Sudan’s armed conflict which began on April 15, 2023 is between two former allies. On one side is General Abdel Fattah Al Burham of the Sudanese Armed Forces; on the other side is General Mohamed Hamdan Dagulo, known by his battle name of Hemedhi of the Rapid Support Forces. The conflict, which has spread to 14 of the 18 provinces of Sudan, has killed and wounded tens of thousands of civilians, displaced nearly 8 million people, and forced over two million to flee to neighboring countries. The agriculture of the country is disorganized, and many people face acute hunger.
There has been an appalling range of human rights and international humanitarian law violations including indiscriminate airstrikes and shelling against civilians, hospitals, and vital water services. The warring parties and their respective militia allies have made rape a weapon of war and have organized markets where women are sold for sexual slavery.
Rape harms not only the woman raped but also the whole family system. Often, the husband repudiates his wife. The whole family may scorn her. In a country where “the family” is a wide circle of people, the repudiated woman has few people to whom to turn for support. As was done by the “Islamic State” (IS, or Da’esh) in Iraq and Syria, sexual slave markets have been created where women are bought or exchanged.
So far, efforts by the United Nations (UN) and regional governments for a ceasefire and negotiations have not led to constructive action. Thus, the conflictual situation requires close cooperation among UN agencies, humanitarian and peace Nongovernmental Organizations.
Prof. René Wadlow is President of the Association of World Citizens.
War and armed violence are highly destructive of the lives of persons, but also of works of art and elements of cultural heritage. Knowledge and understanding of people’s past can help current inhabitants to develop their identity and to appreciate the value of their culture and heritage. Such knowledge and understanding enriches their lives and enables them to manage contemporary problems more successfully.
Since September 23, 2024, the armed conflict between the Israeli armed forces and the Hezbollah militia in Lebanon has led to increased air attacks by Israeli forces on different parts of Lebanon, resulting in deaths and the uprooting of a large number of people. Hezbollah had begun hostilities on October 8, 2023 by shelling Israeli positions in support of Hamas.
The Association of World Citizens (AWC) had called for a reduction of Israeli-Hezbollah tensions and has since called for a ceasefire and for the return of persons displaced in the areas on both sides of the Israel-Lebanon frontier. (See our Appeal of September 2024).
This AWC Appeal concerns the protection of cultural heritage as Israeli attacks have already harmed cultural heritage sites in Baalbek and Tyr as well as other culutral sites. Lebanon has a rich past going back to Biblical and Roman times.
After the Second World War, UNESCO had developed international conventions on the protection of cultural and educational bodies in time of armed conflict. The most important of these is the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. The Hague Convention has been signed by a large number of States.
The 1954 Hague Convention builds on the Roerich Peace Pact first proposed by the Russian painter and champion of Asian culture, Nicholas Roerich. The Roerich Peace Pact was signed on April 15, 1935 by 21 States in a Pan American Union ceremony at the White House in Washington, D.C.
The Banner of Peace (Pax Cultura), as defined by the Roerich Pact of 1935 (C) Kwamikagami
At the signing, Henry A. Wallace, then United States (U.S.) Secretary of Agriculture and later Vice-President, said, “At no time has such an ideal been more needed. It is high time for the idealists who make the reality of tomorrow, to rally around such a symbol of international cultural unity. It is time that we appeal to that appreciation of beauty, science, education which runs across all national boundaries to strengthen all that we hold dear in our particular governments and customs. Its acceptance signifies the approach of a time when those who truly love their own nation will appreciate in addition the unique contributions of other nations and also do reverence to that common spiritual enterprise which draws together in one fellowship all artists, scientists, educators and truly religious of whatever faith. Thus we build a world civilization which places that which is fine in humanity above that which is low, sordid and mean, that which is hateful and grabbing.”
We still have efforts to make so that what is fine in humanity is above what is hateful and grabbing. The AWC strives so that a start will begin in Lebanon and spread to the wider Middle East.
Prof. René Wadlow is President of the Association of World Citizens.
The armed conflicts in the Middle East: Israel-Palestine, Lebanon, Syria, Iraq, Iran, Yemen have led to increased violations of International Humanitarian Law. Medical facilities and medical personnel have been attacked; civilians have been targeted, educational facilities destroyed. Therefore, the Association of World Citizens (AWC) makes an urgent call for the respect of International Humanitarian Law. This must be a joint effort of governments and Nongovernmental Organizations.
