ABSTRACT

After decades of conflict the war between the Sudanese government and the Sudanese People’s Liberation Movement/Army (SPLM/A) came to an end in 2005 with the signing of the Comprehensive Peace Agreement, which allows for some degree of autonomy for the south of the country, as well as for SPLM/A inclusion in both governance and security structures, but does not provide for accountability mechanisms. However, the situation remains fragile. Further, conflict has continued to rage in Western Darfur, threatening to undermine the peace agreements that have been developed and transform the conflict into potential genocide, and the UN Security Council has referred the situation to the International Criminal Court (ICC), as discussed in Chapter 13. There is an attempt at peace without justice in the south, and an attempt at justice without peace in Darfur. This chapter examines the background to the conflict, the human rights violations committed by all parties, and the applicable international humanitarian law and international human rights law.