The government of Sudan, the bombing of civilians, and the silence of the international community

The recent elections in Sudan call into question the legitimacy of the government soon to be re-elected. Even if the elections had been free and fair (which they have not), the government’s legitimacy would be challenged unequivocally by the fact that the very same government currently being re-elected into power is authorising the continual and systematic bombardment of civilians who are technically part of its polity.

On average, the Sudanese government has dropped three bombs a day on rebel held territory in its Southern Kordofan and Blue Nile States since April 2012. The impact of this bombing campaign on those living in the area has been devastating. Not only do the bombs often kill or maim civilians, but they also coincide disproportionately with planting and harvesting cycles, as well as market days, suggesting a deliberate strategy to decimate livelihoods. Yet despite the disruption to the local economy, the government of Sudan refuses to allow humanitarian access to these areas, citing fears that aid would be used to support rebel fighters.

As a result, 1.7 million people – roughly half of the population of the two states – have been displaced. Those who have remained, live with the daily threat of aerial bombardment, of government land forces breaking through the rebel Sudan Peoples’ Liberation Movement–North (SPLM-N) frontline, and a chronic lack of food and medicine.

A report released today highlights the voices of civilians living in the midst of this conflict. It emphasises the devastating impact of the conflict on every aspect of people’s lives. But it also talks of the resilience and resistance of those who are living through it. Despite unrelenting attacks against them, local organisations and activists have taken it upon themselves to educate the population about the means of surviving Antonov[1] attacks, in particular by digging foxholes and learning when and where to take cover.

This resilience, in many respects, is fuelled by defiance: many people have remained in Southern Kordofan not only because the alternatives are bleak (most of those who have been displaced have fled to South Sudan, itself in civil conflict), but because they see their ongoing presence as a form of resistance to a state they believe is trying to destroy them. As a result, many aspects of day-to-day life continue in rebel held areas of Southern Kordofan, as evidenced by children going to school and markets functioning (albeit under the daily threat of bombing and with chronic shortages.)

Furthermore, the extent to which the current government of Sudan is seen to lack any form of legitimacy is reflected by the fact that civilians are putting their faith in alternative structures of government. The rebels have recently set up a civilian administration in conjunction with the military structures that already exist, which the findings in the report demonstrate are broadly accepted by the civilian population. Civilians hope that this administration will eventually create an alternative, inclusive form of governance – in contrast to those of the Sudanese state, which they see as highly exclusionary.

However, it is important not to over-romanticise this resilience which, not surprisingly, is being severely depleted. The population’s efforts have certainly helped to minimise civilian casualties and allowed many people to remain in Southern Kordofan despite the substantial impact of the conflict. But their ability to survive is also being worn away by the continuing onslaught.

While primary responsibility for what is taking place lies with the government of Sudan, it seems unlikely that they will end their military campaign in the foreseeable future – and certainly not without considerable coercion from the international community (or at least certain parts of it). But the international community has remained, for the most part, silent.

Courageous local organisations and citizen journalists have been reporting on the intolerable circumstances in which civilians live in Southern Kordofan. Yet these organisations remain limited in their external reach. Indeed, civilians caught up in this conflict are struggling to have their voices heard – or rather, heeded. With the government of Sudan blocking independent media and international organisations from the field in a deliberate effort to cover up the consequences of the violence, there is both insufficient awareness at the international level about what is taking place, and a failure to mobilise around what information is available, with reports from NGOs regularly being dismissed as biased.

One of the strongest messages that came through the research was that those living in Southern Kordofan do not want pity: they want solidarity. They want the international community to acknowledge what is taking place and work with them to end the conflict. Their resilience is not being matched by support from the international community, which appears caught between denial and helplessness. The consequent lack of decisive action is proving disastrous, and the disconnect between the standards of international humanitarian and human rights law and their lack of enforcement could not be more stark.

It is hard to see a military victory for either side any time soon. Furthermore, for as long as the government fails to put in reforms that have been demanded, for decades, by those on the peripheries within the broader context of Sudan, there will be a reason for people to fight. In this context, a stalemate is unacceptable – a stalemate that is taking an intolerable toll on a civilian population that has been depleted of most of its reserves.

