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Time of India
2 days ago
- Politics
- Time of India
Starvation is a war crime, but will justice ever be done?
Calls to prosecute the war crime of starvation are becoming louder and more frequent. "[Famine] is a weapon of war being wielded across the globe at the moment. But this has to stop, it's against international humanitarian law," Shayna Lewis, senior adviser on Sudan for the US-based group PAEMA (Preventing and Ending Mass Atrocities) told DW recently. Tired of too many ads? go ad free now She was talking about the Sudanese city of El Fasher, which has been under siege for a year now and where food is running out for around 30,000 people trapped there. "It is a crime internationally and it needs to be prosecuted as such," Lewis argued. Human rights groups, including Amnesty International and Human Rights Watch, have said similar about Israel's blockade of aid and food into the Gaza Strip. "Israel is starving Gaza. It's genocide. It's a crime against humanity. It's a war crime," Michael Fakhri, the United Nations' special rapporteur on the right to food, told UK newspaper the Guardian last week. Food as a weapon of war Experts say that part of the reason there are now more calls to prosecute starvation of civilians as a war crime, is that there is more famine being caused by conflict. Over the first decade of this century, there was very little famine, researchers at the World Peace Foundation, or WPF, wrote in a 2022 collection of essays, "Accountability for Starvation." But more recently that has changed. "This is an ancient phenomenon, warring parties have been using it for centuries," Rebecca Bakos Blumenthal, a legal adviser with the Starvation Accountability project run by Netherlands-based law foundation, Global Rights Compliance, or GRC, says. After 2015, this kind of tactic has re-emerged, she noted. Over the past decade, there have been conflict-related famines in Nigeria, Somalia, South Sudan, Sudan, Syria and Yemen. Tired of too many ads? go ad free now Food security experts suggest Russian attacks on Ukraine's agricultural sector could also be seen as criminal attempts to weaponize food. Basically there's just more of this war crime happening again, they argue. "Even while global food security is improving, the incidence of famines is increasing," Alex de Waal, a professor at Tufts University in the US and head of the WPF's research into mass starvation, wrote last week. "This tells us that the global food security is more volatile and unequal. That's consistent with hunger being used as a weapon." The deliberate withholding of food or other essentials needed for civilians' survival is categorized as a war crime by many nations as well as in various iterations of international law, including the Geneva Conventions and the Rome Statute (which is applied by the International Criminal Court, or ICC). But so far, those who wield that "weapon" have never been brought to trial: The war crime of starvation has never been prosecuted in an international court on its own, only as a part of around 20 other war crimes cases. And just because civilians are going hungry in a conflict, doesn't mean a crime was committed. "One of the issues in law is the question of intent," de Waal told DW. "The war crime of starvation requires that the perpetrator is acting with intent." Starvation happens over the longer term, de Waal points out, and some legal scholars have argued it must be proven that a perpetrator intended to starve people from the very beginning of, for example, a siege or blockade. But most legal experts believe there could also be "indirect intent," de Waal explains. That is, it's clear that starvation will occur "in the normal course of events," and the perpetrator knows that, they've had opportunities to prevent it, but didn't do so. Another issue for any legal case involving starvation is the lack of precedent, and which international or national courts have jurisdiction over the alleged war criminals. Changing views on starvation as war crime Up until a couple of years ago, starvation was often seen as a developmental or humanitarian issue, GRC's Blumenthal explains. But now there is more attention being paid to its criminal aspects. "I've worked on this issue for quite a few years now and these things do move slowly," concedes Blumenthal, who's been looking at the topic since 2020. "But I do think the needle is moving and there have been some consequential steps taken over the past 10 years." In 2018, the UN Security Council unanimously passed Resolution 2417, "condemning the starving of civilians as a method of warfare." In 2019, changes were made to the Rome Statute, making starvation a war crime in non-international armed conflicts too, rather than just international. There have also been UN commissions of inquiry on conflicts in South Sudan and Ethiopia-Tigray specifically focusing on the topic of starvation as a war crime, Blumenthal points out. "We're seeing a lot more international and local organizations, together with accountability mechanisms, calling this out and certain striking examples, like the case of Gaza today, have really amplified awareness around the crime as well," she notes. In fact, the ICC warrants issued against Israeli President Benjamin Netanyahu and former Israeli defense minister Yoav Gallant in November 2024, which specifically mention the war crime of starvation, are a "historic milestone," Blumenthal notes. It's the first time that international warrants have been issued for starvation as a stand-alone crime. The ICC also has an open investigation into Sudan going, she adds. "The issue has undoubtedly gained more attention over the last 10 years," de Waal confirms. "The legal frameworks are all in place. What's lacking is the political will to act." Will perpetrators of starvation ever end up in court? There are still jurisdictional challenges, de Waal told DW. "But I am confident that there are many cases for which conviction is possible. It just requires getting the accused in court." Blumenthal agrees. "There are misconceptions around this and so many people think [starvation] is an inevitable part of war," she says. "But during our in-depth investigations, it's surprising how quickly it becomes clear that actually these patterns are very stark and in many situations, you can discern a deliberate strategy." Blumenthal is cautiously optimistic that one day soon those who deliberately starve civilians will face justice. "That is certainly the hope," she concludes. "That's what we are all working towards."
