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Secretary of State Blinken Concludes that the Rapid Support Forces Have Committed Genocide in Sudan

Published online by Cambridge University Press:  25 April 2025

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Abstract

Type
International Criminal Law
Copyright
Copyright © The Author(s), 2025. Published by Cambridge University Press on behalf of American Society of International Law

In early January 2025, U.S. Secretary of State Antony J. Blinken announced his conclusion that the Rapid Support Forces (RSF) and its associated militias had committed genocide in Sudan during the civil war that has decimated that country for the past two years.Footnote 1 At the same time, the U.S. Treasury Department imposed sanctions on RSF commander Mohammad Hamdan Daglo Mousa (Hemedti), for leading an organization that threatens the peace, security, or stability of Sudan, and seven United Arab Emirates (UAE) companies and a Sudanese national, for providing money and weapons to the RSF.Footnote 2 Secretary Blinken had determined a year earlier that the Sudanese Armed Forces (SAF) and the RSF had committed war crimes during the conflict and that the RSF and allied militias had committed crimes against humanity and ethnic cleansing as well.Footnote 3 Secretary Blinken's genocide determination came twenty years after Secretary of State Colin L. Powell concluded that the Government of Sudan and the Janjaweed militias (the future RSF that were then allied with the Sudanese military) committed genocide during a counterinsurgency campaign in the Darfur region.Footnote 4

The current conflict dates to April 2023 when fighting began between Hamdan's RSF forces and the Sudanese Armed Forces, led by Abdel Fattah al-Burhan.Footnote 5 Al-Burhan had governed the country following the ouster of Omar Hassan al-Bashir in 2019, first through a power-sharing agreement between civilians and the military and then after a coup that was undertaken in cooperation with Hamdan, who became the country's number two. Hamdan and al-Burhan's collaboration would last only eighteen months before it broke down into the fighting that continues to the present.

The war's consequences have been horrific for the people of Sudan. As of February 2025, there were 12.5 million forcibly displaced persons due to the conflict, 8.9 million internally and 2.3 million in neighboring countries, amounting to more than a quarter of the country's population of 48 million.Footnote 6 The Integrated Food Security Phase Classification's Famine Review Committee found that by the end of 2024 there were was “Famine in at least five areas of Sudan.”Footnote 7 It also “project[ed] Famine in five additional areas [by May 2025]” and identified a risk of famine in seventeen others.Footnote 8 Altogether, more than half of Sudan's population—about 25 million people—were facing acute food insecurity.Footnote 9 Though the number of dead, directly from the war as well as from avoidable mortality, is difficult to quantify, some estimate that it may be as high as 150,000.Footnote 10 In a briefing given to the Security Council in early 2025, Edem Wosornu, director of the Operations and Advocacy Division of the UN Office for the Coordination of Humanitarian Affairs, called the situation “a humanitarian crisis of staggering proportions.”Footnote 11

The deaths, famine, hunger, destruction, and displacement were not just the side effects of the armed conflict, they were also the result of acts—atrocities—committed by both the RSF and the SAF.Footnote 12 In his finding of war crimes and crimes against humanity, Secretary Blinken gave some examples: the abuse and killing of detainees; the terrorizing of women and girls through sexual violence; and the targeting and hunting down of civilians and the destruction of their homes on the basis of their ethnicity.Footnote 13 In his genocide finding, Secretary Blinken noted that “[t]he R.S.F. and allied militias have systematically murdered men and boys—even infants—on an ethnic basis, and deliberately targeted women and girls from certain ethnic groups for rape and other forms of brutal sexual violence.”Footnote 14 He also indicated that “[t]hose same militias have targeted fleeing civilians, murdering innocent people escaping conflict, and prevented remaining civilians from accessing lifesaving supplies.”Footnote 15 In announcing the imposition of sanctions against Al-Burhan, Secretary Blinken found that the SAF “has violated international humanitarian law[,] . . . [has] use[d] . . . food deprivation as a tactic of war[,] and [has] deliberate[ly] obstruct[ed] . . . the free flow of emergency humanitarian aid to millions of Sudanese.”Footnote 16

