The Legal Personality and Legal Status of Refugees and Internally Displaced Persons in Sudan
Legal Personality and Status of Refugees and Internally Displaced Persons in Sudan
Since the outbreak of war in Sudan in April 2023, which has affected vast areas of the country, a large number of civilians have been displaced and sought refuge within Sudan or in countries outside its borders as a result of military operations and their consequences. This situation has created a new legal framework for the legal status of civilians in terms of jurisdiction, status, and legal standing.
International human rights law and international humanitarian law, through international and regional conventions and treaties, customary international law, similar protection practices, and decisions of international and domestic courts, guarantee the protection of civilians during international and internal conflicts.
Civilians retain their full legal capacity and exercise the rights associated with it. The protection of civilians is an obligation for all, without any discrimination and under all circumstances, from the effects and consequences of military operations. This protection is regulated through international, regional, and local mechanisms. The civilian person concerned in this matter is any unarmed individual in an area experiencing armed conflict who, as a result, is directly or indirectly affected by the ongoing armed conflict in their place of permanent residence, leading them to leave their permanent residence for themselves and those under their legal responsibility, such as children, women, the elderly, and the sick, in order to protect their own life and the lives of those for whom they are responsible.
The process of moving from one’s permanent residence to another location falls into two categories. Some civilians flee from conflict zones to other areas within the country unaffected by the conflict; in this situation, they are referred to as internally displaced persons (IDPs) under international law. Others decide to move to another country; under international law, they are referred to as refugees. In both cases, they are known as civilians under international law. This situation, therefore, creates two categories of persons under international law: a civilian refugee, who has left their permanent residence and sought refuge in another country as a result of armed conflict in their area of permanent residence, along with those legally responsible for them; and a civilian internally displaced person (IDP), who has left their permanent residence and sought refuge in another area within their country of nationality due to armed conflict or any humanitarian crisis resulting from armed conflict, along with those legally responsible for them.
This legal definition is based on international law sources, including conventions, treaties, guidelines, customary international law, and decisions of international courts. Among the most important sources for refugees are the 1951 Refugee Convention and its 1967 Additional Protocol, and the 1969 African Union Regional Convention on Refugees. The legal basis for the status of IDPs rests on the 1998 International Guiding Principles on Internal Displacement, internationally known as the Deng Principles, and the 2009 African Union Convention on the Protection and Assistance of Internally Displaced Persons, also known as the Kampala Convention.
Civilians have numerous rights during war, enshrined in international humanitarian law, specifically the four Geneva Conventions of 1949, which govern the treatment of civilians and others during armed conflicts.
Among the most important of these rights is the right to compensation for civilians. This is a fundamental right and a customary international rule, specifically Rules 149, 150, and 151 of international humanitarian law. These rules, applicable to compensation in armed conflicts, obligate those responsible for violations to redress harm and provide civilians and victims with material, financial, and moral compensation. This compensation includes rebuilding homes, covering injuries, providing financial compensation for all damages, and restoring the situation to its pre-conflict state. Furthermore, compensation extends to expenses incurred by displaced persons or refugees during displacement, encompassing all costs including housing, sustenance, education, medical treatment, loss of livelihood and employment, and moral, ethical, and material damages. It also includes compensation for all direct and indirect damages caused by the armed conflict. Compensation is a legal right, not a grant bestowed by organizations, entities, or donor countries. It is claimed through the courts and established mechanisms. The plaintiff in a civil suit is the affected individual, acting on their own behalf and on behalf of those legally responsible for them, such as children, women, the sick, and the disabled, for any material or moral harm suffered by them or those for whom they are responsible. The party responsible for this harm is the individual, entity, or entities that participated in the armed conflict and committed the harmful act, and they bear the responsibility for compensation.
Claiming for compensation requires raising awareness and organizing victims. This is achieved through international, regional, and national courts and international mechanisms. It also requires a certain level of awareness and precise professional knowledge of the rules of jurisdiction, procedures, and the standards of proof and evidence, which we will address in a separate discussion.
And God is the source of all guidance.
Ahmed Mirghani Suleiman, Attorney at Law, Sudan