Entrenching Impunity
Government Responsibility for International Crimes in Darfur

I. Summary

II. Recommendations

To the Government of Sudan
To the SLA, JEM and other rebel factions
To the United Nations Security Council
To the African Union
To the African Union Mission in Sudan (AMIS)
To the International Criminal Court (ICC)
To the United States, European Union and Canada

III. Background

IV. Ground Forces of “Ethnic Cleansing”: the “Janjaweed” Militias

A. Musa Hilal: Lynchpin of Militia Recruitment
B. Musa Hilal’s Role in the Attacks in North Darfur
C. Government-Militia Coordination

V. Coordinating the Crimes: The Role of Regional Officials

A. Khartoum’s Representatives: The Civilian Administrators
B. Wadi Saleh: Perpetrators of the March 2004 Executions

The crimes in Wadi Saleh

VI. The Sudanese Military: Implementing the Policy of Attacks on Civilians

A. South Darfur, December 2004: Anatomy of a Government Offensive against Civilians

Involving the militias
The South Darfur offensive as an example of the military-militia relationship

B. From Adwah to Hamada

Adwah: November 30, 2004
Marla, Ishma and Um Zaifa: December 8–10, 2004
Marla: December 15–16, 2004
Labado: December 17, 2004
Hamada: January 13–14, 2005

C. Knowledge of and Complicity in the Attacks by the Military

VII. The Role of President Omar El Bashir and National Officials in Darfur Policy

A. Key National Policymakers

Vice-President Ali Osman Taha
Maj. Gen. Abduraheem Mohammed Hussein

B. The Security Services

VIII. Entrenching Impunity

A. No Disarmament of the Janjaweed
B. Individual Impunity from Prosecution
C. No Justice: The National Tribunal for Crimes in Darfur

Inaction on rape and sexual violence

D. Destroying Evidence?

IX. Culpability of Individuals under International Law

A. Violations of International Humanitarian Law
B. Crimes against Humanity
C. Individual Criminal Responsibility
D. Command Responsibility

Superior-subordinate relationship
The superior’s knowledge
Superior duty to take necessary and reasonable measures to prevent the crime or to punish the perpetrator

E. State Responsibility for Crimes Committed by Militia Members

X. The Response of the International Community

Acknowledgements

Annex 1: Partial list of individuals who should be investigated by the ICC

December 2005   Volume 17, No. 17(A)