Secretary Blinken has said that “[t]he United States is committed to holding accountable those responsible for these atrocities,” but the consequences of his determinations—of the commission of war crimes, crimes against humanity, ethnic cleansing, and genocide—have had no apparent effect on the actions of the RSF and SAF or their international backers.Footnote 17 Designations for sanctions and declarations of ineligibility for entry into the United States have been the only direct forms of accountability that have been announced to date.Footnote 18 Beyond that, U.S. measures have been designed to encourage and support criminal accountability mechanisms (such as that at the International Criminal Court) and end the hostilities.Footnote 19 Ambassador-at-Large for Global Criminal Justice Beth Van Schaack said that “[t]he Secretary made [his] determination [regarding war crimes and crimes against humanity] to bear witness to, and to shine a light on, the abuses suffered by the Sudanese people at the hands of the very forces who are meant to protect them.”Footnote 20 Doing so, the administration hoped, would help “rally the international community to help us end the violence, address the humanitarian crisis, and promote justice for survivors and victims. . . . [W]e will continue to track and document the scope and breadth of the belligerents’ myriad crimes.”Footnote 21 Despite diplomatic efforts at the Security Council and in multilateral and bilateral talks, however, the United States, which does not support either side and has contributed more than $2.3 billion in humanitarian aid to Sudan since the war began, has not been successful at negotiating a ceasefire or gaining agreement on measures to protect civilians.Footnote 22

Among some politicians and non-governmental organizations, there was hope that the finding of genocide would lead the United States to increase pressure on the UAE, the RSF's biggest backer, to end its covert arms shipments to the group.Footnote 23 Before the genocide finding, Senator Chris Van Hollen and Representative Sara Jacobs had introduced legislation that would have paused U.S. arms sales to the UAE until the administration could certify that the UAE is not arming the RSF.Footnote 24 They also introduced a joint resolution that would have halted a pending U.S. sale of missiles to the UAE.Footnote 25 In a December 2024 letter to the president, they wrote: “The U.S. should not be sending weapons to the UAE so long as it is aiding and abetting a group that is one of the primary drivers of the humanitarian disaster in Sudan and has committed atrocity crimes.”Footnote 26 Deputy Assistant to the President Brett McGurk replied a couple of weeks later that “[d]espite reports we have received suggesting the contrary has occurred to date, the UAE has informed the Administration that it is not now transferring any weapons to the RSF and will not do so going forward.”Footnote 27 Seven UAE companies were sanctioned, though, in connection with the genocide determination.Footnote 28 In a statement, the UAE Foreign Ministry said that it took “its role in protecting the integrity of the international financial system extremely seriously. We remain committed to combating financial crime globally.”Footnote 29

References

1 See U.S. Dep't of State Press Release, Genocide Determination in Sudan and Imposing Accountability Measures (Jan. 7, 2025), at https://2021-2025.state.gov/genocide-determination-in-sudan-and-imposing-accountability-measures [https://perma.cc/6KU9-ULQ3] [hereinafter Genocide Determination]. An RSF spokesperson rejected the charges. See Psaledakis, Daphne, Lewis, David & Eltahir, Nafisa, US Determines Sudan's RSF Committed Genocide, Imposes Sanctions on Leader, Reuters (Jan. 8, 2025)Google Scholar, at https://www.reuters.com/world/us-impose-sanctions-sudan-rsf-leader-dagalo-sources-say-2025-01-07. This is the eighth time that the U.S. government has declared a genocide subsequent to the Cold War. See Katharine Houreld, U.S. Declares Genocide in Sudan, Sanctions Paramilitary Leader, Wash. Post (Jan. 8, 2025), at https://www.washingtonpost.com/world/2025/01/07/sudan-genocide-rsf-hemedti.

2 See U.S. Dep't of the Treasury Press Release, Treasury Sanctions Sudanese Paramilitary Leader, Weapons Supplier, and Related Companies (Jan. 7, 2025), at https://home.treasury.gov/news/press-releases/jy2772 [https://perma.cc/V484-TWWE] [hereinafter Treasury Sanctions Sudanese Paramilitary Leader]. The sanctions were imposed pursuant to Executive Order 14098. See Imposing Sanctions on Certain Persons Destabilizing Sudan and Undermining the Goal of a Democratic Transition, Exec. Order 14098, 88 Fed. Reg. 29529 (May 4, 2023).

