Due to the extensive military operations in Sudan, hundreds of military personnel from both sides have been captured. Since the war broke out between the Sudanese Armed Forces (SAF) and the paramilitary Rapid Support Forces (RSF) in April last year, both parties have been accused of severely abusing military captives; including torture and execution.
Numerous videos have emerged since the start of the war, showing disturbing scenes of prisoners being executed across various regions of Sudan. These clips reveal blatant violations of the international humanitarian law and serve as potent evidence that has sparked widespread local and international condemnation and calls for justice.
The footages have sparked discussions about the conduct, discipline and professionalism within the armed forces of both warring parties, and reaffirmed the urgent need for accountability, adherence to human rights' principles, and strict compliance with the international rules of engagement during armed conflicts; to prevent further violations.
Systematic Abuse
Ayin obtained three different videos, showing soldiers of both sides committing war crimes against their rivals. In the first video, published on 8 May 2024, RSF and allied Arab militias from Darfur can be seen executing military captives at Dura military camp near the Nuba Mountains. Perpetrators from the same groups were shown on 20 June this year in the second video, executing tens of military detainees after seizing El Fula city in West Kordofan State
The third video showed members of Al-Bara Ibn Malik, an Islamic extremist militia, and SAF soldiers holding human body parts that purportedly belong to RSF soldiers. Ayin was unable to determine the exact date and location of the latter incident, but sources suggested it occurred in the territories that remained under SAF's control in Al-Jazeera State.
Last February, the SAF announced that they are investigating a video showing military personnel holding two severed heads believed to belong to RSF soldiers. As of the date of this report's publication, the army has not disclosed the result of the inquiry.
Late May this year, Lt. Mohamed Siddique was executed following his capture. Siddique had gained prominence during the 2019 sit-in that took place in front of the army headquarter, for defying orders and supporting protesters.
In Addition to the unlawful executions carried out by both sides, they can also be seen in many videos humiliating military prisoners; forcing them to say racist phrases against themselves, imitate animals sounds, as well as subjecting them to torture.
Accountability
The Horn of Africa director at Human Rights Watch, Laetitia Bader told Ayin that in non- international conflicts, the prisoners of war status does not exist, "But this is very separate from the guarantees of prohibition of ill-treatment that apply in this context both under human rights and also under international humanitarian law. There's a prohibition on torture and inhumane and degrading treatment or conditions," she said. Bader added that mutilation of dead bodies is prohibited in both international and non-international conflicts, and it is considered a crime.
Mahjoub Abdallah, an attorney expert in the international law, asserts that the military captives should be considered prisoners of war. "Some might argue that the Geneva Convention applies only to wars between states. However, the definition of war in international law includes conflicts involving armed groups recognized by the international community. Such groups must have a command structure and follow certain regulations, making them subject to the same prisoner-of-war provisions." he told Ayin.
"Interestingly, these principles align with Islamic Sharia law, which also emphasises the humane treatment of prisoners. Islamic Sharia has notable precedents that align with and even extend beyond the protections offered by international law, ensuring the safety and dignity of prisoners." He added.
Abdallah stated that addressing the behaviour of both conflict parties - whether it is systematic or due to lack of discipline and knowledge among soldiers - is complex. "The case of Mohamed Siddique, and other footage showing an army soldier putting his foot on a human skull in Omdurman, Khartoum State, raises questions about the command's involvement. Often, there are no official statements condemning or investigating such actions, only denials that those involved belong to their forces".
Quite often, Abdallah added, military leaders' speeches reflect a tit-for-tat mentality, suggesting that if one side kills prisoners, the other side will to. "This implies a lack of isolated incidents and points to broader systemic problems," he said. "Such behavior cannot simply be dismissed as individual acts, especially when there is no accountability, and actions are often encouraged or overlooked by higher command."
The retired brigadier and military expert Amin Ismail, argues that SAF is maintaining the highest levels of professionalism, citing human rights lectures given to soldiers and officers. He said that the incidents such as the above mentioned are isolated rather than systematic, and that they differ from the crimes attributed to the RSF who "have reportedly violated human rights."
"The mental impact on individuals - particularly in Darfur - cannot be ignored; the psychological and social repercussions such as fear, revenge, and emotional trauma are prevalent," Ismail said.
Ismail accused the RSF of lacking training, awareness and basic knowledge of human rights. "The repeated denial by the RSF fail to address specific incidents - such as the killing of retired Lt. Colonel Mohammed Siddique and other soldiers in El Fula exemplify this. Entire units of the Sudanese army have been eliminated by the RSF in various locations, including El Fasher and Zalingei."
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Hate speech
After 15 months of the ongoing armed conflict in Sudan, the war has evolved beyond a simple confrontation between the two warring sides. Several militias and armed groups have joined the fray, and the war has increasingly taken on an ethnic dimension. Hate speech has become a common occurrence, perpetuated by officials and supporters alike on various social media platforms.
Bader believes that it is essential for these actions to be publicly condemned and that military commanders take responsibility for the actions of their troops. "They must make it very clear that detainees cannot be treated unlawfully and take action when these incidents are being made public; in terms of investigating, in terms of taking action against members of the forces who have committed these abuses and violations."
Ismail also expressed his concern about the impact of these violations, as they tarnish the image of Sudanese people more than they affect the warring factions. "Hate speech contributes to the violent treatment of prisoners, and it is imperative for military leaders of both sides to prevent such extremes."