DW
2 days ago
- Politics
- DW
Starvation is a war crime, but will justice ever be done? – DW – 08/15/2025
Experts say that food is increasingly being used as a weapon in conflicts in places like Sudan, Syria and Gaza. But there's never been a war crimes case about it in an international court. That may soon change. Calls to prosecute the war crime of starvation are becoming louder and more frequent. "[Famine] is a weapon of war being wielded across the globe at the moment. But this has to stop, it's against international humanitarian law," Shayna Lewis, senior adviser on Sudan for the US-based group PAEMA (Preventing and Ending Mass Atrocities) told DW recently. She was talking about the Sudanese city of El Fasher, which has been under siege for a year now and where food is running out for around 30,000 people trapped there. "It is a crime internationally and it needs to be prosecuted as such," Lewis argued. Human rights groups, including Amnesty International and Human Rights Watch, have said similar about Israel's blockade of aid and food into the Gaza Strip. "Israel is starving Gaza. It's genocide. It's a crime against humanity. It's a war crime," Michael Fakhri, the United Nations' special rapporteur on the right to food, told UK newspaper the last week. Experts say that part of the reason there are now more calls to prosecute starvation of civilians as a war crime, is that there is more famine being caused by conflict. Over the first decade of this century, there was very little famine, researchers at the World Peace Foundation, or WPF, wrote in a 2022 collection of essays, "Accountability for Starvation." But more recently that has changed. "This is an ancient phenomenon, fighting parties have been using it for centuries," Rebecca Bakos Blumenthal, a legal adviser with the Starvation Accountability project run by Netherlands-based law foundation, Global Rights Compliance, or GRC, says. " I think prior to 2015, we were doing quite well in terms of food security. But there's been a resurgence of this kind of conduct." Over the past decade, there have been conflict-related famines in Nigeria, Somalia, South Sudan, Sudan, Syria and Yemen. Food security experts suggest Russian attacks on Ukraine's agricultural sector could also be seen as criminal attempts to weaponize food. Basically there's just more of this war crime happening again, they argue. "Even while global food security is improving, the incidence of famines is increasing," Alex de Waal, a professor at Tufts University in the US and head of the WPF's research into mass starvation, wrote last week. "This tells us that the global food security is more volatile and unequal. That's consistent with hunger being used as a weapon." The deliberate withholding of food or other essentials needed for civilians' survival is categorized as a war crime by many nations as well as in various iterations of international law, including the Geneva Conventions and the Rome Statute (which is applied by the International Criminal Court, or ICC). But so far, those who wield that "weapon" have never been brought to trial: The war crime of starvation has never been prosecuted in an international court on its own, only as a part of around 20 other war crimes cases. And just because civilians are going hungry in a conflict, doesn't mean a crime was committed. "One of the issues in law is the question of intent," de Waal told DW. "The war crime of starvation requires that the perpetrator is acting with intent." Starvation happens over the longer term, de Waal points out, and some legal scholars have argued it must be proven that a perpetrator intended to starve people from the very beginning of, for example, a siege or blockade. But most legal experts believe there could also be "indirect intent," de Waal explains. That is, it's clear that starvation will occur "in the normal course of events," and the perpetrator knows that, they've had opportunities to prevent it, but didn't do so. Another issue for any legal case involving starvation is the lack of precedent, and which international or national courts have jurisdiction over the alleged war criminals. Up until a couple of years ago, starvation was often seen as a developmental or humanitarian issue, GRC's Blumenthal explains. But now there is more attention being paid to its criminal aspects. "I've worked on this issue for quite a few years now and these things do move slowly," concedes Blumenthal, who's been looking at the issue since 2017. "But I do think the needle is moving and there have been some consequential steps taken over the past 10 years." In 2018, the UN Security Council unanimously passed Resolution 2417, "condemning the starving of civilians as a method of warfare." In 2019, changes were made to the Rome Statute, making starvation a war crime in non-international armed conflicts too, rather than just international. There have also been UN commissions on conflicts in South Sudan and Ethiopia-Tigray specifically focusing on the topic of starvation as a war crime, Blumenthal points out. "We're seeing a lot more international organizations calling this out and certain striking examples, like the case of Gaza today, have really amplified awareness around the crime as well," she notes. In fact, the ICC warrants issued against Israeli President Benjamin Netanyahu and former Israeli defense minister Yoav Gallant in November 2024, which specifically mention starvation, are a "historic milestone," Blumenthal notes. It's the first time that international warrants have been issued for starvation as a stand-alone crime. The ICC also has an open investigation into Sudan going, she adds. "The issue has undoubtedly gained more attention over the last 10 years," de Waal confirms. "The legal frameworks are all in place. What's lacking is the political will to act." To view this video please enable JavaScript, and consider upgrading to a web browser that supports HTML5 video There are still jurisdictional challenges, de Waal told DW. "But I am confident that there are many cases for which conviction is possible. It just requires getting the accused in court." Blumenthal agrees. "There are misconceptions around this and so many people think [starvation] is an inevitable part of war," she says. "But during our in-depth investigations, it's surprising how quickly it becomes clear that actually these patterns are very stark and in many situations, you can discern a deliberate strategy." Blumenthal is cautiously optimistic that one day soon those who deliberately starve civilians will face justice. "That is certainly the hope," she concludes. "That's what we are all working towards."
