EJIL: The Podcast! 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).

Events, materials and institutional mechanisms touched on in the discussion:

UNSC Resolution 1593 (2005) referral of situation in Darfur to ICC in 2005 (blog discussion here  of whether this can ground ICC investigations today; report of African Union High-Level Panel on Darfur (2009) bearing on relationship between situation in Darfur and rest of Sudan).

Independent International Fact-finding Mission for the Sudan report of 19 Feb 2026, speaking of ‘hallmarks of genocide’ and finding indicators of ‘a genocidal path’ in El-Fasher.

African Union / African Commission of Human and Peoples’ Rights Virtual Joint Fact-Finding Mission report of 16 July 2025.

ICC’s 2025 conviction of Ali Muhammad Ali Abd-al-Rahman (‘Ali Kushayb’) for CAH and war crimes in Darfur, 2003–2004 (sentenced to 20 years; conviction subject to appeal).

BBC coverage of the ‘Khartoum massacre’ (3 June 2019) by Sudanese security forces of pro-democracy protestors shortly after the coup ousting President Omar al-Bashir.

UK announcement of international Coalition for Atrocity Prevention and Justice in Sudan (Feb 2026).

Coverage of flows of UK weapons and parts from UAE to RSF, UK statements denying this.

‘Emergency response rooms’ supporting Sudanese communities by organizing aid, food, and future crops: Mutual Aid Sudan and Sudan Solidarity Collective.