Complaint against Sudan's RSF filed in Kenya seeking justice for victims of war crimes

Legal Action Worldwide has filed the first war crimes complaint against Sudan's RSF  with Kenya’s Office of Director of Public Prosecutions (ODPP) in Nairobi, Kenya 

Speaking in Nairobi Antonia Mulvey, the organisation's Executive Director said this was arrived at after prolonged investigations and confessions from the victims citing that this marks the milestone for those who have suffered cruelly at the hands of Rapid Support Forces since the start of this war on 15 April 2023. 

The complaint was filed on behalf of 12 Sudanese victims, men and women who were tortured, raped, sexually enslaved, arbitrarily detained, and witnessed members of their family being killed in and around Khartoum. 

"The crimes took place in and around Khartoum. Both men and women have reported to us harrowing accounts of how Rapid Support Forces used sexual violence to punish and humiliate more than one woman who was subjected to sexual slavery," Mulvey stated 

Adding that, "The persons of interest are senior and mid-level Rapid Support Force commanders, many of whom grew freely in and out of Kenya and have reportedly citizenship, political and financial ties to Kenya,"

The organisation says the complainants are asking that their evidence is examined by a competent legal authority and if the evidence supports it, that those responsible are held accountable. 

The complainants are represented by Willis Otienen and Dr. Owiso Ogolo and company advocates.

Lawyer Willis Otieno argues that the International Crimes Act is part of the laws of Kenya and that there are different mechanisms and platforms, that are conducting investigations that have come up with reports, including national bodies, on some of these atrocities. 

"If Kenya, as part of that body of nations, finds it sufficient that there is enough evidence to prosecute any named person, then the Kenyan state, as part of the committee of nations, has a responsibility to do it," he explained 

Adding, "The crimes that are being committed in Sudan, it's being done in public. Everybody can see it. It's not a secret mission that is taking place. It's done in full glare of the world media, full glare of the committee of nations. 

Legal Action Worldwide argues that for Kenya, despite the sensitivity of the matter, it is an opportunity to lead in the fight against impunity. 

"Authorities can now demonstrate their strong national, investigative, prosecutorial and judicial authorities that can play a role in addressing the most serious international crimes wherever they are committed, and do so even when such crimes are committed beyond Kenya's borders," the Executive Director stated 

Pointing out, "In a world where attacks against international law multiply amid growing impunity, this would be an exemplary and much-needed stance,"

The organisation claims Sudan's justice system is inaccessible, unavailable, and ineffective at this time, and the International Criminal Court, whose jurisdiction is limited to Darfur, does not investigate crimes around or in Khartoum. 

"The decision now rests with Kenya's DPP, who will determine whether to direct the opening of an investigation and to subsequently prosecute. Today, survivors are the ones that are insisting upon it, and Kenyans have stated that their country should not be a safe haven for war criminals,"