A/HRC/6/19
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under the Government’s control that it be prohibited to make civilians or civilian objects,
including cultivated land and livestock, the target of attacks or to launch indiscriminate attacks,
including burning of villages and aerial bombing; that such attacks can amount to war crimes and
crimes against humanity; that suspects, including bearers of command responsibility, would be
investigated and brought to justice; and that any immunities would be waived
(recommendation 1.1.1) and enforced (see section C on accountability and justice below). The
Government informed the group of experts on the draft Sudanese Armed Forces bill of 2007
(see paragraph 45 below), which contains a chapter on international humanitarian law and war
crimes and is currently under consideration by Parliament. On 30 October 2007, the group of
experts received a copy of a declaration of the Sudanese Armed Forces concerning the
regulations and rules of conduct of armed forces personnel in conflict zones, which the
Government indicated had been circulated to all units of the armed forces. The group also
received information on a directive on the code of conduct of the armed forces during armed
conflicts, issued by the headquarters of the Army Joint Operations Unit. The code of conduct
explains that the provisions of international humanitarian law and of Islamic law are fully
compatible with each other and stresses that the responsibility for stopping humanitarian law
violations falls on military commanders and any military leader who, within his area of
responsibility, must ensure that the law is applied and who shall personally make sure that all
persons under his responsibility are aware of their responsibility under the law. The code states
that, during military operations, all persons should avoid harming the civilian populations and
civilian objects, unless they become military objectives; all necessary precautions should be
taken; reparations should be provided for mistakes committed; and all types of attacks against
women should be prohibited. In addition, civilians who participate in the hostilities should not be
subject to attack, killing, torture or detention. Civilians who engage in hostile actions should be
restricted to certain areas and should not be exposed to inhumane treatment. Humanitarian
workers and organizations providing aid should be protected. The code is addressed to the
Sudanese Armed Forces and the Popular Defence Forces, and does not refer to any militias
operating under the control or in cooperation with the Government.
19. The Government asserted that these and other measures taken to implement the
recommendations had led to clear progress in Darfur as attested, in particular, by the return
of 359,000 internally displaced persons and refugees to their places of origin, a fall in reported
cases of violence against civilians, including women, and the massive presence of humanitarian
workers in Darfur. The group of experts, without taking position on the nature and sustainability
of reported returns of displaced persons, notes that, according to United Nations figures, more
than 267,000 persons had been displaced since the beginning of 2007, with particularly high
figures in August, September and October. The group also takes note of the very detailed reports
on continuing acts of violence committed against civilians in different parts of Darfur (see
annex I), indicating that the measures taken had little or no impact on the ground. According to
United Nations sources, from 20 June to mid-November 2007, at least 15 land and air attacks
were made on civilian centres in all three Darfur states by the forces of the Government,
affiliated militia and the Minni Minawi faction of the Sudanese Liberation Army (SLA/MM).
On several occasions, civilian casualties resulted from clashes between warring parties who
failed to distinguish between combatants and non-combatants, and used disproportionate and
indiscriminate means of warfare. As a result of those attacks, over 170 civilians were killed. The
attacks led to widespread looting and destruction of civilian property, including hundreds of
houses, the theft and killing of large numbers of livestock, and the displacement of thousands of