South Sudan should use Diplomatic and International Judicial Approaches to Address the Wad-Medani Atrocities
Deng Duot Bior-Barr is a South Sudanese PhD law student at the University of Dundee in Scotland, UK.
By Deng Duot Bior-Barr, Dundee, Scotland
Wednesday, 20 January 2025 (PW) — It is now apparent, and by watching the graphic videos online about South Sudan civilians being slaughtered like light goats, that these are not only heinous crimes. These constitute substantial evidence amounting to crimes against humanity, war crimes, and genocide as defined under the Rome statute. The human rights violation classified under the Rome Statute occurs when someone commits a prohibited crime. Rome Statute is the legal framework for the International Criminal Court (ICC), which prosecutes individuals for war crimes, crimes against humanity, genocide, and crimes of aggression.
According to the United Nations, genocide is “a crime committed with the intent to destroy a national, ethnic, racial, or religious group, in whole or in part.” War crimes and crimes against humanity occurs mainly when the government or institution of the government systematically targets civilians. Hence, these atrocities are being carried out based on ethnic undertones, and they could deepen divisions between communities and make reconciliation efforts more challenging between the two countries.
Nonetheless, the systemic slaughtering and torturing of South Sudanese in Sudan based on their identity not only amounts to human rights violations but also adds to the already existing mistreatment, exacerbates historical tensions, and risks reigniting old grievances rooted in the complex and painful history of the two nations. Moreover, such violence could also fuel longstanding issues in several ways. It could bring back old memories that reinforce the historical grievances and legacy of the Civil Wars, ultimately reviving memories of the Civil Wars (1955–1972 and 1983–2005).
Up to today, many South Sudanese do, and most of the time, still recall how they were marginalised and subjected to violence. Hence, the Wad-Medani atrocity against South Sudanese could reinforce perceptions of inequality and continuous systemic targeting of people based on their ethnic and identity conflicts. Also, the Wad-Medani atrocity being committed against South Sudanese amounted to international human rights violations, as argued under the Rome Statute.
Nevertheless, these heinous crimes do not only amount to international human rights violations, as argued in the Rome statute, but could strain bilateral relations and create diplomatic fallout and failure of the international legal system as wetness in Darfur genocide and Rohingya Muslims who are still waiting for justice and protection of their rights five after the Myanmar military began a sweeping campaign of massacres, rape, and arson in northern Rakhine State on August 25, 2017.
In addition, the Wad-Madeni atrocity has created these horrific crimes, punishable under international law, created tension, and might strain efforts to build peaceful bilateral relations between the two countries. The diplomatic and international judicial approaches are necessary to address the Wad-Madeni atrocity in order not to let those atrocities go unpunished. Thus, South Sudan should seek global support to investigate these atrocities rather than retaliatory measures, which could complicate regional dynamics.
According to Luke Patel, the two countries share economic ties, mainly regarding oil, because most of South Sudan’s oil is exported through Sudan. Even if Sudan may capitalise on the venerability of South Sudan, these heinous crimes do not go unpunished. These horrific crimes could derail the cooperation of the two countries’ natural resource-sharing agreements and border management, exacerbating the humanitarian crisis and displacement.
Creating a potential negative impact on the Sudan refugees and mass displacement of refugees in both countries, which will be catastrophic because it will put pressure on the South Sudan government with limited resources and exacerbate humanitarian challenges for vulnerable women and children fleeing violence.
Particularly given the ongoing internal conflicts and limited infrastructure within South Sudan. The potential influx of displaced persons and stories of atrocities may inflame nationalist or ethnic sentiments within South Sudan, increasing the risk of internal unrest—political exploitation and revenge killings by the relatives of those who have lost their lives in Sudan. The political elite may use this for their political gain, potentially deepening divisions within the country.
It may also lead to regional instability and cross-border tensions. Primarily, the violence against South Sudanese in Sudan could create substantial risks to refugees’ lives and destabilise border areas, where communities often have familial and ethnic ties to the grazing land, such as the Messiria, who mostly migrate south into the Dinka territory of Abyei. Creating cross-border tensions, escalating into localised conflicts, and weakening regional cooperation: Reducing regional integration and peacebuilding efforts, mainly through IGAD (Intergovernmental Authority on Development), may falter as trust between Sudan and South Sudan diminishes.
Nevertheless, South Sudan should seek a diplomatic and international judicial approach, since these atrocities have global implications and constitute human rights violations. This diplomatic and international judicial approach should draw international condemnation from other regional bodies, such as the African Union and the United Nations Security Council, for accountability and interventions to protect civilians. These global actors should increase pressure on Sudan to address the human rights violation, which requires resources and political will.
The diplomatic and international judicial approach should aim to address these atrocities, which could threaten refugees’ lives. Failing to address these atrocities could potentially reopen old wounds and undermine progress in peacebuilding and cooperation. Consequently, addressing these atrocities requires urgent international mediation, protection of vulnerable populations, and a renewed commitment to bilateral dialogue—failure to act risks worsening the humanitarian crisis and destabilising a fragile region.
The author, Deng D’Duot Bior-Barr, is a South Sudanese PhD Candidate at the Center for Energy, University of Dundee, Scotland. He can be reached via his email address: John Deng Duot Bior-bar <dduotdit@gmail.com>.
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