Regular military personnel of all countries are theoretically informed of the rules of the Geneva Conventions of August 12, 1949, and the Protocol Additional adopted in 1977.
When the 1949 Geneva Conventions were drafted and adopted, it was possible to spell out in considerable detail rules regarding prisoners of war and the protection of civilians, in particular Common Article 3 (so called because it is found in all four Conventions) provides that “each Party to the conflict shall be bound to apply, as a minimum, the following provisions: Persons taking no active part in the hostilities … shall in all circumstances be treated humanely without any adverse distinction founded on race, color, religion or faith, sex, birth or wealth, or any other similar criteria.”
The importance of Common Article 3 should not be underestimated. It sets out in straightforward terms important protections that all parties to a conflict must respect. In order to meet the need for additional protection, international humanitarian law has evolved to cover not only international armed conflict but also internal armed conflict. Today, international human rights standards are also considered part of international humanitarian law, thus providing additional protection for vulnerable population groups such as women, children, and minorities.
As situations of internal violence and strife proliferate, abuses committed by non-State actors, such as armed militias, are increasing concerns. Fundamental standards of international humanitarian law are intended to ensure the effective protection of human beings in all situations. The standards are clear. (1)
There are two major weaknesses in the effectiveness of international humanitarian law. The first is that many people do not know that it exists and that they are bound by its norms. Thus, there is an important role for greater promotional activities, the dissemination of information through general education, specific training of the military, outreach to armed militias, and cooperation with a wide range of nongovernmental organizations.
The second weakness is that violations of international humanitarian law are rarely punished. Governments too often tolerate these violations. Few soldiers are tried, or courtmartialed, for the violations of international humanitarian law. This weakness is even more true of nongovernmental militias and armed groups.
In fact, most violations of international humanitarian law are not actions of individual soldiers or militia members carried away by a sudden rush of anger, fear, a desire of revenge or a sudden sexual urge to rape a woman. Soldiers and militia members violating the norms of international humanitarian law are acting on orders of their commanders.
Thus, the only sold response is an act of conscience to refuse an order of a military or militia higher up and refuse to torture, to bomb a medical facility, to shoot a prisoner, to harm a child, and to rape a woman. Conscience, that inner voice which discerns what is right from wrong and encourages right action is the value on which we can build the defense of international humanitarian law. The defense of conscience to refuse unjust orders is a large task but a crucial action for moving toward a law-based world society.
Notes
(1) For useful guides to international humanitarian law see:
D. Schindler and J. Toman, The Laws of Armed Conflicts (Martinus Nihjoff Publishers, 1988)
H. McCoubrey and N.D. White, International Law and Armed Conflicts (Dartmouth Publishing Co., 1992)
Prof. René Wadlow is President of the Association of World Citizens.
October 7-8, 2024 will mark one year of armed conflict between Israeli forces and the Hamas militia – an armed conflict which grinds on and has spread.
On October 8, 2023, in light of the October 7 Hamas attack and the start of the Israeli response in the Gaza Strip, the Association of World Citizens called for five immediate steps that it hoped would create a climate of dialogue and the start of negotiations in good faith. The proposals were posted on the World Citizens’ website, sent to the Israeli Missions to the United Nations (UN) and to groups that might have avenues of communication with Hamas.
“As Citizens of the World, we call for a ceasefire in the Israeli-Palestinian armed conflict;
For the release of all hostages held by Hamas and other Palestinian groups;
For the release of all Palestinian prisoners held in Israeli jails, often under administrative detention without trial;
For preventing the extension of the conflict to the Lebanon frontier through negotiations with Hezbollah;
For preventing an increase in violence on the West Bank among Israeli settlers and Palestinian villages;
For the start of negotiations in good faith for a political solution that ensures freedom and the collective safety of Israelis and Palestinians.”
(C) Ted Eytan
A year later, the armed violence has increased: in Gaza with a high number of persons killed, wounded and displaced, on the West Bank, in Lebanon, has expanded to Iran and brought in elements of the conflict in Yemen.
There have been relevant resolutions of the UN General Assembly, of the International Court of Justice, and appeals for a ceasefire and negotiations from many Nongovernmental Organizations (NGOs).
Due to the spiraling growth of destruction, as NGOs we must continue and increase our efforts.
Prof. René Wadlow is President of the Association of World Citizens.
