II. Recommendations

To the Sudanese government

  • Issue clear public orders to all commanders of government forces and government-supported Janjaweed militia to immediately cease all attacks on civilians and civilian property in Darfur.
  • Investigate alleged violations of international humanitarian law in West Darfur in February 2008, and any allegations of subsequent violations by the Sudanese armed forces, police or Janjaweed militia; bring perpetrators to justice, and provide reparations for the victims of such abuses, including by recovering and returning looted property.
  • Suspend from official duties Sudanese officials who are alleged to have participated in the February 2008 attacks, either directly or through command responsibility, and in any subsequent violations of international law.
  • Actively facilitate the full deployment of an effective UNAMID force throughout Darfur, including by immediately and formally agreeing to the deployment of non-African troops, and by ending all obstruction and delay of equipment and personnel.
  • Ensure that UNAMID is able to fulfill its mandate to protect civilians in Darfur by implementing in full the Status of Forces Agreement signed in February 2008, particularly the provisions for UNAMID to have the right to freedom of movement throughout Darfur, including to conflict-affected areas.
  • Cease all military, financial and political support to and recruitment of abusive Janjaweed militia, and immediately implement disarmament programs in accordance with relevant international standards.
  • Cease all offensive military over-flights and other breaches of the UN arms embargo pursuant to UN Security Council Resolution 1591.
  • Investigate all incidents of alleged crimes against humanity, war crimes, and other violations of international law committed in Darfur since 2003, including those committed by members of the Sudanese armed forces and Janjaweed militia; try alleged perpetrators in accordance with international fair trial standards; and provide reparations, including the return of confiscated property, to victims of abuses.
  • Facilitate full and unimpeded access of humanitarian personnel and the urgent delivery of humanitarian assistance to civilians.
  • Fully cooperate with the International Criminal Court, pursuant to UN Security Council Resolution 1593, including handing over Ahmed Haroun and Ali Kosheib in accordance with arrest warrants issued on April 27, 2007.

To rebel groups and former rebel groups

  • Issue clear orders to all commanders to abide by international humanitarian law, especially with respect to civilian protection.
  • Appropriately discipline any member alleged to have participated in violations of international law.
  • Facilitate full and unimpeded access of humanitarian personnel and the urgent delivery of humanitarian assistance to civilians.
  • Fully cooperate with UNAMID and ensure it can carry out its mandate unhindered, allowing for full freedom of movement throughout Darfur including to conflict areas. 

To the United Nations Security Council and UN Member States

  • The Security Council should task the Panel of Experts to investigate the attacks in West Darfur in February 2008 and continuing attacks on civilians, to report, promptly and publicly, to the Sanctions Committee on any violations of international humanitarian and human rights law, of the arms embargo and of the ban on offensive military over-flights, and to provide a list of those who are responsible. Impose targeted sanctions including travel bans and asset freezes on those individuals.
  • Establish and monitor benchmarks for all parties to the conflict including on compliance with their obligations under international humanitarian and human rights law, and impose sanctions for non-compliance. These benchmarks should include: ending attacks on civilians and civilian property; ending unlawful use of UN markings on aircraft; ending support to abusive Janjaweed militia and initiating disarmament programs; facilitating UNAMID deployment and freedom of movement; ending impunity and promoting accountability through cooperation with the International Criminal Court and by undertaking legal reforms to strengthen Sudan’s national justice mechanisms.
  • Ensure UNAMID has adequate personnel, equipment, technical expertise, and other resources to protect civilians through rapid response and frequent patrolling in conflict areas.

To the United Nations-African Union Mission in Darfur

  • Ensure that UNAMID has strong rapid response capabilities, including sufficient personnel, attack helicopters and armored personnel carriers and information gathering and analysis technology to carry out daytime and nighttime activities that could include reconnaissance missions, placing peacekeepers in positions to protect civilians prior to expected attacks, providing armed protection to civilians who come under attack, conducting search and rescue missions if humanitarian or other convoys are hijacked, or investigating ceasefire violations immediately after they occur.
  • Deploy fully equipped, quick reaction forces to respond immediately to imminent threats to civilians and humanitarian operations, including in the “northern corridor” of West Darfur and along the Chad-Sudan border and in cooperation with the European Force (EUFOR) peacekeepers to be deployed in eastern Chad. Ensure UANMID establishes a permanent presence and actively patrols in northern West Darfur where civilians are at risk from continued armed conflict.
  • Ensure that all units are instructed, prepared and able to take all necessary measures to fulfill their mandate to protect civilians to the greatest extent possible with available resources. This requires ensuring that all forces understand and are instructed to take all necessary means to protect civilians under imminent threat of attack and exercising full freedom of movement throughout Darfur including in conflict-affected areas.

To the International Criminal Court

  • Investigate and prosecute senior civilian and military officials and leaders of non-state armed groups responsible for offences committed in West Darfur in February 2008 within the court’s jurisdiction.