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Sudan - 4th Civil War - 2025 - Genocide

In May 2024, US special envoy for Sudan Tom Perriello said that some estimates suggested up to 150,000 people had been killed. The paramilitary RSF, led by general Mohamed Hamdan Daglo, has been at war with Sudan’s regular army under Abdel Fattah al-Burhan since April 2023. Famine had been declared in several parts of the country, with 24.6 million people - about half the population - in urgent need of food aid as of January 2025, according to experts.

In a major move, the US Treasury Department, through the Office of Foreign Assets Control (OFAC), announced on January 7, 2025, days before the Biden administration left the White House, sanctions on Mohamed Hamdan Dagalo Musa (Hemedti), the leader of the Rapid Support Forces militia in Sudan, under Executive Order 14098. These sanctions include Hemedti for his role in destabilizing Sudan and committing serious human rights violations, including genocide, war crimes, and ethnic cleansing in Darfur. This move included an announcement by US Secretary of State Antony Blinken that the actions and crimes committed by the Rapid Support Forces militia constitute genocide in Sudan, a legal designation with serious consequences.

The RSF and allied militias have systematically murdered men and boys – even infants – on an ethnic basis, and committed rape and other forms of brutal sexual violence against women and girls of certain ethnic groups. The RSF and allied militias have also murdered innocent people attempting to flee the violence and prevented remaining civilians from accessing life-saving supplies.

This determination came 20 years after Secretary Colin Powell declared that the Janjaweed – the predecessor of the RSF – and the Government of Sudan were committing genocide in Sudan. It is unthinkable that the Sudanese people have been subjected to genocide twice in a generation by criminals seized with greed and the evil intent to control and harm others. In December 2023, Secretary Blinken determined that the RSF and Sudanese Armed Forces both committed war crimes, and the RSF and their allies committed crimes against humanity and ethnic cleansing. As a result of these atrocities and the ongoing conflict, half of Sudan’s population faces acute food insecurity and at least 638,000 people are living in Famine.

The U.S. government used extensive documentary evidence in making this genocide determination, including eyewitness accounts, photographs, investigative work by relentless journalists, and videos by members of the RSF themselves. The fact that these criminals felt emboldened not only to commit these crimes, but also to document and even brag about them on video, is a horrific testament to the consequences of decades of impunity for atrocities and genocide.

In connection with this determination, the U.S. government sanctioned RSF head Mohamed Hamdan Daglo Mousa, known as Hemedti, for his role in fueling the war in Sudan, and sanctioned seven RSF-owned companies based in the United Arab Emirates and one individual for their roles in procuring weapons and providing other material support for the RSF.

The announced sanctions extended to include individuals and entities linked to the operations of the Rapid Support Forces, and included: Abu Dhar Abdul Nabi Habibullah Ahmed, Owner and Director of Capital Tab Holding LLC, registered in the United Arab Emirates. Capital Tab Holding’s subsidiaries, based in the UAE, include: Capital Tab Management Consulting LLC, Capital Tab General Trading LLC, Creative Python LLC, Emerald & Ruby Jewellery LLC (AZ Gold), Next Generation General Trading LLC, and Advanced Horizon Solutions General Trading LLC.

These entities were reported to be involved in providing financial and logistical support to the Rapid Support Forces, including purchasing weapons and smuggling gold to finance their military activities in Sudan. Under Hemedti’s command, the RSF has committed widespread abuses including sexual violence, ethnic-based killings, and the systematic denial of humanitarian assistance to civilians. Deputy Treasury Secretary Wally Adeyemo reiterated the United States’ commitment to holding perpetrators of these crimes accountable, noting that these sanctions are intended to protect Sudanese civilians and advance the country’s democratic transition.

The designation of the Rapid Support Forces militia as a perpetrator of genocide is a significant legal development, as this recognition places a direct obligation on the international community to act under a number of internationally stipulated legal frameworks.