Times of Oman
15-03-2025
- Politics
- Times of Oman
Could Sudan be split into two countries?
Khartoum: The current month of Ramadan marks almost two years of fighting between the Sudanese Armed Forces, or SAF, and the paramilitary Rapid Support Forces, or RSF, and their respective allies. During Ramadan in April 2023, the commanders of the two forces fell out over how to integrate the RSF into the SAF. The ensuing brutal war over who should control the country has plunged Sudan into the world's biggest humanitarian and displacement crisis. Now, in addition to the dire humanitarian situation, hunger and famine, ongoing fighting and outbreaks of cholera, the war-battered country risks being split into two rival administrations. 'Grave concerns' The paramilitary Rapid Support Forces — which hold nearly all of Sudan's western Darfur region and parts of the south — recently signed a charter to establish a 'Government of Peace and Unity' in areas under their control. The United Nations Security Council has warned that 'such a move would risk exacerbating the ongoing conflict in Sudan, fragmenting the country, and worsening an already dire humanitarian situation.' This week, the African Union, a continental body that comprises 55 African countries, also condemned 'the announcement by the Rapid Support Forces and its affiliated political and social forces of the establishment of a parallel government in the Republic of Sudan, and warned that such action carries a huge risk of partitioning of the country.' The Sudanese Armed Forces, which control most of the country's north and east, and recently won back large swathes of the capital Khartoum and central Sudan, also unveiled a political roadmap 'for peace' in February. 'Each side hopes to position themselves [sic] as the 'legitimate power' in the country,' Leena Badri, from the International Security Program at the London-based think tank Chatham House, told DW. 'The SAF stated that any end to fighting will only happen once the paramilitary militia withdraws and gathers for disarmament while the RSF hopes to gain access to more formal weapons import through establishing a government,' she added. 'However, a real willingness to end the fighting and destruction on the ground has not been expressed.' Partition exacerbates the humanitarian situation Analysts and human rights activists are increasingly concerned about the ripple effects of a potential partition. 'Parallel administrations would draw Sudanese civilians even further away from the goals of peace, justice, and freedom and would cement the control of military men over Sudan's political future,' Shayna Lewis, a Sudan specialist and senior advisor at the US-based non-governmental group Preventing and Ending Mass Atrocities (PAEMA), told DW. 'We have already been seeing an unfriendly environment for humanitarian aid by the RSF and the SAF, with blockages and restrictions on unfettered humanitarian access remaining in place,' Mohamed Osman, a Sudan researcher at the US-based NGO Human Rights Watch, confirmed. 'The RSF-proposed government is not something we can expect to help or advance human rights or improve the humanitarian situation, given their own record throughout the war,' he told DW. For the 12.9 million Sudanese people forced to flee their homes, of which close to 9 million are internally displaced, the already dire situation risks getting even worse. The UN warned this week that in Sudan's western Darfur region, civilians in refugee camps were dying of hunger. Salah Adam, who is living in the Abu Shouk refugee camp in Darfur, said on Friday that 'conditions are very tough.' 'We have very little food left, and there is a water shortage,' he told DW. He said that there was no more medical care and that shelling by the RSF continued. 'We are so worried about our lives and the situation in Sudan but we have no power to change anything.' International influence Observers have repeatedly pointed out that the outcome of the conflict in Sudan depends largely on the respective international allies of the warring sides. The Sudanese Armed Forces under General Abdel-Fattah al-Burhan rely on political backing and military support from Egypt and Qatar. The UN estimates that there have been at least 40,000 deaths in the past two years.