So what can the international community do? Obviously, there are no easy answers. It has already tried to call the president of Sudan to account in Darfur with an arrest warrant issued by the International Criminal Court. This strategy has so far failed to reap any direct benefits to those in Darfur, let alone those in Southern Kordofan and Blue Nile. One recommendation that the report makes is for the United Nations or the African Union to conduct an independent inquiry into what is taking place. Once such an “official” body has documented the situation for themselves, key members of the international community will find it harder to dismiss the evidence of massive attacks on civilians. Maybe this will lead to action. Or maybe not. But for now it might be a step in the right direction. At the very least it would send a powerful message to the people of Southern Kordofan that the international community are aware of their plight, and it would shed some light on an increasingly dark chapter of Sudan’s already shady recent history.

(This post first appeared on OpenDemocracy https://www.opendemocracy.net/arab-awakening/lucy-hovil/silence-over-sudan%E2%80%99s-bombing-of-civilians)

[1] Antonovs are cargo aircraft designed in the Soviet Union in the 1980s. Because they are cargo planes, they lack any sort of guidance system and bombs are simply rolled out of the cargo hold, and are therefore inherently indiscriminate.

Go On! Program of Advanced Studies on Human Rights and Humanitarian Law, Washington College of Law

The Academy on Human Rights and Humanitarian Law at Washington College of Law is now accepting applications for the Program of Advanced Studies on Human Rights and Humanitarian Law.

 The program will take place from May 26 to June 12, 2015. This Program offers 18 courses in English and Spanish lectured by over 40 scholars of relevance in the field of Human Rights and Humanitarian Law and gathers more than 150 participants from more than 25 different countries and with different levels of professional experience.

The Academy on Human Rights and Humanitarian Law provides through this Program the unique opportunity to learn and interact with judges of the International Criminal Court (ICC), the International Court of Justice (ICJ), Special Rapporteurs of United Nations, members of the Inter-American Commission on Human Rights and professors from all over the world. The Program is offered in three categories which include the modality of Certificate of Attendance for lawyers, law students and HR professionals of any country, ABA Credits for U.S. students and finally, the Diploma Course that is offered to a select group of 35 law professionals who fulfill the admission requirements. You can review our brochure at: goo.gl/nLyeoU and the application form for this program will be available at goo.gl/WcRh0J.

For more information, please contact hracademy@wcl.american.edu.

Go On! International Humanitarian Law Summer School, University of Geneva (June 22 – July 10)

The University of Geneva is offering a new Summer School in International Humanitarian Law from June 22 to July 10, 2015. Learn more about the summer school and apply online.

Course Description
The course methodology insists on the importance of a practice-based teaching of International Humanitarian Law (IHL), the law protecting persons affected by armed conflicts, thus combining theory and discussions of contemporary conflicts. During the course of the programme, participants will:

  • Receive in-depth presentations on the basic principles and on some current controversies on international humanitarian law;
  • Participate in simulations, by representing parties to current armed conflicts;
  • Engage in interactive debates on “hot topics” in IHL with scholars and practitioners.
  • Reflect on the legal framework applicable to present conflicts.
  • Visit the International Committee of the Red Cross and discuss with its practitioners;
  • Realize that and how IHL is actually being applied in contemporary practice and that it guides those seeking answers to the legal problems arising from armed conflicts.
  • Receive teaching from a mix of eminent scholars, young researchers, military lawyers, and humanitarian practitioners from organizations based in Geneva.
  • 6 ECTS.

Target Audience
The course welcomes applications from graduate or post-graduate students (currently enrolled in master degree or above) in law, international relations or related areas, Ph.D candidates, and humanitarian practitioners. Upper-year undergraduate students may also apply, and will be considered on a case-by-case basis. Please note that this is a master-level course. Background in public international law is recommended, although not required.

Download Course Flyer as pdf.

Course Directors
Professor Marco Sassòli (Course Director), University of Geneva
Anne Quintin (Course Assistant), University of Geneva

A Faculty List for the summer school is available on the website.

We look forward to receiving your applications. Please contact gss@unige.ch with any questions.

Go On! IHL Student Workshop at Berkeley Law (deadline 31 October)

The Miller Institute for Global Challenges and the Law and the International Committee of the Red Cross (ICRC) are sponsoring the 2015 International Humanitarian Law Student Workshop from January 7-9, 2015, at Berkeley Law, University of California. The application period ends this Friday, October 31.

This intensive three-day workshop combines lectures and hands-on exercises that guide law students through international humanitarian law (IHL), or the law of war. The workshop will be led by lawyers from the ICRC and from the U.S. Army JAG School, as well as by law professors who specialize in IHL.  Much of the work is done in small groups with the faculty, and there is ample time built into the schedule for networking.

