A Q&A with experts on International Day for the Elimination of Sexual Violence in Conflict
Reprinted with permission from Legal Action Worldwide
Background
Since the eruption of conflict in Sudan in April 2023 between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF), the country has descended into a dire humanitarian crisis.
In particular, reports from survivors, humanitarian agencies, and human rights organizations point to a disturbing pattern of rape, gang rape, sexual slavery, and other forms of sexual violence being used to terrorize, humiliate, and displace civilians, particularly women and girls, but also men and boys. These acts have been documented in several conflict-affected areas, including Khartoum, Darfur, and parts of Kordofan. The United Nations and NGOs have raised alarm over the scale, brutality, and apparent widespread and systematic nature of these crimes.
The ongoing fighting, mass displacement, and collapse of basic services have severely restricted access to healthcare, psychosocial support, and legal recourse for survivors. At the same time, entrenched stigma, fear of retaliation, and the absence of accountability have created a culture of silence and impunity around CRSV in Sudan.
This Q&A seeks to deepen understanding of the scope, causes, and consequences of conflict-related sexual violence in Sudan today. Drawing on the insights of legal experts, frontline responders, researchers, and local advocates, it aims to inform a rights-based and survivor-centered response, while amplifying calls for justice, prevention, and urgent humanitarian action.
Survivors’ needs and access to services
By Hala Al-karib, Regional Director, Strategic Initiative for Women in the Horn of Africa (SIHA)
What are the immediate and long-term needs of survivors of CRSV in Sudan?
Sexual violence is an everyday reality for women, men, and boys in Sudan, and the country’s long history of impunity and lack of accountability has turned sexual violence into a weapon of war in the current conflict.
Victims and survivors of sexual violence continue to struggle with shame, mental health issues, and physical pain. This is happening owing to a complete lack of service and support for victims. There is no established structural response on the ground, nor are any services or facilities available to accommodate the large number of casualties. SIHA’s research reveals that hundreds of thousands of women, children, boys, and men have been exposed to sexual violence since April 15, 2023. However, the experiences and agonies that victims have faced go unacknowledged and ignored.
Victims and survivors of sexual violence lack long-term recovery programs, which are critical for women, men, children, their families, and their communities. At SIHA, we have observed that many women who have suffered months of enforced disappearance and torture and sexual slavery are hesitant to reconnect with their families and communities due to feelings of shame and recurrent rejection.
Victims and survivors, particularly women, require access to resources to restore their lives. They need reintegration and bridging programs, particularly girls and boys who suffered sexual violence and are hesitant to return to school in the places where schools began.
Grassroots civil society and women’s organizations that offer documentation, information, and response to this ongoing crime must be supported directly and sufficiently. The work that is being done by the frontline civil society is critical to the protection of civilians and response to sexual violence crimes.
There is a need for increased community awareness of sexual violence as a crime, as well as measures to help families reunite.
What are the major barriers to accessing medical, psychological, or legal support for survivors?
There are no strategies to support the victims and survivors of sexual violence. Service provision locations are often far from locations where victims are exposed to sexual violence. There are no service points or One Stop Centres that victims can access services in nearby secure locations.
The available health facilities have no privacy or safety that enables victims to access services safely and with dignity, often leading to the revictimization of many of the victims.
Most of the narrative, notably from international actors, Sudanese politicians, and military players, ignores the fact that sexual violence is a crime under both international and local laws. The absence of justice exacerbates stigma and humiliation. Recognizing sexual violence as a crime, as well as reporting and filing cases despite Sudan’s hindered and severely broken system, is critical for victims, their advocates, and for the efforts to reform the local legal system.
Another concern is a lack of support for lawyers, advocacy groups, and human rights activists.
To put an end to militarism and bloodshed, we must invest in legal knowledge and start immediately on reforming and challenging Sudan local judicial and legal systems. This can only be achieved by increasing the capacity and reach of advocates and human rights defenders. Enabling lawyers and defenders will make a big contribution to restore the dignity of victims and survivors.
In Darfur, the region with the greatest rate of sexual violence against women, girls, men, and boys, there are no defined humanitarian aid initiatives to meet victims’ basic needs and services.
The expense of giving assistance to victims in Darfur is particularly high due to a lack of services and the frequent necessity for relocation. Hundreds of victims have died because of lack of medical care and more have committed suicide since there are no mental health facilities available.
The stalling of the international Criminal Court procedure has had major consequences for the increased occurrence of sexual violence in Darfur.
