Statement Addressing the Escalating and Urgent Humanitarian Crisis and Genocide in Darfur, Sudan

SUMMARY

The New York City Bar Association has released a statement saying that “the ongoing violence in Sudan represents a critical and escalating humanitarian crisis, characterized by egregious violations of international human rights law and humanitarian principles.”

“The ongoing lack of accountability has only emboldened perpetrators, heightening the risk of further atrocities,” according to the statement. “The City Bar urges States to consider invoking the responsibility-to-protect doctrine, including through diplomatic, humanitarian, and peaceful channels and, secondarily, through the U.N. Security Council and mechanisms such as the International Criminal Court.”

REPORT

STATEMENT ADDRESSING THE ESCALATING AND URGENT HUMANITARIAN CRISIS AND GENOCIDE IN DARFUR, SUDAN

The New York City Bar Association (“City Bar”) expresses grave concern over the ongoing crisis in Sudan, which has become the world’s worst humanitarian crisis,[1] marked by the most severe famine in two decades.[2]

INTRODUCTION

Following the removal of Omar al-Bashir from power through mass street protests, an interim transitional government was established.[3] However, a coup led by General Abdel Fattah Al-Burhan, head of the Sudanese Armed Forces (SAF), and his deputy, General Mohamed Hamdan “Hemedti” Dagalo, leader of the Rapid Support Forces (RSF), disrupted the transition.[4]

The current conflict, which erupted on April 15, 2023, arose from a power struggle between General Al-Burhan and Hemedti, and has plunged Sudan into further instability and humanitarian catastrophe.[5] The immediate spark for the conflict was a disagreement over the integration of the RSF into the regular army. The RSF, led by Hemedti, has opposed this integration.[6] As a result of the latest conflict, over 18,000 people have been killed, more than 13 million have been displaced, and over half of Sudan’s population, approximately 25 million people, require humanitarian aid and protection.[7]

Since April 2023, Port Sudan has served as a vital entry point for humanitarian aid. A recent drone strike on the Port Sudan airport forced the UN to temporarily suspend aid flights and the movement of humanitarian personnel.[8]

Meanwhile, the conflict has continued to escalate, with nearly 9,000 clashes between the warring factions, devastating Sudan’s economy and exacerbating famine.[9]

The United Arab Emirates (UAE) has been supporting the Rapid Support Forces (RSF), which has been smuggling arms through Chad, while the Sudanese Armed Forces (SAF) receive backing from Egypt, Qatar, and Iran.[10] Both the SAF and RSF are engaged in gold mining in Darfur, using the proceeds to finance their operations and supply their foreign supporters.[11]

THE HUMANITARIAN CRISIS IN SUDAN IMPLICATES INTERNATIONAL LAW AND CALLS FOR A RESPONSE FROM THE INTERNATIONAL COMMUNITY

The ongoing violence in Sudan represents a critical and escalating humanitarian crisis, characterized by egregious violations of international human rights law and humanitarian principles. Indiscriminate attacks on civilians, including the RSF’s bombing of the Zamzam refugee camp in El Fasher[12] that killed at least 38 people, reflect systematic disregard for the right to life. Such actions are prohibited under international humanitarian law, particularly by the “cardinal” principle of distinction, which obligates parties to armed conflicts to differentiate between combatants and civilians.[13]

The escalating crisis has also led to massive displacement, exposing millions to starvation, insecurity, and homelessness.[14] Additionally, the targeting of marketplaces[15] by the RSF and densely populated civilian areas undermines the right to safety and dignity, violating protections guaranteed under customary international human rights law as reflected in the Universal Declaration of Human Rights.[16]

The United Nations (UN) General Assembly and UN High Commissioner for Refugees (UNHCR) have repeatedly called for international action, stressing the need to uphold obligations under the International Bill of Human Rights and the 1951 Refugee Convention.[17] However, the ongoing lack of accountability has only emboldened perpetrators, heightening the risk of further atrocities. Meanwhile, all mediation efforts have failed, and both the arms embargo and the Jeddah Declaration have been flagrantly disregarded.[18]