The United Nations (UN) Independent International Fact-Finding Mission for the Sudan chaired by Mohamed Chande Othman of Tanzania said, in its first Report of September 6, 2024, that Sudan’s warring parties, the Sudanese Armed Forces and the Rapid Support Forces as well as their respective militia allies, have committed an appalling range of human rights and international humanitarian law violations including indiscriminate airstrikes and shelling against civilians, schools, hospitals, and vital water services.
The current armed conflict which began on April 15, 2023 between two former allies is led, on the one side, by General Abdel Fattah Al Burham of the Sudanese Armed Forces and, on the other, by General Mohamed Hamdan Dagulo, known by his battle name of Hemedhi, of the Rapid Support Forces. The conflict, which has spread to 14 of the 18 provinces of Sudan, has killed and wounded tens of thousands of civilians, displaced nearly 8 million people and forced two million to flee to neighboring countries and beyond.
Mohamed Chamde Othman (C) U.S. Government
As the Fact-Finding Mission Report highlights, the warring parties targeted civilians through rape, sexual slavery and other forms of sexual violence, arbitrary arrest as well as torture and ill-treatment. Assaults have been carried out against ethnic minorities, in particular the Masalit in West Darfur.
The Fact-Finding Mission, mandated by the Human Rights Council in October 2023, carried out a wide range of discussions and interviews. As the Expert Member of the Mission Mona Rishmawi said, “These findings should serve as a wakeup call to 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 for addressing the root causes of the conflict and ensuring accountability.”
Mona Rishmawi
Efforts for a ceasefire and the start of negotiations by the Personal Envoy for the Sudan of the UN Secretary-General have led to no advances. Thus, wider action is needed. Mohamed Othman has said, “The international community must support the Sudanese aspiration for an inclusive and representative civilian government that respects the rights of all citizens, fostering a path toward equality, justice and sustainable peace in Sudan.” In light of the many difficulties, he has called for sending UN peacekeeping forces to Sudan. “Given the failure of the warring parties to spare civilians, it is imperative that an independent and impartial force with a mandate to safeguard civilians be deployed without delay. The protection of the civilian population is paramount, and all parties must comply with their obligations under international law and immediately and unconditionally cease all attacks on the civilian population.”
As the deployment of an independent and impartial force depends on the UN Security Council the focus for action shifts from the Human Rights Council to the Security Council. We appeal for vitally needed action now.
Prof. René Wadlow is President of the Association of World Citizens.
August 30 each year is the International Day of the Victims of Enforced Disappearances. The Day highlights the United Nations (UN) General Assembly Declaration on the Protection of All Persons from Enforced Disappearances of December 18, 1992.
In a good number of countries, there are State-sponsored “death squads” – persons affiliated to the police or to the intelligence agencies who kill “in the dark of the night”, unofficially. These deaths avoid a trial which might attract attention. A shot in the back of the head is faster. In many cases, the bodies of those killed are destroyed. Death is suspected but not proved. Family members hope for a return. In addition to governments, nongovernmental armed groups and criminal gangs have the same practices.
Disappearances was one of the first issues to be raised, largely by Nongovernmental Organizations (NGOs) such as the Association of World Citizens (AWC), when the UN Secretariat for Human Rights with a new director, Theo van Boven, moved from New York to Geneva in 1977.
In 1976, Argentina’s military seized power and set out to kill opposition figures. This situation was quickly raised in the UN human rights bodies in Geneva. In 1980 a UN Working Group on Enforced or Involuntary Disappearances was created and has done important work.[i] However, continued action is needed by both the UN and national NGOs.
Prof. René Wadlow is President of the Association of World Citizens.
[i] See Iain Guest, Behind the Disappearances: Argentina’s Dirty War Against Human Rights and the United Nations (Philadelphia: University of Pennsylvania Press, 1990). Iain Guest was the Geneva UN correspondent for the International Herald Tribune. He had access to Argentine confidential documents once the military left power. He interviewed many diplomats and NGO representatives active in Geneva-based human rights work. This book is probably the most detailed look at how human rights efforts are carried out in the UN Geneva-based human rights bodies.
At a time when Palestinians in the Occupied West Bank and the Gaza Strip are under violent tensions, on July 19, the International Court of Justice (the World Court), published an Advisory Opinion, “Legal Consequences Arising from Policies and Practices of Israel in the Occupied Palestinian Territory Including East Jerusalem”. The request for an Advisory Opinion came from the United Nations (UN) General Assembly in 2023. The drafting by the World Court judges followed the oral hearings in February 2024 of the representatives of 50 States, the written statement of the Israeli authorities, and a voluminous dossier submitted by the UN Secretary-General on UN investigations and peacemaking efforts.