Topics include:

  • Introduction to International Humanitarian Law
  • When Does IHL Apply?
  • Human Rights and IHL
  • Protected Persons
  • Internment/Detention
  • Armed Conflicts of a Non-International Character
  • The IHL/Terrorism Interface
  • Implementation and Enforcement of IHL

The IHL Workshop will be will be held from January 7-9, 2015 at Boalt Hall School of Law on the UC Berkeley campus. Sessions will run from 9 am-5 pm. In addition, there is self-funded drinks and/or dinner with the faculty on Thursday, January 8.  The fee for the workshop is $60. This includes course materials and breakfast, lunch, and light refreshments during the workshop.  Students will need to fund their own travel, lodging, and dinners. Registration is limited and competitive, and open only to students currently attending a U.S. law school. Students are encouraged to apply early, as the workshop does fill up. A maximum of 40 students may attend. Students will receive a Certificate of Completion from the ICRC.

The application period is October 15-31 2014.  Applicants will be notified of their acceptance by Thanksgiving (November 27) at the latest. For more information:  www.law.berkeley.edu/17654.htm

“Rules of War” & 1882 US joinder of 1864 Geneva Convention, 150 years old today

In honor of the 150th anniversary today of the very first Geneva Convention on the laws of war, the International Committee of the Red Cross issued the brilliant video above: Rules of War in 4 very informative minutes. Through simple yet compelling drawings, it covers founding principles of international humanitarian law, such as humanity, distinction, necessity, and proportionality.

As an international story, it focuses on the men who were delegates to the 1863 Geneva Conference and their handiwork, the Convention for the Amelioration of the Condition of the Wounded in Armies in the Field adopted on August 22, 1864.

It thus omits the vc007053U.S. after-story of this treaty; that is, the 1882 U.S. ratification that was the handiwork of a remarkable woman: Massachusetts-born Clara Barton (left), a pioneer nurse during America’s Civil War and, at age 60, a founder of the American Red Cross. (photo credit) For that after-story, see the 2012 IntLawGrrls post entitled Clara Barton, ICRC & crimes v. humanity, peace, by Washington University-St. Louis Law Professor Leila Nadya Sadat.

(Cross-posted from Diane Marie Amann)

When May States Lawfully Recruit Internally Displaced Persons into Civil Militias?

All states have an intrinsic right to call upon their citizens to undertake military service, but under what circumstances may states recruit citizens into irregular forces or civil militias? And what if the citizens are internally displaced persons? The answers to these questions are far from straightforward. Recognizing that recruitment into civil militias is a particularly understudied topic in international law, in 2010, the UN Special Rapporteur on extrajudicial, summary or arbitrary executions called for further research into the conditions under which civil militias come into existence, factors that contribute to illegal conduct, and in what circumstances and how governments could or should legally support or encourage the development of such forces.

Photo: AFP/MARCO LONGARI

Photo: AFP/MARCO LONGARI

Responding to this call, my article Recruiting Internally Displaced Persons into Civil Militias: the case of northern Uganda explores the significant recruitment of IDPs into state-sanctioned civil militias in northern Uganda between 1996 and 2006. I base my analysis on international and domestic (Ugandan) legislation concerning the issue of civil militia recruitment, but also on empirical material collected in 2009 and 2010, when I was a guest researcher at Makerere University in Kampala, Uganda. In addition to interviews with former civil militia members in the northern part of the country, I made comprehensive research into the records of the Ugandan Parliament, which I found provided an important contextualization of how human rights norms are viewed in political decision making. Continue reading

Aid Workers Could Secure Better Protection under the Protection of Civilians Mandate

When two aid workers were shot dead in Afghanistan last month, the world’s media focused its attention on the dangers of 21st century humanitarianism and the challenges that assistance agencies face in protecting their personnel. Those challenges were underscored again this week with the tragic news of more fatal attacks on aid workers in South Sudan. International law plays an undeniably important role in the protection of humanitarian personnel, but these events call into question the extent to which international law’s provisions on protection are effective on the ground. Reframing the protection of humanitarians as a protection of civilians issue could go some way to improving protection across-the-board.

Aid worker security is of vital importance to any humanitarian mission. Insecurity in this regard not only compromises the safety of aid workers themselves, but also the safety of the populations they serve and the quality of the aid they deliver. Condemning the attacks on the above mentioned South Sudanese aid workers, Wendy Taeuber, Country Director for the International Rescue Committee (IRC) in South Sudan, commented that the ‘security and safety of … staff is paramount in order to be able to operate.’