3 See U.S. Dep't of State Press Release, War Crimes, Crimes Against Humanity, and Ethnic Cleansing Determination in Sudan (Dec. 6, 2023), at https://2021-2025.state.gov/war-crimes-crimes-against-humanity-and-ethnic-cleansing-determination-in-sudan [https://perma.cc/9LSQ-49MQ] [hereinafter War Crimes Determination]; see also U.S. Dep't of State Press Release, Digital Press Briefing on War Crimes, Crimes Against Humanity, and Ethnic Cleansing Determination in Sudan (Dec. 14, 2023), at https://2021-2025.state.gov/digital-press-briefing-war-crimes-crimes-against-humanity-and-ethnic-cleansing-determination-in-sudan [https://perma.cc/W423-RFRG] [hereinafter Van Schaack Briefing].

4 See U.S. Dep't of State Press Release, The Crisis in Darfur (Sept. 9, 2004), at https://2001-2009.state.gov/secretary/former/powell/remarks/36032.htm [https://perma.cc/52M8-BD6K].

5 For the discussion in this paragraph, see Declan Walsh & Abdi Latif Dahir, War in Sudan: How Two Rival Generals Wrecked Their Country, N.Y. Times (Apr. 13, 2024), at https://www.nytimes.com/article/sudan-khartoum-military.html.

6 See UNHCR Press Release, Sudan Situation: External Update #100 (Feb. 2–8, 2025), at https://data.unhcr.org/en/documents/download/114431.

7 Integrated Food Security Phase Classification, Famine Review Committee: Sudan, December 2024, at 1 (Dec. 24, 2024), at https://www.ipcinfo.org/fileadmin/user_upload/ipcinfo/docs/IPC_Famine_Review_Committee_Report_Sudan_Dec2024.pdf [https://perma.cc/5ML9-JYR2].

8 Id.

9 See UN Doc. S/PV.9831, at 4 (Jan. 6, 2025) (statement of Beth Bechdol) [hereinafter Sudan Security Council Meeting].

10 At a May 2024 Senate Foreign Relations Committee Hearing, U.S. Special Envoy for Sudan Tom Perriello said that “we don't have a credible death count . . . some think it's [as high as] 150,000.” Senate Foreign Relations Committee, Conflict and Humanitarian Emergency in Sudan: An Urgent Call to Action, at 1:18:21 (May 1, 2024), at https://www.foreign.senate.gov/hearings/conflict-and-humanitarian-emergency-in-sudan-an-urgent-call-to-action.

11 Sudan Security Council Meeting, supra note 9, at 2.

12 The United Nations and non-governmental organizations have gathered and publicized extensive documentation of the atrocities. See, e.g., Letter Dated 15 January 2024 from the Panel of Experts on the Sudan Addressed to the President of the Security Council, UN Doc. S/2024/65 (Jan. 15, 2024); Findings of the Investigations Conducted by the Independent International Fact-Finding Mission for the Sudan into Violations of International Human Rights Law and International Humanitarian Law, and Related Crimes, Committed in the Sudan in the Context of the Conflict that Erupted in Mid-April 2023, UN Doc. A/HRC/57/CRP.6 (Oct. 23, 2024); Raoul Wallenberg Centre for Human Rights, Breaches of the Genocide Convention in Darfur, Sudan: An Independent Inquiry (2024), at https://raoulwallenbergcentre.org/images/reports/International-Inquiry-Breaches-of-the-Genocide-Convention-temp2.pdf [https://perma.cc/4G2Q-JUK9]; Sullivan, Daniel P., Bearing Witness: Atrocities and Looming Hunger in Darfur, Refugees Int'l (Feb. 2024)Google Scholar, at https://d3jwam0i5codb7.cloudfront.net/wp-content/uploads/2024/02/Eastern-Chad-Report-Jan-2024-1.pdf [https://perma.cc/G44B-863B]; Human Rights Watch, “Khartoum Is Not Safe for Women!”: Sexual Violence Against Women and Girls in Sudan's Capital (July 28, 2024), at https://www.hrw.org/report/2024/07/28/khartoum-not-safe-women/sexual-violence-against-women-and-girls-sudans-capital [https://perma.cc/ELA6-M323]; Yale Humanitarian Research Lab, Yale HRL Statement on U.S. State Department's Determination of Genocide in Sudan (Jan. 7, 2025), at https://medicine.yale.edu/news-article/yale-hrl-statement-on-us-state-departments-determination-of-genocide-in-sudan [https://perma.cc/D2EM-7ZAN]; Amnesty International, Sudan: SAF Airstrike on Crowded Market a Flagrant War Crime (Dec. 12, 2024), at https://www.amnesty.org/en/latest/news/2024/12/sudan-armed-forces-saf-killed-dozens-in-an-air-strike-on-a-crowded-market-in-the-rapid-support-forces-rsf-controlled-town-of-kabkabiya-in-north-darfur [https://perma.cc/M2BE-AVXP].