The lack of narrative and serious proposition on Sudan’s victims’ deservingness of justice and accountability is highly problematic. Sudan deserves a special tribunal considering the massive scale of war crimes committed across the country.
How have humanitarian organizations adapted their services to support CRSV survivors amid ongoing conflict?
Local civil society organizations, women’s organizations, and front-line volunteers are the primary sources of support for Sexual violence victims and survivors. They are the ones
who bear the burden of reaching out to victims and survivors, often with very limited means and while exposing themselves to considerable risks from warring parties and perpetrators.
Legal and policy frameworks
By Linda Bore, International Criminal Lawyer and Programs Coordinator, Wayamo Foundation
How does Sudan’s legal system address CRSV, and are existing laws sufficient or enforced?
Historically, the legal framework governing rape and other sexual offences in Sudan has been inadequate and deeply problematic. Rape is criminalized under article 149 of the Sudanese Criminal Code. However, earlier definitions closely linked the offence to that of adultery (Zina), creating significant legal and practical challenges for survivors. This association was however removed through an amendment to the Criminal Code in 2015. Rape and other sexual offences against children are proscribed under Article 45 of the Children’s Act of 2010. Under this Act, a child is recognised as a person below the age of 18 years. In cases where rape results in pregnancy, Article 135 of the Criminal Code of 1991 permits abortion within 90 days. Access to this provision remains constrained by procedural and evidentiary hurdles and has been made worse by the existing conflict.
In the mid-2000s, Sudan undertook legislative reforms to incorporate international crimes – namely genocide, crimes against humanity, and war crimes – into its domestic legal framework. These reforms were enacted through amendments to the Armed Forces Act in 2007 and the Criminal Code in 2009. While the definitions and scope of these crimes do not fully align with international standards, the revised legislation nonetheless establishes a legal basis for prosecuting international crimes committed during the current conflict. For instance, Article 186 of the Criminal Code, which addresses crimes against humanity, includes a broad range of gender-based crimes, such as rape, sexual slavery, enforced prostitution, forced pregnancy, and enforced sterilisation.
An obstacle to enforcement of these laws is the presence of conditional immunity clauses under Sudanese law. Members of security agencies and the armed forces can only be prosecuted for crimes, if the head of the respective agency authorizes the lifting of immunity. This legal protection has in the past hindered efforts to hold perpetrators accountable. Another barrier is the statute of limitations outlined in Article 38(3) of the Criminal Procedure Code, which sets a ten-year limit on prosecuting crimes punishable by death or ten years’ imprisonment – which applies to all international crimes in Sudanese law.
There are significant systemic barriers that hinder the effective implementation of laws related to sexual and gender-based violence (SGBV) in Sudan. These challenges include inadequate investigative procedures, limited support services for survivors, and stringent evidentiary requirements. Survivors often grapple with deep social stigma, immense psychological trauma, physical injuries and are subject to harmful cultural norms that discourage disclosure. In some cases, victims are forced to marry their abusers, further silencing them and undermining their ability to seek justice.
A particularly problematic procedural requirement is the necessity of obtaining Form 8, as a precondition for receiving medical treatment and other support services in CRSV cases. This form, completed by a medical practitioner who examines the victim, can only be issued by police stations or approved hospitals and clinics. It is a prerequisite for initiating legal proceedings in CRSV cases and critically, for permitting access to abortion services.
Human rights organizations and service providers have consistently identified Form 8 as a major impediment to justice and care, especially in cases where police stations are not easily accessible. In conflict affected regions, reports of CRSV have sharply increased, while access to hospitals and police stations has significantly deteriorated. In many affected areas, obtaining Form 8 has become virtually impossible, resulting in survivors being denied time-sensitive medical treatment and support, further exacerbating their trauma and undermining efforts to seek redress. As a response, the Sudanese together against rape and sexual violence campaign has called on the Attorney General of Sudan to do away with the requirement for Form 8 for victims of rape and sexual violence in the present conflict. Campaigners have also called for the reform of Sudan’s Personal Status Law to explicitly require a woman’s consent, not their guardian, before a marriage is contracted.
What role can transitional justice or peace processes play in ensuring justice for survivors of CRSV?
Transitional justice and peace processes can play a crucial role in ensuring justice for survivors of CRSV. The UN – Fact-Finding Mission for Sudan has established that SGBV, in particular rape and gang rape, has been widespread in Sudan’s conflict and continues to occur on a large scale across the country. Victims have primarily been women and girls, but men and boys have not been spared.