The international law framework concerns the standards set for the administration of occupied territories and the duties of an occupying power. The Advisory Opinion sets out the legal consequences for Israel, the legal consequences for other States, and the legal consequences for the UN.
(C) International Court of Justice
The Advisory Opinion does not offer new information. Nongovernmental Organizations (NGO), both in Israel and internationally, have documented in sad detail much of the violence against Palestinians, the destruction of homes by Israeli military forces, the increased presence of Israeli settlers in the West Bank, and many other forms of discrimination. The World Court considers this information reliable, and the information can serve as the basis of its deliberation without asking for new investigations.
The question which is now open is “What will be the consequences of the Advisory Opinion?” The World Court has no enforcement provisions for its decisions. The impact of the World Court depends for the most part on what national governments decide to do and on what pressure NGOs can develop. The tensions in the wider Middle East are real, and the Advisory Opinion may provide an impetus for action. The Association of World Citizens is devoted to strengthening international law and will follow these efforts with strong interest.
Prof. René Wadlow is President of the Association of World Citizens.
Karim Khan, chief prosecutor for the International Criminal Court (ICC), on May 20, 2024 announced that he had formally applied for arrest warrants for leaders of the Israeli government and the political and military leaders of the Islamic Resistance Movement (Hamas) for war crimes and crimes against humanity as set out in the Rome Statute which created the ICC. The Israeli leaders are Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and the Israeli Defense Force (IDF) Chief of Staff, General Herzi Halevi. The Hamas leaders are Yahya Sinwar, head of Hamas since 2017, Mohammed Diab Ibrahim Al-Masri, the Commander-in-Chief of the Al-Assam Brigades – the military arm of Hamas, and Ismail Haniyeh, head of Hamas’s Political Bureau based in Doha, Qatar.
The Israelis are accused of violations of international humanitarian law including starvation as a method of war including the denial of humanitarian relief supplies and deliberately targeting civilians. The Hamas leaders are said to be individually criminally responsible for the killing of Israeli civilians on October 7, 2023 and the taking of hostages.
(C) International Criminal Court
Karim Khan stated in an interview at the time of the announcement of the arrest warrants, “We must collectively demonstrate that international humanitarian law, the foundational baseline for human conduct during conflict, applies to all individuals and applies equally across the situations addressed by my Office and the Court. This is how we will prove, tangibly, that the lives of all human beings have equal value.”
The application for arrest warrants is the first step. The warrants must be approved by a panel of ICC judges which oversee such decisions. Israel is not a party to the Rome Statute of the ICC, but Palestine accepted its jurisdiction in 2015. The legal aspect of the next steps is complicated and need to be followed closely.
The Association of World Citizens has stressed that all elements of international humanitarian law must be safeguarded and charges of war crimes investigated.
Prof. René Wadlow is President of the Association of World Citizens.
On April 7, 2024, Paul Kagame, President of Rwanda, lit the memorial flame of the monument to the victims of the 1994 genocide during which some 800,000 persons, mostly ethnic Tutsi, were killed. In 1994, Paul Kagame was the head of a Tutsi-led militia, the Rwanda Patriotic Front, which put an end to the massacres in Rwanda. Many of the Hutu-led governmental forces of 1994 fled to what is today the Democratic Republic of Congo, where there were already established Hutu communities. Ethnic-tribal frontiers do not follow the same frontiers as those created by the colonial powers.
During the colonial period and also since independence, when speaking of Rwandan politics, politics was described as a struggle between Tutsi and Hutu. However, the conflictual cleavages were more complicated. There were a good number of “mixed marriages” between Tutsi and Hutu. Nevertheless, in times of tension, political leaders played upon the Hutu-Tutsi divide.
In 1994, as soon as Kagame’s forces took control of the capital, Kigali, he declared himself president and has held power since. His emphasis has been on economic stability, the development of tourism and the creation of an effective civil service. Because of the 1994 genocide, Rwanda has received a good deal of foreign aid and support. However, some 70 percent of the population are still in the rural areas and farm small plots of land.