It is a desperately sad reality that attacks on aid workers are so common. According to the Aid Worker Security Database (AWSD), in 2013-2014 alone 610 workers across the major international organizations and national agencies were killed, wounded or kidnapped in the field (so-called ‘major incidents’). That figure does represent a slight decrease in the number of victims compared to 2012-2013 statistics, but the trend over the past decade shows a deeply concerning increase all the same.

So what accounts for such an increase? One might chalk these figures up to weapons becoming more powerful and more indiscriminate (unable to be operated in a manner consistent with the legally required distinction between combatants and non-combatants) than ever before but the statistics remain fairly steady with respect to the number of victims of weapons-related incidents. For an answer, it appears we need to look elsewhere.

The general framework for the protection of humanitarian personnel under international law may provide us one explanation, but certainly not the full array of them. There are several major international legal instruments that pertain to the protection of humanitarian aid workers and each legally classifies those aid workers as civilians. The 1949 Convention relative to the Protection of Civilian Persons in Time of War (the fourth Geneva Convention) and the 1977 Protocols additional to the Geneva Conventions (Additional Protocol I and Additional Protocol II) are civilian protection treaties that oblige Parties to protect aid workers in specified armed conflict situations. Article 71(2) of Additional Protocol I, for example, requires that ‘personnel shall be respected and protected’ generally and Article 71(3) stipulates that each Party in receipt of relief consignments is obliged to ‘assist relief personnel … in carrying out their relief mission’. But despite being classified as civilians for the purposes of the conventions, aid workers are rarely treated like civilians in practice. It is in this paradox that many of the humanitarian protection issues faced today are sourced. Reframing the protection of humanitarian personnel as a protection of civilians issue (in line with international law), therefore, may provide an avenue for some improvement.

So how does the protection of humanitarians vs protection of civilians issue play out on the ground? The problems in this regard are too numerous and too complex to list in full but some key issues can be identified here. For one thing, aid workers look like aid workers and not like civilians. They are often dressed in uniforms with internationally-recognized emblems that guarantee their legal protection if nothing else (the International Committee of the Red Cross’ (ICRC) emblem of a red cross on a white background being the most prolific) and they often travel in marked vehicles with a host of resources and privileges that are not available to the general civilian population. These factors create an operational atmosphere in which humanitarians look to be more protected than they actually are. This is so even without considering that certain types of humanitarian are permitted, unlike the civilian population, to carry guns – a consideration that despite having no legal relevance here (as these humanitarians are governed by a separate branch of international law) does accentuate the differences between humanitarians and civilians. In light of these perceived differences, mission planners have ended up splitting protection of humanitarians units away from protection of civilians units, meaning the two rarely work together or share resources which in turn serves only to foster the unhelpful divide. Major advocacy groups like Human Rights Watch and Amnesty International, too, have responded by prioritizing protection of civilians in their campaigns at the cost of minimalizing protection of humanitarians advocacy. In reality, that perceived protection – emblems, resources, organization, etc. – makes humanitarians look like legitimate military and political targets for certain groups and therefore renders them open to attack in the same way as a combatant but with no means of defending themselves.

Those problems are especially acute in the national aid worker context. The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) has indicated in a 2011 report that despite overall improvements in aid agencies’ security risk management, national aid workers perceive continued inequities in security support compared with their international counterparts.

Placing protection of humanitarians more firmly under the umbrella of protection of civilians may go some way to eradicating issues with respect to operational ‘siloing’, resource allocation and international/national worker inequities. The mandate of protection of civilians encompasses a wide range of activities designed to obtain ‘full respect for the rights of all individuals in accordance with international law – international humanitarian, human rights, and refugee law – regardless of their age, gender, social, ethnic, national, religious, or other background’ (an Inter-Agency Standing Committee (IASC) endorsed definition). Since 1999, protection of civilians has received widespread attention and resources from critical institutional and humanitarian actors and has a framework for prevention and response that is far more developed than that which applies to the protection of humanitarians.

There is certainly institutional and cultural support for a more thorough system of humanitarian worker protection. The United Nations Security Council, for instance, has issued several resolutions condemning attacks on aid workers (most prolifically with respect to the treatment of humanitarian personnel in Syria) and has previously emphasized, in Resolution 1502, that attacks on aid workers constitute war crimes. Garnering this influential support and directing it towards addressing the gaps in international law with respect to how protection is framed, therefore, can only be welcomed.