Transitional justice and peace processes offer an opportunity not only to acknowledge the harm caused to survivors, but also to lay the groundwork for a more inclusive and accountable post-conflict society. A key starting point is the design and inclusivity of the transitional justice and peace process itself. There is a lot that Sudan can learn from other post-conflict societies in this regard. Decisions about when and how the process begins, and who is allowed at the table, have significant implications for justice. Given the scale and intersectional nature of CRSV in Sudan’s conflict, it is essential that the voices of survivors are meaningfully included in the design and implementation of these mechanisms. This ensures that transitional justice reflects lived realities and addresses the specific needs of those affected.
Transitional justice and peace processes should adopt a survivor-centred, trauma-informed approach, implementing a suite of measures across the short, medium, and long term to ensure comprehensive redress. These measures include physical protection, medical care, access to ARVs, and psychological support; accountability processes, public apologies; reparations; alternative sanctions as agreed by survivors; truth-telling and listening initiatives; acknowledgment of CRSV in national historical memory to affirm dignity and foster moral rejection. Justice also requires legal reform, including revising Sudan’s laws to better address CRSV and eliminate barriers such as the Form 8 requirement and immunity provisions.
It is important to acknowledge the courageous work of Sudanese human rights defenders, grassroots civil society actors, emergency response teams, and others who are actively ensuring that cases of CRSV are documented, and critical support is provided to survivors. Their efforts include medical and psychological care, the creation of safe spaces, and provision of other essential services. Many of these actors operate under extremely difficult conditions—facing threats, harassment, and the psychological toll of working with survivors of such grave violations.
Documentation of CRSV by local and international actors is critical, serving multiple purposes. It provides the foundation for advocacy on behalf of victims and survivors, ensuring their experiences are acknowledged and prioritized. Just as importantly, it forms the evidentiary basis for future justice and accountability processes—whether through domestic prosecutions, truth commissions, universal jurisdiction cases, hybrid mechanisms, or international courts such as the ICC. Thirdly, the documentation of CRSV cases empowers survivors by giving them both visibility and voice. It prevents authorities from ignoring or denying the existence of these crimes and ensures that survivors are not erased from justice and accountability processes. Through documentation, survivors gain a platform to assert their rights and advocate for their demands, securing a legitimate seat at the table where decisions about redress and accountability are made.
Finally, transitional justice must anticipate complex legacies of CRSV, such as the long-term support required by children born of rape, who often face issues of identity, stigma, and marginalisation. Addressing these and other dimensions of CRSV is essential to building sustainable peace.
What protections do international humanitarian and human rights laws offer to victims of CRSV in Sudan?
Sudan is a State Party to several key international human rights and humanitarian law treaties. These include the 1949 Geneva Conventions and their 1977 Additional Protocols, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights (1966), the Convention on the Rights of the Child, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, alongside other regional and international treaties. Though Sudan is not a state party to the Rome Statute of the ICC, the Court has jurisdiction over crimes committed in Darfur. Collectively, these international instruments impose binding obligations on Sudan to prevent, investigate, and prosecute serious crimes, including sexual and gender-based crimes.
Under International law, CRSV is explicitly prohibited and these acts may amount to war crimes, crimes against humanity or genocide. International law therefore provides a name to the crimes committed against victims and survivors of CRSV and proscribes the acts committed against them. It recognizes the range of atrocities—not only rape and sexual assault, but also sexual slavery, trafficking, forced marriage, enforced prostitution, and reproductive violence such as forced pregnancy. Since the start of the conflict, these acts have been consistently documented by Sudanese human rights defenders, international NGOs and UN – Fact Finding Mission for Sudan among other actors. Naming these acts provides a means to capture what has been done to survivors of CRSV, affirms their dignity and establishes a legal basis for justice.
In addition, the law places clear obligations on both state and non-state actors to respect and ensure respect for the law and other fundamental norms of international law. State parties to the Geneva conventions have an obligation to prevent, investigate and repress these crimes wherever they are committed. This includes enacting legislation to provide penal sanctions for crimes, and to bring alleged offenders to justice.
It is also essential to note that the law recognizes the right to a remedy for survivors. This includes access to reparations, which can take many forms—financial compensation, access to healthcare and psychosocial support, guarantees of non-repetition, and public acknowledgment of harm.
Looking ahead, international law establishes mechanisms for justice. Survivors and communities affected by CRSV have the right to seek accountability through domestic courts, universal jurisdiction processes, international tribunals like the International Criminal Court (ICC), or hybrid mechanisms, where established. These mechanisms can provide an avenue to not only punish perpetrators, but also affirm the truth, restore dignity and pave the way for lasting peace.
