A/HRC/6/19
page 25
2.
Sudan has ratified the Geneva Conventions of 1949 and its Additional Protocols.
These conventions provide protection for the civilian populations and those rendered
hors de combat by surrender. It urges for humane treatment for the prisoners and the
obligation to provide care for the sick and the wounded. They also call for avoiding
brutality during armed hostilities, particularly if this does not realize the war
objective, such as the killing of prisoners or the wounded or attacking women and
children.
3.
The above are International Humanitarian Law Principles which represent the same
principles of International Islamic Law prohibit attacking non-combatant, killing of
prisoners, fighting the wounded, the use of excessive force when attacking and the
armed hostilities shall only be confined to combatants and that life, property and
freedoms shall be spared unless involved in fighting. Such a law also calls for justice,
mercy and noble virtues, avoiding and humane treatment. Even the right of resorting
to war when attacked in situations of international armed conflicts is restricted in
Islam by noble virtues and the respect for humanity which enshrined in Quran and
Suna and the sayings of the Caliphes as fundamental principles.
4.
Christianity is also based on the idea of ‘pure peace’ and prohibition of killing and
warning on killing people. The four versions of the bile are unanimous call for love
to your enemy and to treat humanely those who hate you. We may argue that modern
Christian jurisprudence strictly calls for control or supervision of the means of war
and that its objectives must realize securing justice and treatment of injustice and that
war shall be a just war and conducted through a just means.
5.
According to the above, we conclude that the principles of International
Humanitarian Law constitutes (in terms of content and substance) an integral part of
the beliefs of the people of the Sudan. Therefore, the Draft Bill of the Armed Forces,
which was referred to the National Assembly by the Council of Ministers, includes a
whole Chapter to the Law of War and provides a detailed provisions for the crimes
which contravene this law such as killing of civilians, torture, unlawful detention,
forced disappearance, all types of violence against women and attacking international
humanitarian organizations.
6.
The responsibility of stopping humanitarian law violations falls on the military
commanders and any military leader, within his area of responsibility, must ensure
that the law is applied and shall personally make sure that all persons under his
responsibility are aware of their responsibility under the law. During conducting the
military operations, all persons shall avoid hurting the civilian populations and also
civilian objects unless they become military objectives. All the necessary precautions
shall be taken reparations shall be provided for mistakes committed. All types of
attacks against women shall be prohibited. Also, civilians who are participating in
the hostilities shall not be subject to attack, killing, torture and detention. Those
civilians who engage in hostile actions shall be confined and restricted to certain
areas and shall not be exposed to inhumane treatment. Humanitarian workers and
organizations providing aid shall be protected.
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