13 See War Crimes Determination, supra note 3.

14 Genocide Determination, supra note 1.

15 Id. The United States based its finding on “extensive documentary evidence . . . , including eyewitness accounts, photographs, investigative work by relentless journalists, and videos by members of the RSF themselves.” USAID Press Release, Genocide Committed in Sudan by Rapid Support Forces and Allied Militias (Jan. 7, 2025), at https://reliefweb.int/report/sudan/genocide-committed-sudan-rapid-support-forces-and-allied-militias [https://perma.cc/LC3P-EMST].

16 U.S. Dep't of State Press Release, Sanctioning Sudanese Armed Forces Leader and Weapons Supplier (Jan. 16, 2025), at https://2021-2025.state.gov/office-of-the-spokesperson/releases/2025/01/sanctioning-sudanese-armed-forces-leader-and-weapons-supplier [https://perma.cc/LR6Y-Y45Y] [hereinafter Sanctioning SAF Leader].

17 Genocide Determination, supra note 1.

18 See, e.g., Treasury Sanctions Sudanese Paramilitary Leader, supra note 2; U.S. Dep't of the Treasury Press Release, Treasury Sanctions Leader of Sudanese Armed Forces and Weapons Supplier (Jan. 16, 2025), at https://home.treasury.gov/news/press-releases/jy2789 [https://perma.cc/C5CX-YPHH]; U.S. Dep't of State Press Release, Sanctioning Sudanese Armed Forces Leader and Weapons Supplier (Jan. 16, 2025), at https://2021-2025.state.gov/office-of-the-spokesperson/releases/2025/01/sanctioning-sudanese-armed-forces-leader-and-weapons-supplier [https://perma.cc/LR6Y-Y45Y]; U.S. Dep't of the Treasury Press Release, Treasury Sanctions Sudanese Commander Involved in Human Rights Abuses in West Darfur (Nov. 12, 2024), at https://home.treasury.gov/news/press-releases/jy2710 [https://perma.cc/7569-AH2U]; U.S. Dep't of the Treasury Press Release, Treasury Sanctions Sudanese Armed Forces Weapons Procurement Director (Oct. 24, 2024), at https://home.treasury.gov/news/press-releases/jy2672 [https://perma.cc/7Q9H-UR5G]; U.S. Dep't of State Press Release, Imposing Sanctions on Sudanese Senior Rapid Support Forces Leader (Oct. 8, 2024), at https://2021-2025.state.gov/imposing-sanctions-on-sudanese-senior-rapid-support-forces-leader [https://perma.cc/G543-2ZXJ]; U.S. Dep't of the Treasury Press Release, Treasury Sanctions Sudanese Paramilitary Leader (Sept. 6, 2023), at https://home.treasury.gov/news/press-releases/jy1712 [https://perma.cc/M6HH-XRDE]; U.S. Dep't of State Press Release, Actions Against Senior Rapid Support Forces Commanders in Sudan (Sept. 6, 2023), at https://2021-2025.state.gov/actions-against-senior-rapid-support-forces-commanders-in-sudan [https://perma.cc/4Z9A-54HP].

19 The United States “applaud[ed]” the announcement by the prosecutor of the International Criminal Court (ICC) in July 2023 that his office had commenced an investigation into alleged war crimes and crimes against humanity in Darfur since the start of the current conflict, and it “urge[d] all states to cooperate with the ICC.” U.S. Dep't of State Press Release, Investigations and Prosecutions of Atrocities in Darfur (July 13, 2023), at https://2021-2025.state.gov/investigations-and-prosecutions-of-atrocities-in-darfur [https://perma.cc/LA9W-7RNH]; see International Criminal Court Press Release, Statement of ICC Prosecutor, Karim A. A. Khan KC, to the United Nations Security Council on the situation in Darfur, pursuant to Resolution 1593 (2005) (July 13, 2023), at https://www.icc-cpi.int/news/statement-icc-prosecutor-karim-khan-kc-united-nations-security-council-situation-darfur-0 [https://perma.cc/FC96-4ZJS]. The ICC's investigation is ongoing, and applications for arrest warrants are being prepared. See Fortieth Report of the Prosecutor of the International Criminal Court to the United Nations Security Council Pursuant to Resolution 1593 (2005), paras. 5–15 (Jan. 27, 2025), at https://www.icc-cpi.int/sites/default/files/2025-01/2025-01-27-otp-40th-unsc-report-darfour-eng.pdf [https://perma.cc/6E9L-XUAQ]. The court's jurisdiction is limited to Darfur, as its mandate is based on the referral made by the Security Council in Resolution 1593. See SC Res. 1593, para. 1 (2005). The United States supports the ICC's investigation into alleged crimes in Darfur on the basis of the referral notwithstanding Sudan not being a state party to the Rome Statute.