Data, documentation and research
By Lujane Benamer, Legal Program Manager, Clooney Foundation for Justice
What are the challenges in documenting cases of CRSV in conflict zones?
Documenting CRSV in Sudan is fraught with obstacles. Ongoing violence, the presence of perpetrators, and a near-total collapse of justice mechanisms have created an environment where survivors face extreme risks in reporting, testifying, or sharing their experiences. Many live in remote or besieged areas—such as displacement camps, or refugee camps along the Chad-Sudan border—with little access to health, psychosocial, or legal support. Communication networks have been destroyed by the conflict, making remote documentation prohibitively difficult. Survivors and researchers alike risk retaliation, as speaking about criminal activity may be perceived as subversive. CRSV documentation faces the challenge of linking perpetrators to specific crimes, as attackers may be masked, unknown to the community, or come from outside the local area. Cultural stigma and fear of retaliation compound survivors’ silence. Decades of impunity for sexual violence in Sudan, ranging from the early years of the Darfur conflict to the current war, have emboldened perpetrators and undermined trust in any system of redress. Without credible documentation, the cycle of abuse continues unchecked.
How can researchers and organizations ensure ethical, survivor-centered approaches to collecting data on CRSV?
Ethical documentation must begin with the recognition that survivors are not mere sources of information—they are people whose dignity and safety must be prioritized at every step. This means conducting thorough risk and vulnerability assessments, offering access to psychosocial and medical support, and grounding the process in collaboration with trusted, Sudanese community-based actors. Ensuring fully informed consent is essential: survivors must understand what participation involves, how their information will be used, and have the freedom to withdraw at any time without consequence. Survivor agency must be respected: participation should never be coerced or transactional. In contexts like Sudan, where justice has long been denied, documenting CRSV ethically is not just a methodological concern; it is a form of resistance, a step toward accountability, and a refusal to let these crimes be erased or ignored.
Recommendations and future actions
By Christine Alai, Human Rights Lawyer, Vice-Chairperson of the Council of the International Commission of Jurists-Kenya and Co-founder of Utu Wetu Trust
What are the most urgent steps national and international actors should take to address CRSV in Sudan?
Intensified efforts to secure cessation of hostilities is crucial step to avert ongoing largescale and systematic sexual violence in the armed conflict in Sudan. The complexities emerging from the involvement of foreign states and actors demonstrate the need for concerted efforts among regional and international actors. They should seize all available diplomatic levers – including carrots and sticks – to influence the warring factions to reach a durable ceasefire and peaceful resolution to the conflict. These efforts should prioritize establishment and enforcement of measures for effective protection of civilians, and access to humanitarian and urgent medical assistance to victims of CRSV and other violations. This should pave way for an inclusive political dialogue to return Sudan to a democratic trajectory and path towards sustainable peace.
What are best practices from other contexts that could be adapted for Sudan?
It is essential to integrate a gender-sensitive and transformative approach in emerging peace processes, so as to meaningfully address the underlying causes, patterns and consequences of CRSV in the armed conflict in Sudan. This requires gender inclusivity in emerging processes and measures to address factors that are likely to hinder the visibility of CRSV and other gendered patterns and harms of the conflict.
Further, emerging peace processes should explicitly integrate and prioritize inclusive transitional justice and nation building measures to address the structural causes and drivers of recurring armed conflict in Sudan. This should include measures to address ethnic divisions, gender-based discrimination, systematic marginalization, autocratic military rule and impunity for atrocities. The framework for such a roadmap already exists in the measures recommended by regional and international actors, and numerous peace agreements negotiated over several decades in an attempt to avert oppressive military rule and secure sustainable peace in Sudan.
What gives you hope in the fight against conflict-related sexual violence in Sudan?
The resilience of the people of Sudan is inspiring. Despite the security and socio-political challenges, ordinary citizens, professionals and community actors have initiated innovative measures, such as emergency response rooms, to support CRSV victims. However, these actors need more than commendation; they require the collaboration of regional and international actors and humanitarian organizations to avail necessary financial and technical resources, and commodities to enhance accessibility and availability of emergency healthcare and protection for CRSV victims. Community-based actors are the closest to and most trusted by affected communities. If well resourced, they can enhance support for victims’ disclosure amidst fears of stigmatization and reprisals, and collection and preservation of essential information and evidence that would inform future accountability and reparation processes.
