The document provides an overview of a research project examining the conflict in Darfur and the application of international humanitarian law (IHL). It will analyze the armed conflict through the lens of applicable IHL conventions [1], determine the liability of factions involved [2], and assess the role of the International Criminal Court in enforcing IHL [3]. The research will employ doctrinal and qualitative analysis of legal sources to evaluate IHL compliance and the international response.
The document provides an overview of a research project examining the conflict in Darfur and the application of international humanitarian law (IHL). It will analyze the armed conflict through the lens of applicable IHL conventions [1], determine the liability of factions involved [2], and assess the role of the International Criminal Court in enforcing IHL [3]. The research will employ doctrinal and qualitative analysis of legal sources to evaluate IHL compliance and the international response.
The document provides an overview of a research project examining the conflict in Darfur and the application of international humanitarian law (IHL). It will analyze the armed conflict through the lens of applicable IHL conventions [1], determine the liability of factions involved [2], and assess the role of the International Criminal Court in enforcing IHL [3]. The research will employ doctrinal and qualitative analysis of legal sources to evaluate IHL compliance and the international response.
The document provides an overview of a research project examining the conflict in Darfur and the application of international humanitarian law (IHL). It will analyze the armed conflict through the lens of applicable IHL conventions [1], determine the liability of factions involved [2], and assess the role of the International Criminal Court in enforcing IHL [3]. The research will employ doctrinal and qualitative analysis of legal sources to evaluate IHL compliance and the international response.
TOPIC- SCRUTINIZING THE TRIAL OF OMAR AL-BASHIR: A NOTE ON THE
SUDANESE CRISIS
INTRODUCTION
The Darfur armed conflict, occurring between Sudanese armed forces, their affiliated militia and various rebels (some of whom receive external support) between 2003-2008, has inflicted unspeakable consequences upon civilians, their villages, towns, homes and other civilian objects—in particular relief assistance. The international community, including Sudan, has made, and is still making, albeit slowly, various efforts to secure peace and to stop violations of humanitarian principles in Darfur, including the controversial referral of some criminal cases to the ICC (which led to the indictment of the president of Sudan and the first head of state to be so) and the deployment of peacekeepers/enforcers which constitute the main features of the responses.
From 2003 to 2008, the Sudanese government along with rapid action forces like the Janjaweed militia, initiated systemic attacks on the indigenous tribes of Sudan in Darfur. These attacks were carried out in order to curb a growing rebellion against the Sudanese government’s mistreatment and marginalization of the tribes in Sudan. This involved mass murders, rape, pillage, torture, and execution of the civilian population of Darfur over a period of six years. When investigated into by the UNSC the situation was termed as one of the worst humanitarian crisis, with an estimated one million people displaced since fighting intensified early in 2003. With the evidence of actively ordering these grave war crimes and crimes against humanity, the heads of military and the President of Sudan, Omar Al-Bashir, was held liable for their derogation from IHL by the ICC in 2009. However, it wasn’t until recently that they were finally brought under the hold of the ICC for trial, giving rise to an important problem for the application of IHL and the delivery of due justice. Thus the project delves into examining the application of principles of IHL within the internal armed conflict situation of Darfur. The study will focus on the violation of Humanitarian rights of the civilians and the obligation of the authoritative parties involved in the conflict. From this, the discussion will move towards determining the liability of the heads of government involved in the conflict and their obligation under the IHL, while also examining the role of ICC in enforcing IHL within Darfur.
LITERATURE REVIEW
1. Ahmad Sikainga, 'The World's Worst Humanitarian Crisis': Understanding the
Darfur Conflict, published by The Ohio State University and Miami University: Since 2003, the Darfur region of western Sudan has been the site of terrible violence, death, and displacement; what the United States has labeled 'genocide.' Despite what is currently the world's largest relief operation, efforts to calm the conflict and assist the approximately five million Darfurians suffering ongoing deprivation have produced precious few results. With no end in sight for the turmoil, Ahmad Sikainga, a native of Sudan and Professor of History at Ohio State University, explores the origins and current status of the Darfur conflict.
2. Amnesty International, Sudan: Darfur: "Too Many People Killed for No
Reason": This report by Amnesty International examines the conflict unfolding in Darfur, Western Sudan particularly in relation to the armed political groups acting in the region and the grave human rights abuses committed against civilians.
3. Zeray Yihdego, “Darfur and Humanitarian Law: The Protection of Civilians and Civilian Objects”, Journal of Conflict & Security Law: This article deals with international humanitarian law (IHL) rules relating to the protection of civilians and civilian objects in the conflict. It examines the nature of the conflict, the applicable rules and compliance with those rules and the weakness and strengths, if any, of the responses of the international community in providing physical protection to civilians and their objects. It is argued that while the primary responsibility to stop violating civilian immunity rests on the warring parties there, and the regional approach to prevent widespread IHL violations in Darfur may have some obvious advantages, the erga omnes nature of the concerns at issue necessitates a concerted, adequate and timely global action to prevent further atrocities on the ground. The paper concludes with some suggestions which may help further prevent/mitigate armed violence against civilians. STATEMENT OF PROBLEM
Even though the conflict in Darfur is of a non-international character, it required a prompt
response from the international community for compliance with IHL norms.
HYPOTHESIS
The conflict of Darfur was of the nature of an armed conflict, thus derogations from the application of IHL on behalf of the government were unjust.
RESEARCH QUESTIONS
• Whether the conflict in Darfur comes within the purview of International Humanitarian Law? • What were the specific conventions which protected people in Darfur? • Whether the involvement of ICC ensures compliance of IHL?
RESEARCH METHOD
The researcher has employed a combination of both doctrinal and qualitative research. The emphasis is upon analysis of legal rules, principles or doctrines along with an examination of their interplay with political realities. The sources of the researcher’s analysis have been located in statutes, judicial pronouncements, and discussions in commentaries, textbooks, journals, and debates. A careful observation has also been made by analyzing experiences of individuals or groups, by analyzing interactions and communications or by analyzing documents. On the basis of the analysis of the same the researcher has advanced the set of formulations.
PLAN OF STUDY
Following is the tentative chapter list for the project;
1) Introduction 2) Historical context and background to the issue 3) The crisis through the lens of IHL : applicable laws and conventions 4) The liability of the participating factions 5) ICC’s involvement in the issue 6) Conclusion/Suggestions
OBJECTIVES • To retrospectively assess the situation in Darfur and bring it under the purview of IHL. • To observe the lasting impressions of Humanitarian violations on the victims. • To examine the involvement of the international community in ensuring compliance with IHL.
