of civilian infrastructure, including hospitals and schools, constitutes a grave violation of IHL. Reports from Amnesty International indicate that such attacks are widespread and systematic in Sudan, leading to severe consequences for the civilian population[10].
International Human Rights Law (IHRL)
The conflict in Sudan also constitutes significant violations of IHRL. The restrictions on movement, impeded access to healthcare, and the resultant humanitarian crisis represent breaches of fundamental human rights. The International Covenant on Economic, Social, and Cultural Rights (ICESCR) guarantees the right to the highest attainable standard of health, while the International Covenant on Civil and Political Rights (ICCPR) protects the right to life.
The arbitrary detentions, enforced disappearances, and extrajudicial killings reported in conflict areas further highlight the gross human rights violations. According to the UN Human Rights Office, these actions represent a clear breach of Sudan’s international obligations.[11]
Case Study: Darfur
The Darfur conflict, which began in 2003, serves as a stark example of the severe human rights violations occurring in Sudan. The conflict has resulted in the deaths of hundreds of thousands of people and displaced millions. The International Criminal Court (ICC) has issued arrest warrants for several Sudanese officials, including former President Omar al-Bashir, for charges of genocide, war crimes, and crimes against humanity.
The systematic attacks on civilian populations in Darfur, including mass killings, rapes, and forced displacements, have been documented by various international bodies. The ICC’s investigations have highlighted the extensive violations of IHL and IHRL, underscoring the need for accountability and justice.[12]
International Response and Accountability
The international community has made several attempts to address the crisis in Sudan through diplomatic pressure, sanctions, and legal mechanisms. The United Nations Security Council (UNSC) has imposed sanctions on individuals and entities responsible for the violence. However, the enforcement of these sanctions has been challenging due to political complexities.
The ICC’s role in issuing arrest warrants for Sudanese officials represents a significant step towards accountability. However, the lack of cooperation from Sudanese authorities and regional political dynamics have hindered the execution of these warrants. The international community must continue to support efforts to bring perpetrators to justice and ensure that victims receive the necessary support and reparations.[13]
Recommendations
Strengthening Legal Frameworks
To better protect the rights of women in conflict zones, it is crucial to strengthen and enforce international legal frameworks. This includes ensuring adherence to IHL and IHRL by all parties involved in the conflict and holding violators accountable through international legal mechanisms. The establishment of robust monitoring and reporting mechanisms can help in documenting violations and facilitating justice.[14]
Enhancing Humanitarian Access
Humanitarian organizations must be granted unrestricted access to provide essential services, including healthcare, to affected populations. The international community should exert pressure on conflicting parties to allow safe passage for humanitarian aid and medical supplies. Collaborative efforts between international organizations and local actors can enhance the effectiveness of humanitarian interventions.[15]
Supporting GBV Survivors
Programs to support survivors of gender-based violence should be prioritized, including providing medical, psychological, and legal assistance. International organizations can play a crucial role in funding and implementing these programs in conflict-affected areas. Community-based approaches that involve local leaders and women’s groups can also be effective in addressing GBV.[16]
Conclusion
Before the outbreak of conflict, Sudan was already facing a humanitarian crisis due to extreme weather shocks, social and political unrest, and rising food prices that continue to drive poverty, hunger, and displacement.
Sudan is no longer the country it was before. The whole state has collapsed, with no chance for civilians to rebuild it. Millions of them are homeless and hopeless, and the worst is yet to come. Half of the country is hungry, with many facing famine. If Sudan remains the same, the Sudanese conflict will only worsen.
In addition to that, the conflict has led to severe and multifaceted violations of human rights, with a profound impact on women’s health and safety. The breaches of IHL and IHRL underscore the urgent need for international intervention and accountability.
Upholding international legal standards is crucial for addressing the immediate humanitarian crisis and ensuring long-term stability and respect for human rights in conflict-affected areas. The international community must take concerted action to enforce compliance with these standards, support victims, and pursue justice through appropriate legal mechanisms.
References:
- United Nations Office for the Coordination of Humanitarian Affairs (OCHA) Sudan: Humanitarian Needs Overview 2023
- World Health Organization (WHO), Health in Conflict: Sudan
- United Nations Population Fund(UNFPA) Sexual violence and severe hunger surge as Sudan war passes one year
- United Nations Population Fund (UNFPA), The Impact of Armed Conflict on Women and Girls
- Médecins Sans Frontières (MSF), People abandoned amidst horrific violence and humanitarian void in Central Darfur
- Human Rights Watch, Sudan: Ethnic Cleansing in West Darfur
- UNITED NATIONS MISSION IN SOUTH SUDAN (UNMISS), WOMEN IN MALAKAL SEEK ELIMINATION OF SEXUAL VIOLENCE IN CONFLICT
- The Convention on the Elimination of All Forms of Discrimination against Women(CEDAW)
- International Committee of the Red Cross, Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977.
- Amnesty International, DESTRUCTION AND VIOLENCE IN SUDAN
- Human Rights Council, Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General
- International Criminal Court (ICC), Situation referred to the ICC by the United Nations Security Council
- United Nations Security Council, Adopted by the Security Council at its 5153rd meeting, on 29 March 2005
- International Humanitarian Law(IHL), Rule 1.The Principle of Distinction between Civilians and Combatants
- UNHCR, SUDAN EMERGENCY UNHCR SUPPLEMENTARY APPEAL 2024 DECEMBER 2023
- United Nations Population Fund(UNFPA),South Sudan: Prepositioning and Preparedness
[1] United Nations Office for the Coordination of Humanitarian Affairs (OCHA), “Sudan: Humanitarian Needs Overview 2023 (link).
[2] World Health Organization (WHO), “Health in Conflict: Sudan (link)
[3] United Nations Population Fund(UNFPA) Sexual violence and severe hunger surge as Sudan war passes one year (link)
[4]United Nations Population Fund (UNFPA), The Impact of Armed Conflict on Women and Girls (link)
[5] Médecins Sans Frontières (MSF), People abandoned amidst horrific violence and humanitarian void in Central Darfur, (link)
[6] Human Rights Watch, Sudan: Ethnic Cleansing in West Darfur (link)
[7] UNITED NATIONS MISSION IN SOUTH SUDAN (UNMISS), WOMEN IN MALAKAL SEEK ELIMINATION OF SEXUAL VIOLENCE IN CONFLICT (link)
[8]The Convention on the Elimination of All Forms of Discrimination against Women(CEDAW) (link)
[9]International Committee of the Red Cross, Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977. (link)
[10]Amnesty International, DESTRUCTION AND VIOLENCE IN SUDAN,(link)
[11] Human Rights Council, Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General,(link)
[12] International Criminal Court (ICC), Situation referred to the ICC by the United Nations Security Council,(link)
[13] United Nations Security Council, Adopted by the Security Council at its 5153rd meeting, on 29 March 2005,(link)
[14] International Humanitarian Law(IHL), Rule 1.
The Principle of Distinction between Civilians and Combatants,(link)
[15] UNHCR, SUDAN EMERGENCY UNHCR SUPPLEMENTARY APPEAL 2024 DECEMBER 2023 (link)
[16]United Nations Population Fund(UNFPA), South Sudan: Prepositioning and Preparedness (link)