20 Van Schaack Briefing, supra note 3.

21 Id.

22 See U.S. Dep't of State Press Release, Secretary Antony J. Blinken at a UN Security Council Meeting on Sudan (Dec. 19, 2024), at https://2021-2025.state.gov/secretary-antony-j-blinken-at-a-un-security-council-meeting-on-sudan [https://perma.cc/GKJ7-DURQ]. Russia vetoed a November 2024 draft Security Council resolution that called for a cessation of hostilities and increased protection of civilians. See Security Council Report, Sudan: Vote on a Draft Resolution (Nov. 17, 2024), at https://www.securitycouncilreport.org/whatsinblue/2024/11/103323.php [https://perma.cc/JZ7Z-JBVU].

23 On the UAE backing on the RSF, see Declan Walsh & Christoph Koettl, How a U.S. Ally Uses Aid as a Cover in War, N.Y. Times (Sept. 21, 2024), at https://www.nytimes.com/2024/09/21/world/africa/uae-sudan-civil-war.html; and Declan Walsh, Christoph Koettl & Eric Schmitt, Talking Peace in Sudan, the U.A.E. Secretly Fuels the Fight, N.Y. Times (Sept. 29, 2023), at https://www.nytimes.com/2023/09/29/world/africa/sudan-war-united-arab-emirates-chad.html.

24 See H.R. 8501, 118th Cong., 2d Sess. (May 22, 2024); S. 5376, 118th Cong., 2d Sess. (Nov. 21, 2024).

25 See H.J. Res. 226, 118th Cong., 2d Sess. (Nov. 21, 2024); S.J. Res. 118, 118th Cong., 2d Sess. (Nov. 21, 2024); Defense Security Cooperation Agency Press Release, United Arab Emirates – GMLRS and ATACMS Munitions (Oct. 11, 2024), at https://www.dsca.mil/press-media/major-arms-sales/united-arab-emirates-gmlrs-and-atacms-munitions [https://perma.cc/Y487-UGWG].

26 Letter of Senator Chris Van Hollen and Representative Sara Jacobs to President Joseph R. Biden, Jr. (Dec. 2, 2024), at https://www.vanhollen.senate.gov/imo/media/doc/uae_jrd_letter_to_president_biden.pdf [https://perma.cc/6JTY-PAKM].

27 Letter of Brett McGurk to Senator Van Hollen (Dec. 18, 2024), at https://www.vanhollen.senate.gov/imo/media/doc/mcgurk_letter_to_cvh_signed.pdf [https://perma.cc/36NP-MSGQ].

28 See Treasury Sanctions Sudanese Paramilitary Leader, supra note 2. In a subsequent press release, Senator Van Hollen said: “based on my conversations with the Biden Administration [during its final days in office], it's clear that the UAE is continuing to provide weapons to the murderous RSF, violating the assurances provided to the former Administration. It is imperative that the United States not provide weapons to countries that are in turn providing military support to the RSF and complicit in its genocidal actions.” Senator Chris Van Hollen Press Release, Van Hollen, Jacobs Confirm UAE Providing Weapons to RSF in Sudan, in Contradiction to Its Assurances to US (Jan. 24, 2025), at https://www.vanhollen.senate.gov/news/press-releases/van-hollen-jacobs-confirm-uae-providing-weapons-to-rsf-in-sudan-in-contradiction-to-its-assurances-to-us [https://perma.cc/GGN3-Z4Z2].

29 Rukanga, Basillioh & Hashim, Mohanad, US Accuses RSF of Sudan Genocide and Sanctions Its Leader, BBC (Jan. 8, 2025)Google Scholar, at https://www.bbc.com/news/articles/c8j9j72lvdvo.