Experts suggest that a recent decision by the International Court of Justice (ICJ), dismissing Sudan’s lawsuit against the United Arab Emirates (UAE), could have significant political and legal consequences for General al-Burhan’s army (SAF).
Though the ICJ cannot hold individuals accountable, the ruling undermines the legitimacy of SAF leadership, including Commander-in-Chief Abdel Fattah Al-Burhan, and may set the stage for international scrutiny of the SAF’s role in civilian violations.
The ruling, while focused on inter-state relations, raises questions about SAF’s legitimacy and its representation of the Sudanese state. Ahmed Tugud Lisan, Secretary-General of the Sudanese Justice and Equality Movement (JEM), emphasized that the ICJ only addresses state-to-state disputes, not individual crimes.
However, he noted that the ruling could pave the way for broader international accountability for the SAF, particularly for its actions in Darfur.
Lisan pointed out that Sudan is not a member of the International Criminal Court (ICC), which handles war crimes, but that crimes related to Darfur were referred to the ICC. He argued that the ICJ’s dismissal of the lawsuit highlights the absence of a legitimate government in Sudan, with Al-Burhan and the SAF establishment failing to represent public opinion.
Political analyst Al-Tayeb Al-Zein called the decision a blow to Al-Burhan, dismissing the SAF’s attempt to frame the conflict as an external issue. He argued that the ruling discredits efforts to divert attention from internal crimes and undermines Al-Burhan’s narrative.
Shihab Ibrahim Al-Tayeb, a member of the Civil Democratic Alliance of the Revolutionary Forces, suggested that the ruling could lead to future prosecutions for war crimes, particularly those committed by the SAF and Islamist Movement (Sudanese Muslim Broterhood) against civilians. He noted that the SAF’s actions, including the suppression of protests and violence in Darfur, could be scrutinized by international courts.
The ruling signals that Sudan’s military leaders may face international legal consequences for their actions, both in Darfur and in the aftermath of the 2019 revolution, including the violent suppression of protests. As such, the decision could mark a significant step toward holding Sudanese officials accountable for their role in the ongoing conflict.
