The Independent International Fact-Fin­ding Mission (FFM) for Sudan will continue its work for at least a year, the UN Human Rights Council decided today. Through a re­solution adopted by a broader margin (23 states in favour, 12 against) than last year, when the UN’s top human rights body created the FFM (19 in favour, 16 against), the Council extended the mandate of the FFM. This will allow the FFM to pursue its vital investigations into the crimes committed in rela­tion to the conflict in Sudan. 

“Impunity is at the heart of the current crisis and of cycles of violence in Sudan. The absence of accountability for atrocities committed in the past has encouraged parties to the current con­flict to believe that crimes against civilians would go unpunished,” said Has­san Shire, Exe­cu­tive Direc­tor, Defend­Defen­ders. “The FFM is key to prove this cynical cal­cu­lation wrong and hold per­petrators to account.” 

The resolution adopted today (A/HRC/57/L.22) condemns a wide range of human rights violations and abuses and violations of the laws of war. It expresses grave concern at the humanitarian crisis, inclu­ding famine conditions at Zamzam camp and the risk of famine for millions of Sudanese. It condemns the renewal of attacks by the Rapid Support Forces in El Fasher, North Darfur, and the shelling of displacement camps, and reiterates the Council’s call for an immediate and complete ceasefire. It also reco­gni­ses that impunity for violations encourages their recur­ren­ce and is a fundamental obs­ta­cle to sustainable peace.

“The FFM is the only international me­cha­nism with the mandate, expertise and ex­pe­­ri­ence to independently investigate and re­port on the violations committed,” said Nicolas Agostini, De­fend­­Defen­ders’ Representative to the UN. “There is no alternative to its col­lec­tion and preser­va­tion of evi­den­ce functions and to its ability to identify and expose those responsible.”

18 months after the start of the current conflict, on 15 April 2023, violations of inter­na­tional humani­tarian law and human rights vio­lations and abuses continue to be com­mit­ted by all par­ties to the con­flict, namely the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF) and their res­pec­tive allies. Some of these violations constitute war crimes and cri­mes against hu­manity, as they involve targeted and indiscriminate attacks, including airstrikes, on civilians and on hospi­tals and schools, and patterns of arbi­trary deten­tion, torture, enfor­ced disappear­an­ces, and rape, gang-rape and other forms of sex­ual vio­lence, including sexual sla­very. In Darfur and elsewhere, the RSF and affiliated Arab militias have bur­ned houses and villa­ges and committed ethnic-based atrocities against Massalit and other non-Arab commu­ni­ties.

In its first report to the Council, presented in September 2024, the FFM found that both the SAF and the RSF were responsible for “patterns of large-scale violations,” including war crimes, and that it had “reasonable grounds to believe” that, in addition, “acts committed by the RSF and its allied militias [amounted to] crimes against humanity.”

The resolution adopted today, like the October 2023 resolution that established the FFM, resolution 54/2, highlights the complementarity between the efforts of the FFM and those of other actors, inc­luding  regional investigations. These include a joint Fact-Finding Mission of the African Com­mis­sion on Human and Peoples’ Rights (ACHPR) and the African Union (AU) Peace and Security Council. The resolution also refers to the investigation by the Office of the Prosecutor of the International Criminal Court (ICC) into international crimes committed in Darfur.

In May 2024, 80 Sudanese, African, and international NGOs called for the extension of the FFM’s man­date, arguing that both the situation in Sudan and the UN’s regular budget liquidity crisis, which cau­sed delays in the operationalisation of the FFM, called for further investigations beyond the initial mandate year of the FFM. In September 2023, 120 NGOs had urged the Council to create an inde­pen­dent investi­gative mechanism.

Right before the Council’s 57^th regular session, DefendDefenders, Amnesty International and Hu­man Rights Watch released a Q&A document addressing all issues relating to the FFM’s extension. It high­lighted, in particular, why the SAF-led National Commission of Investigation is not a credible al­ter­native to the independent man­­date of the FFM to document crimes by all parties to the conflict and to advance accoun­ta­bility for grave violations.

The Human Rights Council is holding its 57^th regular session from 9 September to 11 October 2024. It is expected to adopt almost 40 resolutions covering both thematic issues (including racism and hu­man rights on the internet) and country situations (including, in addi­tion to Sudan: Afghanistan, Bu­run­di, Sri Lanka, Syria, Russia and Venezuela). The Council will hear an oral update of the FFM at its 59^th session (June 2025) and consider the next report of the FFM at its 60^th session (September 2025). Resolution 57/L.22 also requests the FFM to present its next report to the UN General Assembly at its 80^th session, in October 2025.

For more information, please contact:

Estella Kabachwezi
Advocacy, Research and Communications Manager, DefendDefenders
[email protected] or +256 782 360 460 (English)

Nicolas Agostini
Representative to the United Nations for DefendDefenders
[email protected] or +41 79 813 49 91 (English and French)