Since April 2023, Sudan has been engulfed in a nationwide armed conflict opposing the Sudan Armed Forces (SAF) and the Rapid Support Forces (RSF). What began as a power struggle within the military establishment has evolved into a war marked by mass displacement, systematic violence against civilians, and credible allegations of war crimes, crimes against humanity, and potentially genocide, particularly in Darfur. This article examines the origins and dynamics of the conflict, assesses the legal qualification of the crimes committed under international law, and analyzes the mandate, actions, and limitations of the International Criminal Court (ICC) in addressing accountability in Sudan.

1. Origins and Dynamics of the Conflict

The current conflict in Sudan is rooted in the fragmentation of the country’s military and political transition following the overthrow of President Omar al-Bashir in 2019. The Sudan Armed Forces (SAF), led by General Abdel Fattah al-Burhan, and the Rapid Support Forces (RSF), commanded by Mohamed Hamdan Dagalo (Hemedti), emerged as the dominant power holders after jointly orchestrating the October 2021 coup, which effectively ended Sudan’s civilian-led transition.

Despite their temporary alliance, tensions between SAF and RSF deepened over competing claims to political authority, control of economic assets, and the future structure of the security sector. The proposed integration of the RSF into the regular army became a critical fault line. These unresolved disputes culminated in the outbreak of open hostilities in April 2023, transforming internal rivalry into full-scale civil war.

The conflict is national in scope, distinct from previous Sudanese wars that were geographically confined. Fighting has devastated Khartoum, spread across Darfur, Kordofan, and Gezira State, and involved a growing number of local militias. This fragmentation has compounded insecurity and undermined efforts to protect civilians.

2. Humanitarian Impact and the Risk of Mass Atrocities

The war has triggered what the United Nations describes as the largest displacement crisis globally. More than 10 million people have been forcibly displaced, while over 25 million—nearly half of Sudan’s population—require humanitarian assistance. Public services have largely collapsed, with widespread destruction of hospitals, school closures, and acute food insecurity.

Particularly alarming is the resurgence of ethnically targeted violence in Darfur. RSF forces and affiliated militias have been implicated in systematic attacks against non-Arab communities, including the Masalit, Fur, and Zaghawa. Reports detail mass killings, village destruction, public executions, and widespread sexual violence. These patterns closely resemble atrocities committed in Darfur between 2003 and 2005 and raise serious concerns regarding the commission of mass atrocity crimes.

3. Legal Qualification of Crimes Under International Law

The legal assessment of crimes committed in Sudan is governed by international humanitarian law, international human rights law, and the Rome Statute of the International Criminal Court, as well as by UN Security Council Resolution 1593 (2005), which referred the situation in Darfur to the ICC.

3.1 War Crimes

Both SAF and RSF have been accused of committing war crimes, including deliberate or indiscriminate attacks against civilians, widespread pillage, destruction of civilian infrastructure, sexual violence, and summary executions. Attacks on protected objects such as hospitals and schools have been repeatedly documented.

Siege tactics employed in cities such as Khartoum, El-Fasher, Kadugli, and El-Obeid warrant particular scrutiny. While sieges are not per se prohibited under international humanitarian law, practices such as the starvation of civilians, obstruction of humanitarian assistance, attacks on civilian objects, and denial of safe passage constitute serious violations of the Geneva Conventions and the Rome Statute.

3.2 Crimes Against Humanity

The widespread and systematic nature of violence against civilians—especially in Darfur—supports the legal characterization of crimes against humanity. Documented acts include mass killings, forced displacement, ethnic persecution, systematic sexual violence, enforced disappearances, and the deliberate creation or exacerbation of famine conditions.

3.3 Genocide: Preliminary Indicators

Genocide requires proof of intent to destroy, in whole or in part, a protected group. While establishing such intent demands rigorous judicial analysis, multiple indicators in Darfur raise serious concern. These include targeted attacks on specific ethnic groups, dehumanizing rhetoric, destruction of livelihoods, and large-scale massacres.

In El-Geneina, beginning in April 2023, systematic killings of Masalit civilians were reported, alongside mass graves and summary executions. The Ardamata massacre in November 2023, in which between 800 and 2,000 civilians were reportedly killed, further underscores the gravity of the situation. These facts warrant close scrutiny by international judicial mechanisms.

4. The International Criminal Court: Mandate and Constraints

4.1 Jurisdiction and Ongoing Cases

The ICC’s jurisdiction over Darfur derives from UN Security Council Resolution 1593 (2005). It covers crimes committed since 1 July 2002 and includes war crimes, crimes against humanity, and genocide. The Court has previously issued arrest warrants against senior Sudanese officials, including Omar al-Bashir, and secured the conviction of Ali Kushayb in October 2025 on 27 counts of war crimes and crimes against humanity.

4.2 Addressing Crimes Since 2023

The 2005 referral remains legally valid, enabling the ICC to investigate new crimes committed in Darfur since 2023. Extending jurisdiction to the rest of Sudan would require either Sudan’s ratification of the Rome Statute, a new Security Council referral, or a formal declaration of acceptance by a future Sudanese government. The ICC Prosecutor has confirmed that recent crimes in Darfur may fall within the Court’s mandate.

4.3 Structural and Political Challenges

The ICC faces significant obstacles, including lack of access to Sudanese territory, limited cooperation from relevant authorities, insecurity affecting witnesses, political fragmentation, and regional geopolitical pressures. These constraints complicate investigations but do not diminish the Court’s legal authority.

5. The Role of the UN Fact-Finding Mission

The Independent International Fact-Finding Mission for Sudan, established in October 2023, plays a critical complementary role. Its mandate includes investigating serious violations of international law, identifying perpetrators, and preserving evidence for future prosecutions. Its findings, reported to the Human Rights Council and the General Assembly, are likely to be central to future accountability efforts.

Conclusion

Sudan’s conflict represents a convergence of military power struggles, humanitarian catastrophe, and mass atrocity crimes. While political solutions remain uncertain, the documentation of violations and pursuit of international criminal accountability remain essential. The effectiveness of the ICC and UN mechanisms will depend not only on legal mandates but also on sustained international political support to prevent further atrocities and combat entrenched impunity.

picutre by Amni Alba on unsplash