Human Rights Watch (HRW) called on international actors to ensure accountability for the international crimes committed in Sudan on Monday, the 20th anniversary of the referral of the Darfur case to the International Criminal Court (ICC).
Despite the ongoing investigation, the humanitarian crisis in Sudan has continued to escalate. Civilians are targeted and killed, while communities are left facing severe famine and disease. On April 15, 2023, the humanitarian crisis worsened as fighting began between the Sudanese Armed Forces (SAF) and the paramilitary Rapid Support Forces (RSF). HRW research found violations of international humanitarian law committed by both parties in Khartoum, North Darfur, Gezira, and South and West Kordofan. Escalated violence and famine among civilian populations persist to this day.
International justice director at HRW, Liz Evenson states:
The warring parties have trapped the Sudanese people once again in an impunity-fueled cycle of violence, committing horrific atrocities and leading to the world’s worst humanitarian crisis … Governments should commit publicly to explore all avenues to close the accountability gap in Sudan, so that victims of today’s crimes will not have to wait another two decades for justice.
In March 2005, the UN Security Council mandated the International Criminal Court (ICC) to investigate the alleged crimes against humanity, war crimes and genocide that took place during the Darfur civil war beginning in July 2002. Under the Rome Statute, these crimes are considered the most serious crimes of concern to the international community as a whole that warrant the adjudication of an international court.
Since 2005, the ICC has issued 7 arrest warrants for suspects of human rights abuses, including former Sudanese president, Omar Hassan Al-Bashir. However, the limitations of the court are revealed through its inability to enforce these warrants. The ICC relies on cooperation with the international community for arresting suspects. “With only one trial ongoing, no reparations delivered, and no visible movement on outstanding arrest warrants, there is a real sense that justice has stalled,” said Danya Chaikel, the International Federation for Human Rights (FIDH) Representative to the International Criminal Court.
A prominent issue remains that the ICC’s jurisdiction for the ongoing investigation remains limited to Darfur, despite the human rights abuses that run rampant across the entire country. In January 2025, the ICC prosecutor announced the preparation of new arrest warrants relating to war crimes in West Darfur. He also stressed the need for increased cooperation in enforcing the arrest warrants.
In January, President Trump issued an executive order imposing US sanctions on the ICC. These sanctions negatively impact and undermine the court’s ability to pursue international justice.
HRW urges ICC member countries to “reaffirm their commitment to defend the court.” They call for nations to support the ICC by ensuring the court has adequate resources and cooperating with arrests. The group also called for Sudan to accept the ICC’s jurisdiction throughout the nation. Additionally, they call for the EU to activate the blocking statute against US sanctions.