Reps. Omar and Jacobs Lead Letter on Preventing Atrocities in Sudan

WASHINGTON—Rep. Ilhan Omar (D-MN) and Rep. Sara Jacobs (D-CA) led a letter to Secretary of State Antony Blinken today seeking additional information about U.S. strategies for atrocity prevention and justice in Sudan. The signers specifically ask the status of the Department’s efforts to make atrocity determinations and its impact on U.S. policy.

The letter is also signed by Reps. Alma Adams, Kamlager-Dove, McGovern, Grijalva, Stansbury, Magaziner, Watson Coleman, and Bush.

“We are writing to express our ongoing grave concerns about the humanitarian and human rights crisis in Sudan,” the Members wrote. “We are particularly disturbed by significant and growing allegations of mass atrocities committed by the so-called Rapid Support Forces (RSF) in Darfur. Although credible reports have implicated both the RSF and the Sudanese Armed Forces (SAF) in war crimes and instances of severe civilian harm, it also seems clear that the RSF has borne responsibility for the majority of the atrocities committed since the outbreak of fighting in April.”

“Members of Congress have been clear that we support accountability for atrocity crimes committed in Sudan and elsewhere, and we stand prepared to take legislative action as necessary to ensure a civilian-led transition in Sudan includes significant mechanisms for justice for the victims of atrocities dating back decades,” they added. “The dream of civilian-led Sudanese government cannot be achieved without such measures.”

The letter comes after 50 organizations called on the Biden Administration to make an atrocity determination in Sudan and take concrete actions to protect civilians and prevent further atrocities late last week.

The conflict in Sudan that began in April has gotten steadily more brutal over recent weeks, with international experts ringing the alarm about a possible recurrence of genocide in Darfur. According to international observers, thousands have been killed just this month, with tens of thousands fleeing across Sudan's borders. Credible accusations of sexual violence, targeted killings, and torture against ethnic minorities have persisted.

You can read the full letter here and below.

Dear Secretary Blinken,

We are writing to express our ongoing grave concerns about the humanitarian and human rights crisis in Sudan. We are particularly disturbed by significant and growing allegations of mass atrocities committed by the so-called Rapid Support Forces (RSF) in Darfur. Although credible reports have implicated both the RSF and the Sudanese Armed Forces (SAF) in war crimes and instances of severe civilian harm, it also seems clear that the RSF has borne responsibility for the majority of the atrocities committed since the outbreak of fighting in April. 

In 2004, then-Secretary of State Colin Powell testified that the United States understood what was happening in Darfur as genocide. The United States then supported a resolution at the United Nations Security Council to refer the situation in Darfur to the International Criminal Court (ICC) Earlier this year, the ICC announced that alleged war crimes, crimes against humanity, and genocide taking place during the current conflict are within its jurisdiction. We are heartened that the Department has continued to be publicly supportive of the ICC’s investigation.  At the same time, we recognize that there are limitations to the ICC’s case and would like to the see the State Department work with Sudanese civilians to devise judicial and accountability mechanisms for atrocity crimes committed outside Darfur and the ICC’s jurisdiction. 

Members of Congress have been clear that we support accountability for atrocity crimes committed in Sudan and elsewhere, and we stand prepared to take legislative action as necessary to ensure a civilian-led transition in Sudan includes significant mechanisms for justice for the victims of atrocities dating back decades. The dream of civilian-led Sudanese government cannot be achieved without such measures. 

As we formulate our legislative strategy in response to the newest wave of atrocities in Sudan, we respectfully request your response to the following questions:

1)      What is the status of the Department’s efforts to make atrocity determinations related to the current fighting in Sudan?

2)      In the event that the Department makes a finding of war crimes, crimes against humanity, or genocide in Sudan, what are the practical implications for U.S. policy? What will change with respect to both the level of assistance and the type of programming for Sudan to deal with these atrocity crimes?

3)      Is the Department, in carrying out this determination, considering the role of third countries in facilitating atrocities? Specifically, is the Department looking into the reported role of the United Arab Emirates in supporting the RSF and in disregarding the UN arms embargo on Darfur?

4)      Given the shift in long-standing U.S. posture toward the ICC in the context of its investigation in Ukraine, are there ways the Department can now be supportive of the ICC’s Sudan investigation that it could not have been before? 

5)      In your view, are there any legislative changes to existing statute necessary to allow the U.S. to more fully support the ICC’s investigation in Sudan?

6)      In addition to the ICC, what options for transitional justice mechanisms in Sudan would the U.S. support? What technical assistance are we able to provide in terms of evidence preservation, intelligence sharing, etc.? We appreciate your timely attention to this matter and look forward to continuing this discussion to ensure that the U.S. is standing fully on the side of the Sudanese people and their aspirations for civilian-led government and justice. 

Sincerely,