A symbolic tombstone in memory of the Tutsi victims of the Rwandan genocide at the Père Lachaise cemetery in Paris, France (C) Pierre-Yves Beaudouin / Wikimedia Commons / CC BY-SA 4.0
The entry of Hutu militias into the Democratic Republic of Congo when defeated in Rwanda added to an already complicated situation in the administrative provinces of North and South Kivu. In mid-1994, more than one million Rwandan Hutu refugees poured into the Kivus. Many of these Hutu were still armed; among them were the “génocidaires” who, a couple of months earlier, were killing Tutsi and moderate Hutu. The “génocidaires” continued to kill Tutsi living in the Congo, many of whom had migrated there in the eighteenth century.
The people in eastern Congo have lived together for several centuries and had developed techniques of conflict resolution especially between the two chief agricultural lifestyles – that of agriculture and that of cattle herding. The Hutu were farmers and the Tutsi cattle raisers. However, a desire of others to control the wealth of the area – rich in gold, tin, and tropical timber – overburdened the local techniques of conflict resolution and opened the door to new negative forces interested only in making money and gaining political power. The inability to deal with land tenure and land use issues, the lack of social services and socio-economic development created the conditions which led to multiple forms of violence.
Land tenure issues have always been complex. Land is often thought of as belonging to the ethnic community and is given to clans or to individuals for their use, sometimes for a given period, sometimes for several lifetimes if the land is cultivated. The rules of land tenure often differ from one ethnic group to another even a small distance apart. Traditionally clan chiefs would be called upon to settle land disputes. However, with the large displacement of people, land disputes have become more frequent, and clan chiefs have often disappeared or lost their function as judges.
Into this disorder, in 1999, the United Nations (UN) sent peacekeepers but there was no peace to keep. The UN Stabilization Mission in the Democratic Republic of Congo (MONUSCO) was the largest of the UN peacekeeping forces, currently some 2,000 military, 180 police, and 400 civilian administrators.
Troops with the Ghanaian Battalion of MONUSCO marking their medal presentation day in Kinshasa on October 19, 2017 (C) MONUSCO Photos
The States which have provided the bulk of the UN forces in the Congo – India, Pakistan, Bangladesh, and Nepal – have other worries and few cultural affinities. Thus, these States have made no large effort to call world attention to the eastern Congo and to the very difficult situation the soldiers face. UN troops are not trained to deal with complex cultural issues – especially land tenure and land use issues which are the chief causes of the conflicts.
Thus, there is a popular frustration at the ineffectiveness. The troops are popularly called “tourists” who only watch what is going on. Despite the UN troops, there have been large-scale occurrences of violation of human rights and humanitarian law by all the many parties in the conflict with massive displacement of population, plundering of villages, systematic rape of women, summary executions and the use of child soldiers. Thus, the newly elected President, Felix Tshisekedi, has asked the UN to remove all its troops by the end of 2024. Troops are currently being removed.
One of some 200 armed groups in eastern Congo, the M23, is said to be backed by Rwanda, although the Rwanda government denies this. Today, there is a security vacuum, and the military of the Democratic Republic of Congo will have difficulty to create stable socioeconomic structures. Thus, the 1994 genocide is a stark reminder that violence has long range consequences.
Prof. René Wadlow is President of the Association of World Citizens.
With the armed conflict in the Gaza Strip continuing to increase the number of dead, wounded, and displaced and the danger of the conflict spreading to other areas of the Middle East, renewed efforts of conflict resolution need to be made. The United Nations (UN) has been active especially in relief efforts, and many Nongovernmental Organizations (NGOs) have expressed their concern. NGOs have also been active in relief efforts. However, the inadequate amount of relief supplies that enter the Gaza Strip limits the impact of nongovernmental activity.
From the start of the Gaza conflict more than 100 days ago, NGOs such as the Association of World Citizens have been highlighting positive steps on the path to negotiations. They have stressed four major steps:
1) An immediate ceasefire;
2) Release of hostages held by Hamas and other Palestinian armed groups, release of Palestinian prisoners held in Israeli jails – often under administrative detention without trial;
3) Preventing the extension of the conflict to Lebanon’s frontier through negotiations with Hezbollah;
4) Preventing an increase in violence in the West Bank between Israeli settlers and Palestinian villages.
In October 2023, a building destroyed in Gaza (C) Ali Hamad/APAimages
The start of hearings on the charge of genocide at the International Court of Justice has added international attention to the Gaza Strip situation and more broadly to the Israel-Palestine drama.
The need for conflict resolution action is great. The proposals of NGOs hold a light of hope.
Prof. René Wadlow is President of the Association of World Citizens.