Given the scale of these violations, the City Bar urges States to consider invoking the responsibility to protect (R2P) doctrine,[19] including through diplomatic, humanitarian, and peaceful channels and, secondarily, through the U.N. Security Council and mechanisms such as the International Criminal Court (ICC). The ICC is actively investigating crimes against humanity in Darfur, with the Prosecutor recently visiting the region. The patterns of violence observed may constitute crimes against humanity and war crimes under the Rome Statute, falling within the ICC’s jurisdiction.[20]

Efforts to address this crisis must prioritize immediate humanitarian aid, which remains largely inaccessible, and the establishment of safe corridors for displaced populations, including the few who have managed to flee to Chad and Egypt. Despite sustained international pressure, attempts to halt hostilities have so far failed.[21] The right to life, safety, and dignity of the Sudanese people must remain at the core of all response efforts.

On January 7, 2025, former U.S. Secretary of State Antony Blinken issued a statement[22] that determined that members of the RSF and allied militias have committed genocide within SudanMasalit and other African tribes.[23] The duty to prevent genocide is an erga omnes obligation under the Genocide Convention on behalf of all States parties, and signatories of the Convention are legally bound to prevent and punish the crime of genocide.[24] This designation anticipates heightened international engagement, including expanded humanitarian aid, stronger accountability mechanisms, and potential intervention efforts to address ongoing atrocities.

Politically, the determination of genocide can exert significant pressure on States and international bodies to take more decisive action, whether through targeted sanctions, enhanced peacekeeping operations, or diplomatic initiatives aimed at conflict resolution.

Morally, it underscores the gravity of the crimes being committed, potentially mobilizing global public opinion and prompting increased humanitarian assistance and protection measures for Sudanese civilians. This could also have repercussions for third-party States supporting either side, such as the UAE, who potentially bear responsibility for atrocities committed in this conflict.

The determination of genocide in Darfur could also serve as a catalyst for more robust UN Security Council action and may influence the strategies of regional actors. By explicitly naming the perpetrators and imposing targeted sanctions, Secretary Blinken’s statement also sends a strong message about individual accountability for war crimes and crimes against humanity.

The United States has taken several measures to hold perpetrators accountable for atrocities committed against the Sudanese people:

• Sanctioning RSF leader Mohamed Hamdan Dagalo (Hemedti) for his role in human rights violations and atrocities[25]
• Imposing sanctions on seven RSF-affiliated companies based in the UAE and one individual involved in procuring weapons for the RSF, thereby targeting the financial and logistical networks sustaining the conflict[26]
• Designating Hemedti under Section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act for gross human rights violations in Darfur, rendering him and his immediate family ineligible for entry into the United States[27]

The United Nations Security Council proposed a resolution condemning the violence in Sudan, but Russia, actively engaged in gold mining operations in Darfur,[28] vetoed the measure, further entrenching impunity and obstructing international efforts to halt the atrocities.[29]

CALL TO ACTION

The New York City Bar Association urges the international community to take immediate action to curb the financial and logistical networks sustaining the Rapid Support Forces (RSF) by:

1. Monitoring the shipment of gold to the United Arab Emirates (UAE) to prevent illicit trade financing conflict operations;
2. Imposing targeted sanctions on companies involved in transporting Sudanese gold to the UAE and Egypt, while restricting their access to global financial markets;
3. Exposing and addressing “sportswashing,” whereby profits from gold smuggling are used to invest in sports teams, deflecting attention from human rights abuses;
4. Ensuring that billions of dollars in arms do not end up in Darfur, thereby helping to prevent further escalation of violence and atrocities against civilians; and
5. Urging the international community and those in power to meet their obligations under the Genocide Convention and to use all means to mediate this crisis.

International Human Rights Committee
Suchitra Vijayan, Chair

African Affairs Committee
Melissa M. Verpile, Chair

United Nations Committee
Sophia Murashkovsky and Ervin Nina, Co-Chairs

June 2025