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Re: مباحثات غير رسمية بين الحكومة السودانية و (Re: زهير عثمان حمد)
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December 7, 2015 H.E. Mr. Ban Ki-Moon Secretary General of the United Nations New York, NY 10017 President Barack ObamaThe White House1600 Pennsylvania Avenue NWWashington, DC 20500 RE: Unhindered Assistance from Multiple Locations for the Two Areas and throughout Sudan Your Excellency and Mr. President,In light of the impasse at the 10th round of peace talks in Addis Ababa between the government of Sudan and the SPLM-N, we believe it is critical to recognize that it is a violation of international law to block humanitarian aid to innocent civilians living in conflict zones. Therefore, no party to the conflict should prevent the international community from providing humanitarian aid to the people affected by conflict in the Nuba Mountains/South Kordofan and the Blue Nile states, commonly referred to as the Two Areas, of Sudan, or any other area within Sudan.According to multiple UN General Assembly Resolutions, UNOCHA, and the ICRC, humanitarian actions are founded on four guiding principles: humanity, neutrality, impartiality and independence. These principles provide the foundation to establishing and maintaining access to affected people in a complex emergency such as armed conflict. If humanitarian assistance relief actions do not follow these principles then the entire operation puts the victims of conflict at risk and humanitarian assistance can become a weapon in furtherance of armed conflict.Since June 2011, the Government of Sudan has persisted in an aerial campaign to bomb the people and villages of the Two Areas, with attacks consistently having no military objective. Recent reports indicate the government is preparing for renewed fighting in the Two Areas with the delivery of new military equipment and reinforcements and the announcement by the Defence Minister to Parliament that the Two Areas “will be liberated through a massive military operation”.Aerial bombardment has terrorized the civilian population, killed, maimed and injured thousands, displaced over a million people, and intentionally destroyed crops, the primary food source for the civilian population. At the same time, the Government of Sudan has effectively refused to allow humanitarian assistance into the Two Areas, often putting forward conditions that make providing humanitarian assistance impossible.Article 7 of the Rome Statute, the founding legal statute of the International Criminal Court (ICC), sets forth crimes against humanity as including inhumane acts of intentionally causing great suffering, or serious injury to body or to mental or physical health. Further, other international criminal tribunals have rendered convictions based on similar principles. In its judgement of [Radislav, RD] Krstić, the International Criminal Tribunal of the Former Yugoslavia (ICTY) found that the blocking of aid convoys was part of the “creation of a humanitarian crisis,” which, combined with crimes of terror and forcible transfers, incurred individual responsibility for inhumane acts and persecution as crimes against humanity. The International Committee of the Red Cross has also interpreted the Geneva Conventions and their protocols to prohibit states from unwarranted refusal of humanitarian access and assistance in conflict zones.Specific to Sudan, UN Security Council Resolution 2046 strongly urges the parties to comply with international humanitarian law and the guiding principles of emergency humanitarian assistance for safe, unhindered and immediate access of the United Nations and other humanitarian personnel to deliver equipment and supplies and to assist conflict-affected civilian populations. The African Union Peace and Security Council has repeatedly urged the parties to respect human rights and International Humanitarian Law and to allow humanitarian assistance to reach those in need.During the peace talks in Addis Ababa, the government of Sudan indicated that it would allow cross line humanitarian assistance to be provided from government-controlled areas, meaning that the government would be involved or would be perceived to be involved in the delivery of humanitarian assistance to the same people it is violently targeting, a clear violation of the principles of humanity, neutrality, impartiality and independence the people of the Two Areas have a right to enjoy.For obvious reasons, the people of the Two Areas do not trust the government of Sudan, and many parts of the population may well refuse to accept assistance that emanates from government-controlled areas. This will make assistance coming solely from government controlled areas ineffective and will undermine the very result that the international community is hoping to create.We urge the United States, the United Nations, and other interested parties to stop the ongoing crimes against humanity in the Two Areas and throughout Sudan by upholding international humanitarian law that ensures the unhindered delivery of assistance from multiple locations by the international community so that the people of Sudan can receive the life giving assistance that they so sorely need.Sincerely, Blue Nile Association for Peace and Development USACommission for Protection of Civilians and