Episode 43: Sudan—Does international law have anything to say?

The situation in Sudan is often described as the world's worst humanitarian crisis. Going by the numbers, it could well be more than 150,000 people have died. More than 12 million people have been displaced. More than 21 million people are in a situation of acute food insecurity. But this framing of a humanitarian crisis, or worse, a humanitarian tragedy, seems to deplete the situation of agency, as if the situation is unfortunate, collateral damage of something that is inevitable. This framing stands in contrast to that of other situations of intense violence, for instance, Ukraine, Palestine, Myanmar and Iran, which are increasingly discussed not merely in terms of the humanitarian situation, but also in the language of international law, self determination, aggression, genocide. What does international law have to say about the situation in Sudan and how could it be used to halt the violence and promote justice, broadly defined? What role is there for the International Criminal Court, International Court of Justice, African Union, local courts or other institutions? How should we think about tensions between peace and justice, after decades of neither? Sarah Nouwen is joined by Kholood Khair (Confluence Advisory, formerly based in Khartoum), Mohaned Elnour (Sudanese human rights lawyer in exile) and Ambassador Namira Negm (Director of the African Migration Observatory). For links to events, materials and institutional mechanisms touched on in the discussion, visit https://www.ejiltalk.org/ejil-the-podcast-page/.