UN Recommendation for an ‘Arms Embargo’: Is Sudan Facing ‘Chapter VII’?

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Following the ongoing conflict for nearly 17 months, an international mission has recommended imposing an arms embargo on the warring parties in Sudan and deploying a peacekeeping force to protect civilians.

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In October of last year, the Human Rights Council in Geneva adopted a resolution establishing an independent international mission to investigate the violations and crimes accompanying the violent clashes between the army and the Rapid Support Forces in Sudan.

On Friday, the international mission released its first report consisting of 19 pages after investigations and interviews conducted by the team between January and August 2024, including visits to Chad, Kenya, and Uganda, and direct testimonies from about 182 survivors and their family members, eyewitnesses, as well as extensive consultations with experts and civil society members.

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The report recommended imposing an arms embargo on the warring parties in Sudan and deploying a peacekeeping force to protect civilians.

Chapter VII

Political analyst Mohamed Al-Asbat says, “Since the failure of the Geneva negotiations, I have repeatedly indicated that the outcomes will eventually lead to placing Sudan under Chapter VII. These are the initial steps toward putting Sudan under Chapter VII and sending UN troops initially under the broad title of protecting civilians and delivering aid.”

He added,” “The issue could then develop into an air and weapons embargo, and so forth. Therefore, it is expected that this process will evolve quickly, starting with an air and weapons embargo in Darfur and deploying UN troops to protect civilians and deliver aid. This is what is anticipated in the coming days.”

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Commenting on the move, Basha Tabeq, advisor to the Rapid Support Forces commander, stated that the recommendation from the fact-finding mission to deploy a neutral force to protect civilians in Sudan “comes as a natural response to the Sudanese army’s obstinacy and refusal to enter into negotiations, as well as its ongoing escalation and targeting of civilians.”

The Sudanese army denies these accusations, asserting that its actions aim to protect the country.

Tabeq clarified in a tweet on the X platform that this recommendation reflects the urgent need to protect civilians under the current circumstances.

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He noted that “the current situation requires international intervention to ensure the safety of citizens and that the deployment of a neutral force could lead to a radical change in the political landscape in Sudan, potentially resulting in the existence of two governments in the country.”

Deployment of an Independent Force

Mohamed Shandi Othman, head of the UN fact-finding mission, stated that “due to the failure of the warring parties to protect civilians, it is imperative to deploy an independent and neutral force with a mandate to protect civilians without delay.”

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He emphasized that protecting civilian populations is crucial, and all parties must adhere to their obligations under international law and cease all attacks on civilians immediately and unconditionally.

Othman praised the various efforts made to bring the parties to the negotiating table and stated that “the people of Sudan deserve a future marked by peace, prosperity, and respect for human rights.”

He continued, “The international community must support Sudan’s aspiration for an inclusive and representative civilian government that respects the rights of all citizens. This support is essential for strengthening the path toward equality, justice, and sustainable peace in Sudan.”

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The report recommended expanding the existing arms embargo in Darfur, in accordance with Security Council Resolution 1556 (2004) and subsequent resolutions, to cover all of Sudan to halt the supply of arms, ammunition, and other forms of logistical or financial support to the warring parties and prevent further escalation.

The report warned those involved in arms provision, stating that they could be complicit in serious human rights violations and breaches of humanitarian law.

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Violations

The report noted that the warring parties in Sudan have committed a horrifying array of human rights violations and grave international crimes, many of which could amount to war crimes and crimes against humanity.

It called on the Sudanese authorities to cooperate with the International Criminal Court, to surrender all accused persons, including the deposed President Omar al-Bashir, and to expand the Court’s jurisdiction over all Sudanese territory, in accordance with Security Council Resolution 1593 (2005) regarding the situation in Darfur.

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The report also called for the establishment of a separate international judicial mechanism working alongside and complementing the International Criminal Court.

It concluded that both the Sudanese Armed Forces and the Rapid Support Forces, along with their allies, are responsible for widespread patterns of violations, including indiscriminate and targeted attacks carried out through air raids and shelling against civilians, schools, hospitals, communication networks, and essential infrastructure such as water and electricity.

It accused the conflict parties of targeting civilians and volunteers who assist survivors or document violations, through rape and other forms of sexual violence, arbitrary arrest and detention, as well as torture and ill-treatment.

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The report stated that these violations could constitute war crimes.

The fighting between the army and the Rapid Support Forces, which began in the capital Khartoum and spread to 14 of the country’s 18 states, has resulted in tens of thousands of civilian deaths and injuries, and displaced more than ten million people internally and externally.

Team member Jowi Ngozi Eziulo said, “The people of Sudan have suffered unimaginable tragedy. Priority must be given to a sustainable ceasefire to stop the fighting and enable the effective delivery of urgently needed humanitarian aid to all those in need, regardless of their location.”

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Team member Mona Rashmawi stated in a press interview that “these findings should serve as a wake-up call for the international community to take decisive action to support survivors, their families, and affected communities and hold perpetrators accountable. A comprehensive approach to transitional justice is vital to address the root causes of the conflict and ensure accountability.”

Since mid-April 2023, the Sudanese army and the Rapid Support Forces have been engaged in a war that has caused approximately 15,000 deaths and more than 10 million displaced and refugees, according to the UN.