About This Report
Under Siege
December 12, 2012

Recommendations

To the Government of Sudan

  • Immediately stop indiscriminate attacks; parties to the conflict must at all times distinguish between civilians and combatants and between civilian objects and military objectives;
  • Order an end to all attacks directed at civilians by government forces, including the Sudan Armed Forces and Popular Defense Forces, which violate the laws of war, and hold those responsible to account by effective investigations and prosecution;
  • Immediately release all arbitrarily detained civilians, end ill-treatment and torture of all detainees, and ensure those detained on a lawful basis enjoy full due process rights; hold officers responsible for violations of the prohibition on arbitrary detention and ill-treatment of detainees to account by effective investigations and prosecution;
  • In accordance with obligations under international law, urgently facilitate unimpeded access by humanitarian aid groups to deliver assistance to civilians in all parts of Southern Kordofan and Blue Nile;
  • Permit safe passage for all civilians attempting to leave areas where there is active fighting and bombings;
  • Allow access for international monitors, including human rights officers, to Southern Kordofan and Blue Nile states;
  • Ratify the Rome Statute of the International Criminal Court and ensure that Sudanese President Omar al-Bashir, Ahmed Haroun, and other suspects appear before the court to face charges on serious crimes committed in Darfur.

To the Sudan People’s Liberation Army-North

  • Safeguard the neutrality and civilian nature of refugee camps and internally displaced persons (IDP) settlements by avoiding, to the extent feasible, locating forces in and near any refugee or IDP camps in Unity or Upper Nile states, South Sudan, or conducting military activity, including recruitment, in or near camps;
  • Investigate and hold to account soldiers accused of crimes against civilians, including displaced persons and refugees, and including sexual violence against women and girls;
  • Direct forces operating in Southern Kordofan and Blue Nile, to the extent feasible, not to locate themselves or military equipment in places populated by civilians;
  • Permit safe passage of all civilians attempting to leave areas where there is active fighting and bombings.

To the United Nations Security Council

  • Demand the immediate end to indiscriminate bombing and that all parties strictly adhere to the principle of distinction required by the laws of war;
  • Demand the immediate end to all attacks on civilians by Sudanese government forces, including the Sudan Armed Forces and Popular Defense Forces, in violation of the laws of war, and make it clear that those responsible must be held to account;
  • Urgently press both parties to facilitate unimpeded access by international humanitarian groups to civilians in need in Southern Kordofan and Blue Nile, pursuant to their legal obligations, and insist access be permitted within a specified time frame;
  • Press both parties to permit access for international monitors to Southern Kordofan and Blue Nile states;
  • Request the UN Secretary General to authorize an independent inquiry into, and publicly report on, serious breaches of the laws of war by all parties to the conflict in Southern Kordofan and Blue Nile since the conflict started. Where possible, the inquiry should seek to identify, those who, due to their individual or command responsibility for such violations, should be subjected to further criminal investigations and/or targeted sanctions;
  • Impose targeted sanctions against Sudanese and SPLM -North or SPLA-North officials deemed to be responsible for serious crimes including the failure to end indiscriminate bombing and other human rights violations, and for blocking humanitarian access to Southern Kordofan and Blue Nile states in violation of international law;
  • In view of the evidence of the commission of serious violations of international humanitarian law against civilians by the Sudanese armed forces, expand the existing arms embargo on Darfur to apply to the two states.

To the African Union and League of Arab States

  • Demand the immediate end to indiscriminate bombing and that all parties strictly adhere to the principle of distinction required by the laws of war;
  • Demand the immediate end to all attacks directed against civilians by Sudanese government forces, including the Sudan Armed Forces and Popular Defense Forces, in violation of the laws of war, and make it clear that those responsible must be held to account;
  • Urgently press both parties to facilitate unimpeded access by international humanitarian groups to civilians in need in Southern Kordofan and Blue Nile, pursuant to their legal obligations, and insist access be permitted within a specified time frame;
  • Press both parties to permit access for international monitors to Southern Kordofan and Blue Nile states;
  • Request the UN Secretary General to authorize an independent inquiry, and publicly report on, alleged violations of international human rights and international humanitarian law in Sudan’s Southern Kordofan and Blue Nile states. Where possible, the inquiry should identify those who, due to their individual or command responsibility for such violations, should be subjected to further criminal investigations and/or targeted punitive sanctions.

To Key Nations involved in Sudan including the United States, China, Qatar, South Africa, European Union, and its Member States

  • Demand the immediate end to indiscriminate bombing and that all parties strictly adhere to the principle of distinction required by the laws of war;
  • Demand the immediate end to all attacks directed against civilians by Sudanese government forces, including the Sudan Armed Forces and Popular Defense Forces, in violation of the laws of war, and make it clear that those responsible must be held to account;
  • Urgently press both parties to facilitate unimpeded access by international humanitarian groups to civilians in need in Southern Kordofan and Blue Nile, pursuant to their legal obligations, and insist access be permitted within a specified time frame;
  • Press both parties to permit access for international monitors to Southern Kordofan and Blue Nile states;
  • Support and actively work for the urgent establishment of an independent UN mandated inquiry to investigate and publicly report on alleged violations of international human rights and international humanitarian law in Sudan’s Southern Kordofan and Blue Nile states, and where possible identify individuals who, due to their individual or command responsibility for such violations, should be subjected to further criminal investigations and/or targeted punitive sanctions;
  • Impose targeted sanctions against Sudanese and SPLM-North and SPLA-North officials deemed to be responsible for crimes, including the failure to end indiscriminate bombing and other human rights abuses, and for blocking humanitarian access to Southern Kordofan and Blue Nile states in violation of international law.

To UNHCR and Humanitarian Organizations Working in Refugee Camps in South Sudan’s Unity and Upper Nile States

  • In Upper Nile State, increase the capacity of refugee registration teams, to ensure the timely registration of new arrivals and ensure they have full access to schools, clinics, shelter and food;
  • Create activities for adolescents and young people, including secondary schooling or other structured activities to reduce the risk of adolescent recruitment;
  • Develop initiatives, such as expanding pilot projects for fuel-efficient stoves, to reduce risk of sexual violence to women and girls when collecting firewood;
  • Create opportunities for female-headed households, for income generating activities or other assistance so that widows and other vulnerable women are able to provide basic needs for their children.