Human Rights - Blue Nile, SudanFunj Youth Development Association ( FYDA) - Blue Nile, SudanSudan’s Peace and Development Centre - Blue Nile, SudanNational Human Rights Monitors Organization - South Kordofan/ Nuba Mountains, SudanNuba Christian Family MissionNuba Mountains Advocacy Group USANuba Mountains Centre for Strategic Planning and Dialogue - LondonNuba Mountains Civil Society Organisation Alliance - SudanNuba Mountains Civil Society Organization Union - USA and UKNuba Mountains International Association – Australia, Canada, USA, EgyptNuba Mountains People's Foundation - UKNuba Mountains People's Media AbroadNuba Mountains Solidarity Abroad (NMSA) - UK and IrelandNuba Mountains Union of Associations and Organizations - AfricaNuba Moutains International Association - LebanonNuba Now - UKNuba Vision Coalition, Inc.Civil Society Initiative - Signatory to Sudan Call AllianceSudanese Solidarity Committee - KhartoumACAVIE (Asociación) - SpainArab Organizations Coalition for Sudan ( ACS) - Cairo, EgyptAssociation du RIF pour développement - FranceCollectif Urgence Darfour – Paris, FranceDarfur Association in UgandaDarfur Relief and Documentation Centre - GenevaDarfur Solidarity Group - South AfricaDarfur Union in the UK and N. IrelandEast and Horn of Africa Human Rights Defenders Project - UgandaHuman Rights Organization and Development (HUDO) - UgandaInternational Refugee Rights Initiative - UgandaJerusalem Center for Genocide PreventionPAX for Peace – The NetherlandsPeople4Sudan - GenevaSociety for Threatened Peoples - GermanySudan Democracy First Group (SDFG) - UgandaWaging Peace - LondonAct for SudanHumanity UnitedUnited to End GenocideAfrican Freedom CoalitionAfrican Soul, American HeartAmerican Friends of the Episcopal Church of South Sudan and Sudan (AFRECS)Beja Organization for Human Rights and DevelopmentBrooklyn Coalition for Darfur and Marginalized SudanCarl Wilkens FellowshipCatalyst Schools ProjectsChristian Solidarity International - USAColorado Coalition for Genocide Awareness and ActionColorado Episcopal FoundationDarfur Action Group of South CarolinaDarfur and BeyondDarfur Interfaith NetworkDarfur Peoples' Association of New YorkDarfur Women Action GroupGenocide No More - Save DarfurGenocide WatchGeorgia Coalition to Prevent GenocideHuman Rights and Advocacy Network for Democracy (HAND)Idaho Darfur CoalitionInternational Justice ProjectInvestors Against GenocideJews Against GenocideJoining Our VoicesLong Island Darfur Action GroupMassachusetts Coalition to Save DarfurMercy Beyond BordersNever Again CoalitionNew York Coalition for SudanNorthwest Bronx for ChangeNubia ProjectOperation Broken SilenceOur Humanity in the BalancePittsburgh Darfur Emergency CoalitionProject Expedite JusticeSan Francisco Bay Area Darfur CoalitionSociety for Threatened PeoplesStop Genocide NowSudan Advocacy Action ForumSudan Human Rights NetworkSudan UnlimitedSudanese Marginalized Forum-USAThe African Services Coalition of South CarolinaThe Elsa-Gopa TrustThe Institute on Religion and DemocracyUnite for Darfur Org.United Sudanese and South Sudanese Communities AssociationUse Your Voice to Stop Genocide RIVoices for SudanAbdelrahman Mohamed Gasim, External Relations Secretary, Darfur Bar Association, SudanAhmed H. Adam, Visiting Fellow, Institute for African Development (IAD), Cornell UniversityDr Albaqir A. Mukhtar, Director El Khatim Adlan Center for Enlightenment and Human Development (KACE), Khartoum, SudanAndrew Natsios, Former US Special Envoy to Sudan, George H.W. Bush School of Government and Public Service, Texas AandM UniversityBaroness (Caroline) Cox, House of Lords and CEO, HARTDr Amin Mekki Medani, Human Rights Lawyer, Former Special Representative for the United Nations for Gaza, Bosnia and LebanonDr Gregory Stanton, Founding President, Genocide Watch, Research Professor in Genocide Studies and Prevention, George Mason UniversityDr. Pascale Hatcher, Associate Professor, Faculty of International Relations, Ritsumeikan University, JapanDr. Samuel Totten, Professor Emeritus, University of Arkansas, FayettevilleDr Ellen J. Kennedy, Executive Director World Without Genocide, William Mitchell College of LawEric Reeves, Sudan ResearcherGill Lusk, Journalist specializing in the Sudans, London, UKDr Hamid E. Ali, Associate Professor of Public Policy, The American University in CairoHelen Fein, Board Chair, Institute for the Study of GenocideHenry C. Theriault, Professor and Chair of Philosophy, Worchester State University, Co-Editor, Genocide Studies InternationalJohn Weiss, Associate Professor of History, Cornell UniversityCaceres-Neuffer Genocide Action GroupKhalid Kodi, Adjunct Professor, Boston College and Brown UniversityLord Alton of Liverpool, Member of the All Party British Parliamentary Group on Sudan, Professor of Citzenship, Liverpool John Moores UniversityMukesh Kapila CBE, Former Head of the UN in Sudan, Professor of Global Health and Humanitarian Affairs, University of ManchesterThe Reverend Ronald D. Culmer, St. Clare's Episcopal Church, Victoria Sanford, PhD, Professor and Chair, Department of Anthropology, Lehman College, Director, Center for Human Rights and Peace Studies, Doctoral Faculty, The Graduate Center, City University of New YorkWendy James, Emeritus Professor of Social Anthropology, Oxford University
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