Entrenching Impunity
Government Responsibility for International Crimes in Darfur


II. Recommendations


To the Government of Sudan

  • Suspend from official duty, investigate, and fully prosecute all civilian and military personnel -- including government officials, military and militia commanders, soldiers, police officers, and PDF members -- implicated for individual or command responsibility for serious violations of international human rights and humanitarian law in Darfur.
  • Fully cooperate with and facilitate the International Criminal Court's investigation in Darfur, and permit investigators full and unimpeded access throughout Sudan which should include access to all potential and actual witnesses and material.
  • Establish an internationally monitored compensation fund for victims of human rights violations and war crimes in Darfur.
  • Remove all obstacles to the deployment of the A.U. Mission in Sudan (AMIS) including by: expediting clearance and full movement and access throughout Darfur of armored personnel carriers and other equipment, supplies and, personnel requested by AMIS; supporting enhanced protection of civilians including proactive patrolling; and, cease obstructing AMIS protection efforts.
  • Include in any peace agreement with the rebel groups provisions reiterating the obligation of all parties to the conflict to respect human rights and abide by international humanitarian law; ensure that there is no amnesty from prosecution for persons implicated in serious violations of international human rights and humanitarian law.

To the SLA, JEM and other rebel factions

  • Take all appropriate action to prevent and punish human rights abuses, and violations of international humanitarian law by rebel commanders and combatants, including:
    • abduction of and other attacks on civilians, aid workers, and AMIS non-combatants; 
    • interference with humanitarian convoys and other distribution of humanitarian assistance;
    • recruitment and use of child soldiers; and
    • obstruction of civilian freedom of movement.
  • Include in any peace agreement with the Sudanese government provisions reiterating the obligation of all parties to the conflict to respect human rights and abide by international humanitarian law; ensure that there is no amnesty from prosecution for persons implicated in serious violations of international human rights and humanitarian law.

To the United Nations Security Council

  • Pass a resolution calling on the Sudanese government to: suspend from duty, investigate, and prosecute government officials, military and militia commanders, soldiers, PDF members, and police officers responsible for serious violations of international human rights and humanitarian law; establish an internationally monitored compensation fund for victims of human rights violations and war crimes; fully cooperate with the ICC; stop obstructing AMIS operations; and support proactive patrolling and other AMIS measures to protect civilians. 
  • Renew the mandate of the Sanctions Committee Panel of Experts and ensure that its recommendations are promptly implemented by the Sanctions Committee of the Security Council, and that a list of individuals eligible for sanctions is promptly compiled and penalties immediately placed on those individuals identified as in violation of resolution 1591.
  • Instruct the Department of Peacekeeping Operations to work closely with the A.U. to intensify a review of long-term protection needs in Darfur and how improved protection can be achieved through closer collaboration.

To the African Union

  • Cancel plans to convene an extraordinary summit of the A.U. scheduled for January 2006, in Khartoum, and ensure that Sudanese President Omar El Bashir is not elected to the presidency of the A.U.
  • Immediately strengthen the deployment of military troops and civilian police in AMIS, and clarify the rules of engagement to ensure the use of deadly force by AMIS troops to protect against threats to and attacks on civilians.
  • Work closely with the United Nations to intensify a review of long-term protection needs in Darfur and how improved protection can be achieved through closer collaboration.
  • Call on the Sudanese government to: suspend from duty, investigate and prosecute government officials, military and militia commanders, soldiers, PDF members, and police officers responsible for serious violations of international human rights and humanitarian law; establish an internationally monitored compensation fund for victims of crimes; fully cooperate with the ICC; cease obstructing AMIS operations, and support pro-active patrolling and the use of deadly force by AMIS troops to protect civilians.
  • Ensure that any peace agreement between the Sudanese government and rebel groups reiterates the obligation of all parties to the conflict to respect human rights and abide by international humanitarian law; ensure that there is no amnesty from prosecution for persons implicated in serious violations of international human rights and humanitarian law.

To the African Union Mission in Sudan (AMIS)

  • Proactively and aggressively enforce the existing mandate to protect civilians. Proactively patrol and, where necessary, use deadly force to protect against threats to and attacks on civilians.
  • Sign a cooperation agreement and fully cooperate with the International Criminal Court including by protecting mass graves and other forensic evidence in Darfur.

To the International Criminal Court (ICC)

  • Investigate and prosecute senior civilian officials at all levels of government, including President Omar El Bashir, as well as state governors, provincial commissioners, and individuals in the formal military chain of command, who were responsible for war crimes and crimes against humanity in Darfur.

To the United States, European Union and Canada

  • Exert maximum political pressure on the Sudanese government to: suspend from duty, investigate and prosecute government officials, military and militia commanders, soldiers, police officers, and PDF members responsible for serious violations of international human rights and humanitarian law; establish an internationally monitored compensation fund for victims of crimes; fully cooperate with the ICC; cease obstructing AMIS operations and support pro-active patrolling and the use of deadly force by AMIS troops to protect civilians.
  • Provide increased financial and technical resources to AMIS to strengthen its capacity to protect civilians.
  • Cooperate fully with the ICC in its criminal investigations.
  • Restore the $50 million dollars in funding for AMIS that was removed in October 2005 from the 2006 Foreign Operations Appropriations bill.

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