COMMON ANALYSIS
Last update: June 2025
As of October 2024, due to the ongoing conflict, the rule of law was reported to have collapsed in Sudan and both warring parties have been urged to restore law and order. The police force has been disrupted, and police offices have been attacked by the RSF which damaged buildings, devices and equipment. Reportedly, government institutions and law enforcement have faced significant operational constraints due to the ongoing conflict, with most IDP camps having no functioning police force. Prisons across multiple states were seized by the RSF, leading to the release of numerous prisoners, some of whom joined military operations, while others engaged in criminal activities.
Despite its institutional independence, the judiciary is largely controlled by the executive. Lawyers are targeted and face restrictions in the exercise of the profession (see 3.5. Community leaders, human rights activists, and lawyers). The ongoing conflict has significantly affected the judicial infrastructure, including through systematic attacks on institutional buildings by the RSF. There have been reports of extrajudicial killings, arbitrary detentions, enforced disappearances, and torture committed by both warring parties. Despite efforts in the past, Sudan’s legal system continued to lack the necessary monitoring mechanisms and to provide access to justice for victims of human rights violations. Domestic law did not explicitly criminalise enforced disappearances as offences. It was reported that authorities have often failed to investigate torture allegations or provided effective remedies and reparations to victims. Furthermore, the 2007 Armed Forces Act, 2008 Police Act, and 2010 National Security Act granted immunities to state actors, limiting accountability for such practices.
Sudan lacks effective provisions for prosecuting sexual and gender-based violence. Reportedly, perpetrators of widespread crimes against women and girls, including during armed conflicts, have generally enjoyed impunity. Furthermore, victims of rape and sexual violence face obstacles in reporting crimes due to fear of stigma and of prosecution for adultery, the reported police reluctance to investigate and lack of trust in the ability and willingness of the domestic system to deliver justice. In additions, concerns over the legal procedures required to prove rape, in particular the mandatory use of a medical report form which has become unavailable in many health facilities or police stations, were also reported (see 3.9.1. Violence against women and girls).