The Convention on the Prevention and Punishment of the Crime of Genocide (1948) defines genocide and obliges States to prevent it and punish its perpetrators. Its most important provisions include a definition of genocide as follows: Genocide includes acts such as killing, causing serious bodily or mental harm, or forcibly transferring children, when committed with the intent to destroy part or all of a national, ethnical, racial or religious group. It obliges States to prevent genocide, prosecute its perpetrators, and cooperate with international mechanisms. The Convention establishes universal jurisdiction, which allows States to prosecute perpetrators of genocide regardless of where the crime was committed.

International Criminal Court (ICC): Established under the Rome Statute (1998), it is competent to prosecute genocide, war crimes, and crimes against humanity in the event that national systems are unable or unwilling to prosecute. Ad hoc tribunals: such as the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY), which dealt with genocide and other crimes. Hybrid courts: such as the Extraordinary Chambers in the Courts of Cambodia (ECCC) that combine domestic and international systems to address mass atrocities.

Even states that have not ratified the Genocide Convention are bound by customary international law, which prohibits genocide as a peremptory norm (jus cogens).

The Responsibility to Protect (R2P) principle was adopted in the 2005 United Nations Summit Document and is based on the following principles. States have a responsibility to protect their people from genocide, war crimes, ethnic cleansing and crimes against humanity. The international community must assist States in fulfilling this responsibility. If a state fails to protect, the international community can intervene through diplomatic, humanitarian or military means, often with a UN mandate.

The Responsibility to Protect (R2P) principle constitutes a fundamental axis and an appropriate legal context in dealing with the situation in Sudan. The Sudanese government has a responsibility to protect its population from serious crimes. The international community is committed to assisting the Sudanese government in achieving this goal. If the government is unable to protect its people or is complicit in crimes, the international community has the right to intervene by means ranging from sanctions and diplomacy, all the way to humanitarian military intervention.

In the context of Sudan, this recognition of genocide puts significant pressure on the international community to take urgent action. The US recognition that the actions of the Rapid Support Forces militia constitute genocide, one of the grave crimes stipulated in the definition and formulation of the principle of the responsibility to protect, in turn reflects the definition of what is happening in Sudan, and significantly transforms it from an internal armed conflict to an operation to enforce the law and prevent these grave crimes.

Recognizing genocide in Sudan today carries with it a great responsibility on the international community to respond decisively. By recognizing the genocide, the United States, the United Nations, and international bodies can take concrete steps. The International Criminal Court or a special court could establish a legal mechanism to prosecute Hemeti and other Rapid Support leaders for crimes of genocide. It is also expected that additional sanctions will be expanded to target local and international networks that support the Rapid Support Forces financially and logistically, and provide them with the space to continue committing their crimes. It is expected that this classification will result in increased political and diplomatic pressure on regional countries that support the Rapid Support Forces militia, such as the UAE and Chad, to stop their support for networks linked to the Rapid Support Forces.

While these steps are important, implementation will depend largely on political will. The United States and its allies must reform their current policies and history in the Sudanese conflict. The United States and other countries have provided direct financial support to establish and fund political entities and coalitions that include allies of the RSF, such as the Taqaddum coalition. The Biden administration has also been heavily criticized for its role in diluting demands for accountability since the war began, including by former Ambassador to Sudan John Godfrey’s refusal to publicly name perpetrators of rape and sexual violence, which has given RSF militia members a form of institutional impunity and greater space to commit further crimes and abuses.

While sanctions and recognition of genocide are important steps, a lasting solution requires addressing the root causes of the conflict. The economic and political networks that support the RSF must be dismantled, justice must be ensured through fair trials for those implicated in crimes, and the problem of local fighters and foreign mercenaries deployed by the militia across Sudan must be addressed. This requires a strong partnership between the international community, the Sudanese government, and the Sudanese national civil forces, so that these measures open the door to democratic transition and building state institutions capable of protecting its citizens and preserving their rights.

Recognizing genocide in Sudan is not just a legal designation, it is a call to action. The international community’s success in responding to this situation will determine whether justice is provided to victims of horrific crimes or whether impunity continues.