His Excellency, the President of the Human Rights Council, Honorable Members of the Human Rights Council, Geneva, Switzerland Date: October 3, 2024

His Excellency, the President of the Human Rights Council, Honorable Members of the Human Rights Council, Geneva, Switzerland Date: October 3, 2024

Subject: Position of the African-European Organization for Humanitarian Action and Development on the Formation of the Sudan Investigation Committee

Your Excellencies,

On behalf of the African-European Organization for Humanitarian Action and Development, and in accordance with our commitment to upholding human rights and ensuring international justice, we address your esteemed council regarding the recent decision by the Sudanese authorities to form an investigative committee on war crimes and violations related to the ongoing conflict in Sudan.

First: The Illegitimacy of the Committee’s Formation

The committee was established by a decision issued by Lieutenant General Abdel Fattah al-Burhan, Chairman of the Transitional Sovereignty Council in Sudan. However, this committee lacks the necessary legal independence, as the Sudanese Armed Forces, a direct party to the conflict, is a member of the committee. This constitutes a clear conflict of interest and raises doubts about the integrity of the investigations that will be conducted. Moreover, the appointment of committee members was made following the outbreak of the conflict and by direct order of the military leader, further reinforcing concerns about his influence over the committee and its decisions.

Second: Prejudgment Against a Specific Party

The committee’s mandate specifies the investigation of crimes committed by the Rapid Support Forces, without addressing crimes committed by other parties involved in the conflict. This represents clear bias and contravenes the principles of international justice, which require the investigation of crimes committed by all parties without discrimination. Such an approach threatens to undermine comprehensive justice.

Third: Concerns Regarding the Endorsement of this Committee by the Port Sudan Government

The insistence of the Port Sudan government and the countries supporting the Sudanese military on this committee poses a significant obstacle to achieving true justice. This stance is contrary to human rights principles and enables perpetrators to escape accountability. We urge the Human Rights Council to review this position and ensure the neutrality of any investigative committee formed.

Fourth: The Need to Renew and Expand the Mandate of the Fact-Finding Mission

We call on your esteemed Council to renew the mandate of the Fact-Finding Mission established by Human Rights Council Resolution A/HRC/RES/54/2. We also urge the necessity of exerting pressure on all parties involved in the conflict to fully cooperate with the mission to ensure the comprehensive collection of evidence and the achievement of justice.

Fifth: The Urgent Need for International Intervention to Protect Civilians

Over the past month, there has been a horrific escalation of attacks against civilians, with aerial bombardments in areas such as Malit, El Fasher, and Nyala causing widespread destruction of civilian homes. Furthermore, there have been reports of widespread assassinations and rapes in areas where the Sudanese military and its allies have advanced. The presence of extremist Islamist militias, following similar patterns to those of terrorist organizations like ISIS, adds an additional layer of danger to civilians, making immediate international intervention a necessity that cannot be ignored.

Conclusion

The African-European Organization for Humanitarian Action and Development calls on the Human Rights Council to ensure the independence and impartiality of any investigation committee addressing the crimes committed in Sudan. We also urge the renewal and expansion of the Fact-Finding Mission’s mandate to protect civilians and ensure that perpetrators of crimes are brought to justice.

We trust that your esteemed Council will take the necessary measures to ensure justice in Sudan in line with human rights principles and international law.

Please accept our highest regards and respect.

African-European Organization for Humanitarian Action and Development

Email: oaahd11@gmail.com

WhatsApp: +33 766 119 460

https://www.oaahd.org/en

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