International law and legitimacy matter: The world should treat the RSF as it did Islamic State and similar groups

Hussein Awad Ali*

Hussein Awad Ali*

Published Sep 18, 2024

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Hussein Awad Ali*

In the first part of this article, I discussed the inadequacy of the international community’s response so far to the war of aggression by the RSF militia and its external sponsors against the Sudanese people and state (The Janjaweed Rebranded: Why the International Community’s Calls to RSF Fall on Deaf Ears?). Below, I argue that international law provides a firm foundation for peaceful resolution of the Sudan crisis.

A state’s right to defend itself and its citizens is a core principle established in international law and the UN Charter. The right is not a mere privilege but a duty that states must exercise to safeguard their sovereignty and the well-being of their people. However, as global conflicts evolve, we must focus on the grave atrocities committed by non-state actors, such as terrorist groups, criminal organisations, and militias. The Rapid Support Forces (RSF), formerly known as the Janjaweed in Sudan, embody all three of the categories.

Unfortunately, institutions tasked with upholding international law often inadvertently undermine state sovereignty, which is the bedrock of the international order. This happens when non-state actors are given the same legitimacy as sovereign states and their institutions. Moreover, justice, human rights and humanitarian law issues are increasingly politicised.

The latest report of the UN Human Rights Council’s Fact-finding Mission on Sudan is a case in point. The report documents the unprecedented atrocities and serious violations of international humanitarian law by the militia, including war crimes, crimes against humanity, sexual violence, enslavement and child recruitment. The mission, however, in defiance of logic and justice, calls for imposing an arms embargo that would include the Sudanese Armed Forces, the national army that defends the people of Sudan against the savage militia. In other words, it advocates depriving the Sudanese people and state of the most fundamental right and duty – self defence, in the face of what amounts to foreign invasion of the country.

Common Traits of Terrorism:

In the past decade, the international community united against Islamic State after it seized large parts of Iraq and Syria, posing a threat to the broader Middle East. Similarly, West African nations co-ordinated efforts to contain Boko Haram.

The RSF militia shares three major traits with terrorist organisations: an extremist ideology, cross-border operations and indiscriminate brutality, particularly towards civilians and women. While the ethnic and gender-based violence of the militia is well-documented, less attention has been paid to its other traits that categorise it among terrorist groups.

The militia’s extreme violence stems from an ideology of racial supremacy, seeking to create an exclusive homeland for Arab tribes from Darfur and the Sahel, often referred to as the “Diaspora Arabs“. To achieve this, the militia is driving out populations in fertile regions like Darfur, Kordofan, Al-Gezira, and Sennar to resettle the Arab nomads.

Racist Extremism:

Few media outlets have highlighted the dangers of the project. Notable Sudanese writer Osman Mergani, formerly the deputy editor-in-chief of the pan-Arab Al-Sharq Al-Awsat newspaper, among others, recently warned of the far-reaching consequences of this scheme for the entire region. Joint investigations by Sky News, Lighthouse Reports, The Washington Post, and Le Monde revealed a systematic pattern of ethnic cleansing by the RSF, whose fighters chant slogans such as “Victory is for Arabs”.

Social media is flooded with videos of young Arabs from the Sahel celebrating the RSF’s perceived military successes in Darfur and other regions, with prominent figures from the communities publicly praising their “rising leader“, Hemetti. Renowned Horn of Africa expert Alex de Waal noted early on in the conflict that ”the RSF is now a private transnational mercenary enterprise“, capable of turning Sudan into a subsidiary of this venture if left unchecked. The militia has become heavily dependent on mercenaries and Arab tribesmen after significant losses.

International Response and Accountability:

Unlike its response to Islamic State and Boko Haram, the international community has largely underestimated the threat posed by the RSF/Janjaweed militia. Even more concerning is that certain state and non-state actors continue to provide military support to the militia, allowing it to perpetrate violence with impunity. This is not just a Sudanese issue; it is an international concern that demands a unified and principled response.

Criminals do not voluntarily submit to the law, and states employ law enforcement to protect themselves. Some scholars describe the international order as “anarchic” due to the absence of a globally recognised supreme authority. However, international law, the UN system and other regional organisations matter. Without them, we risk descending into lawlessness.

Values vs Political Expediency:

It is troubling to see many nations prioritising their narrow national interests over universal values when it comes to condemning crimes against civilians and preventing the recruitment of mercenaries. The selective approach erodes the foundations of international justice and human rights.

The world must not ignore the suffering of the Sudanese people for the sake of political convenience or economic gain. The path to lasting peace in Sudan requires a new approach to dealing with the RSF. The international community must treat the militia as it treated Islamic State and similar groups, through not only vocal condemnation but also concrete actions that hold its leaders, financiers, and sponsors accountable. Priority must be given to cutting off the militia's supply of weapons and mercenaries.

Furthermore, the global community should support Sudan in establishing a comprehensive peace process. This includes promoting dialogue among all stakeholders, strengthening state institutions and fostering respect for human rights and the rule of law. The Sudanese people deserve a future free from violence and oppression, achievable only through genuine commitment to peace and justice.

It is time for the world to stand with the Sudanese people and demand accountability for those who commit atrocities. Only through a united and principled effort can lasting peace and stability be achieved in Sudan. The country’s future depends on our collective resolve to uphold justice, human rights and the rule of law.

*Minister of Foreign Affairs of the Republic of Sudan.

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