Despite the fact that a review of the role of international law in the protection of humanitarian personnel would be a positive move, international law plays a frustratingly limited role in conflicts where motivations of politics and religion often have the final say. Humanitarian protection is a complex and multifaceted issue and only a coordinated effort across all risk and security areas can foster the levels of change demanded by the tragedies too often witnessed in humanitarian missions the world over.

As part of that coordinated effort, August 19, 2014, marks World Humanitarian Day, a day conceived to increase awareness of humanitarian work around the world and encourage greater dialogue on key challenges. You can show your support and find out more about the Messengers of Humanity campaign by visiting www.worldhumanitarianday.org.

Write On! Call for Papers: International Symposium on the Legacy of the ICTR

unictr

The International Criminal Tribunal for Rwanda is organizing an International Symposium on the Legacy of the ICTR to be held in Arusha, Tanzania, on 6-7 November 2014, and has issued a call for papers:

With the ICTR’s closure scheduled for 2015, the Symposium aims to provide an opportunity for experts in the field of international justice to reflect on the ICTR’s contributions to the development of international humanitarian law, administration of justice, and promotion of the rule of law, particularly in the Great Lakes Region. We invite experts in the field to submit proposals for papers to be presented during the Symposium. Papers should focus on the topics indicated in the draft program, which can be found here (pdf).

Those interested in presenting a paper at the Symposium should submit an application including a 300-word abstract summarizing the proposed paper via email to the ICTR Legacy Committee at ictrlegacy@un.org. Applications must include:

1) A 3o0-word abstract of the proposed paper;

2) The author’s name, title, and affiliation (if any);

3) The author’s Curriculum Vitae/Résumé; and

4) The author’s contact details including phone number and email address.

All applications must be received no later than 15 August 2014.

Successful applicants will receive an invitation to submit a paper by 5 September 2014 and a first draft of papers will be expected to be submitted by 17 October 2o14. Submission of an application will be considered as acknowledgement that the author is available to be in Arusha from 5-8 November 2014 to participate in the Symposium. The ICTR will endeavor to cover travel and accommodation for successful applicants.

Learn how to teach international humanitarian law at ICRC workshop

icrcProfs looking to learn more about the laws regulating war are encouraged to take part in the annual Teaching International Humanitarian Law Workshop, about which we’ve posted here and here.

This year’s workshop will be held February 7-8, 2014, at Brigham Young University Law School in Provo, Utah, home institution of our colleague, Professor Eric Talbot Jensen. BYU joins the International Committee of the Red Cross in cosponsoring. Organizers write:

 The Workshop is targeted at law professors interested in teaching an IHL (otherwise known as the Law of Armed Conflict) course for the first time, integrating IHL modules into their current courses and/or rethinking their current teaching of this important subject. The Workshop provides an opportunity for law faculty to think creatively about teaching IHL, network with others, exchange ideas, and expand teaching of these topics.

Details and registration here.

(Cross-posted from Diane Marie Amann)

Go On! IHL Workshop Applications Due TOMORROW (Oct. 11)

Minneapolis St. Anthony Falls

Minneapolis St. Anthony Falls (Photo Credit: Doug Wallick)

 

On November 2 & 3, 2013, the University of Minnesota Law School, the Human Rights Center, and the American Red Cross will be hosting an International Humanitarian Law Workshop, with additional support by The Advocates for Human Rights.

This workshop features lectures and hands-on exercises that guide participants through an intensive examination of International Humanitarian Law (IHL), with a focus on its application to combatants and civilians. Topics include:

  • International Humanitarian Law: Setting the Context
  • Conflict Classification – When Does International Humanitarian Law Apply?
  • Overview of Key International Humanitarian Law Principles: Protecting the Vulnerable
  • Protected Persons in International Humanitarian Law
  • The Red Cross and International Services
  • Means and Methods of Warfare
  • Non-State Actors and International Humanitarian Law
  • International Humanitarian Law and Human Rights Law
  • Technologies of Warfare and International Humanitarian Law
  • Gendered Dimensions of International Humanitarian Law

This workshop is open to law and graduate students, lawyers, and practitioners, and has been accredited for 12 CLE hours. The workshop and course materials are provided at no cost to accepted applicants, though participants will be responsible for their own transportation and lodging. Some meals will be provided.

Applications to attend this workshop should be completed by October 11, 2013, and returned to matso092@umn.edu.

Applications and more information can be found at: http://www.redcross.org/ihlworkshop