Yahoo
15-03-2025
- Politics
- Yahoo
Could Sudan be split into two countries?
The current month of Ramadan marks almost two years of fighting between the Sudanese Armed Forces, or SAF, and the paramilitary Rapid Support Forces, or RSF, and their respective allies. During Ramadan in April 2023, the commanders of the two forces fell out over how to integrate the RSF into the SAF. The ensuing brutal war over who should control the country has plunged Sudan into the world's biggest humanitarian and displacement crisis. Now, in addition to the dire humanitarian situation, hunger and famine, ongoing fighting and outbreaks of cholera, the war-battered country risks being split into two rival administrations. The paramilitary Rapid Support Forces — which hold nearly all of Sudan's western Darfur region and parts of the south — recently signed a charter to establish a "Government of Peace and Unity" in areas under their control. The United Nations Security Council has warned that "such a move would risk exacerbating the ongoing conflict in Sudan, fragmenting the country, and worsening an already dire humanitarian situation." This week, the African Union, a continental body that comprises 55 African countries, also condemned "the announcement by the Rapid Support Forces and its affiliated political and social forces of the establishment of a parallel government in the Republic of Sudan, and warned that such action carries a huge risk of partitioning of the country." The Sudanese Armed Forces, which control most of the country's north and east, and recently won back large swathes of the capital Khartoum and central Sudan, also unveiled a political roadmap "for peace" in February. "Each side hopes to position themselves [sic] as the 'legitimate power' in the country," Leena Badri, from the International Security Program at the London-based think tank Chatham House, told DW. "The SAF stated that any end to fighting will only happen once the paramilitary militia withdraws and gathers for disarmament while the RSF hopes to gain access to more formal weapons import through establishing a government," she added. "However, a real willingness to end the fighting and destruction on the ground has not been expressed." Analysts and human rights activists are increasingly concerned about the ripple effects of a potential partition. "Parallel administrations would draw Sudanese civilians even further away from the goals of peace, justice, and freedom and would cement the control of military men over Sudan's political future," Shayna Lewis, a Sudan specialist and senior advisor at the US-based non-governmental group Preventing and Ending Mass Atrocities (PAEMA), told DW. "We have already been seeing an unfriendly environment for humanitarian aid by the RSF and the SAF, with blockages and restrictions on unfettered humanitarian access remaining in place," Mohamed Osman, a Sudan researcher at the US-based NGO Human Rights Watch, confirmed. "The RSF-proposed government is not something we can expect to help or advance human rights or improve the humanitarian situation, given their own record throughout the war," he told DW. 🆕#Sudan INGO Forum: Severe funding shortages have forced the closure of several community kitchens, even in areas facing kitchens are a lifeline for many. Urgent support is needed to tackle the worsening food crisis 👇🏾 — UN OCHA Sudan (@UNOCHA_Sudan) March 14, 2025 For the 12.9 million Sudanese people forced to flee their homes, of which close to 9 million are internally displaced, the already dire situation risks getting even worse. The UN warned this week that in Sudan's western Darfur region, civilians in refugee camps were dying of hunger. Salah Adam, who is living in the Abu Shouk refugee camp in Darfur, said on Friday that "conditions are very tough." "We have very little food left, and there is a water shortage," he told DW. He said that there was no more medical care and that shelling by the RSF continued. "We are so worried about our lives and the situation in Sudan but we have no power to change anything." Observers have repeatedly pointed out that the outcome of the conflict in Sudan depends largely on the respective international allies of the warring sides. The Sudanese Armed Forces under General Abdel-Fattah al-Burhan rely on political backing and military support from Egypt and Qatar. The Sudanese government accuses the Rapid Support Forces, which are headed by General Mohammed Dagalo, of receiving arms deliveries from the United Arab Emirates (UAE) via neighboring Chad. The UAE, however, denies the allegations even though human rights organizations have found evidence of UAE-produced arms being used in the conflict. Earlier this month, General al-Burhan filed a caseagainst the United Arab Emirates at the International Court of Justice (ICJ) in The Hague. "The United Arab Emirates fuels the rebellion and supports the militia that has committed the crime of genocide in West Darfur," the official submission to the court stated. A UAE official told the French news agency AFP that the case was "nothing more than a cynical publicity stunt aimed at diverting attention." The UN estimates that there have been at least 40,000 deaths in the past two years. Edited by: Anne Thomas
