Renewing the Fact-Finding Mission's Mandate.. Will Evidence Pave the Way for Justice and Redress for Victims? -(1)

"International resolutions are insufficient to provide redress for war victims unless they translate into commitments that protect the truth from being lost, preserve evidence from vanishing, and pave the way for accountability and reparations. Justice is not merely acknowledging violations; it is a responsibility that requires uncovering the truth, identifying those responsible, and ensuring that victims' rights are not lost amidst the ongoing war, political complexities, and the limitations of the international response." On October 5, 2026, the UN Human Rights Council adopted a resolution to extend the mandate of the Independent International Fact-Finding Mission for Sudan for an additional year, with 28 countries in favor, 10 against, and 9 abstentions. The decision came as the war continues, accompanied by grave violations of international humanitarian law and international human rights law, emphasizing the need to protect civilians, cease hostilities, and ensure unhindered humanitarian access to populations facing hunger, deprivation, and deteriorating humanitarian conditions in conflict zones across Sudan. However, the significance of the decision goes beyond merely extending the mission's mandate; it puts the seriousness of the international commitment to victims' rights to a real test: "Are the political will, resources, and practical guarantees in place to enable the mission to uncover the truth, preserve evidence, and establish accountability in a way that enhances prospects for justice, redress, and reparations?" The importance of this test is reflected in what the continuation of the investigation means for war victims in Sudan. Renewing the mission's mandate is not just a UN procedure related to a timeline or institutional arrangements; it is linked to fundamental rights that should not be subject to the balances of political or military power. Victims who have lost their security, homes, and livelihoods, and have been subjected to multiple forms of violations, are not satisfied with mere acknowledgment of their suffering. Instead, they look forward to an independent path to justice that reveals what happened, establishes responsibilities, and safeguards their rights to redress, accountability, and reparation. Hence, the necessity of continuing the international investigation arises to protect the truth from being suppressed and to prevent violations from becoming mere facts kept in collective memory, while those responsible remain beyond legal accountability. In this context, Human Rights Watch welcomed the renewal of the mission's mandate and the broad international support for continuing its work, but it criticized the failure to take sufficient steps to strengthen its capacity to preserve evidence and prepare it for use in future prosecutions. These observations reveal a challenge regarding the potential gap between the magnitude of the responsibilities placed on the mission and the resources available for their implementation, especially given the scope of violations and the complexity of investigations. International support does not gain its full value unless it is coupled with practical commitments and sufficient resources that enable the mission to perform its duties efficiently and independently. This support is increasingly important given that collecting, documenting, verifying, and preserving evidence has been an integral part of the mission's mandate since its inception in October 2023, along with identifying those potentially responsible for violations based on available evidence. Therefore, providing resources and specialized expertise does not mean expanding the mission's competencies, but rather enabling it to perform its existing responsibilities in accordance with legal and professional standards, thereby enhancing the chances of using the results of its investigations in paths of justice and accountability. The renewal decision was preceded by demands from dozens of Sudanese civil society organizations to extend the mission's mandate for two years and provide the necessary financial, technical, and logistical support to continue its investigations. Last August, these organizations called for strengthening the mission's capabilities and addressing the challenges facing its work to enable it to conduct urgent investigations into the violations committed. These demands reflect the importance of providing the necessary time and resources for accurate and independent investigations. The real standard for the effectiveness of an investigation is not the number of testimonies it collects or the reports it issues, but the accuracy of its findings, the reliability of its evidence, and the extent to which it can be relied upon in accountability procedures. As violations continue, the urgency of collecting, verifying, and preserving evidence grows to prevent it from being lost, damaged, or becoming inaccessible. The importance of accurate documentation is also highlighted in light of the massive flow of photos, videos, and testimonies through media and digital platforms. Although these materials play a role in revealing violations and shedding light on civilian suffering, their spread does not necessarily grant them legal validity. Relying on them in accountability procedures requires verifying their sources, timings, locations, and integrity against tampering, and comparing them with independent information and testimonies to enhance their reliability. There is a fundamental difference between documenting violations for public opinion and proving them according to legal standards that allow for the determination of responsibilities and the prosecution of perpetrators. The importance of evidence does not stop at the limits of criminal accountability but extends to supporting victims' rights to remedy and reparation. For the first time, the resolution to renew the mission's mandate included an explicit reference to the importance of preserving evidence for accountability purposes, including future remedies and reparations. This addition is of particular importance in Sudan, where the war has caused widespread damage affecting the lives, security, property, and livelihoods of millions of civilians. It strengthens the link between documenting violations and the rights of those affected, allowing for the use of evidence to determine the nature and impact of damages and to support legal claims for reparation. Thus, preserving evidence can form the basis for two complementary paths to justice: the first being the accountability of those responsible for violations, and the second enabling victims to claim compensation, restoration of rights, rehabilitation, and guarantees of non-recurrence. However, this acknowledgment requires the development of independent and effective legal and institutional paths for reparation, as well as the provision of resources and the necessary guarantees to enable those affected to access justice and obtain redress. Reparation is not a gift provided to victims but an inherent right. Justice is not complete with the accountability of those responsible for violations alone unless such accountability is coupled with measures that address their consequences, restore the dignity of those affected, and uphold their honor. Victims' rights to justice and reparation are inseparable from the need to provide effective protection for them and for witnesses who provide testimonies or evidence regarding violations. These individuals are not just sources of information but rights-holders to dignity, privacy, safety, and protection from threats and retaliation. Justice cannot be served if participating in uncovering the truth becomes a cause for exposing them to new dangers. The responsibility for protection extends to Sudanese civil society organizations, human rights initiatives, journalists, and human rights defenders who contribute to documenting violations despite security and field challenges. Their expertise, knowledge of local contexts, and ability to access information and testimonies represent an important contribution to independent investigation efforts. In the framework of enhancing the effectiveness of these efforts, the renewal resolution emphasized the importance of cooperation and integration between accountability mechanisms, including independent national efforts and regional investigations, particularly the Joint Fact-Finding Mission of the African Commission on Human and Peoples' Rights. This approach provides opportunities for coordinating work, exchanging expertise, and enhancing the use of investigation results. The resolution also stipulated continued UN monitoring through briefings and reports submitted to the Human Rights Council and the General Assembly, and providing opportunities for civil society to participate in some dialogue sessions, which supports the continuity of international oversight and enhances the chances of employing investigation results in paths of accountability and providing redress for victims. Mohammed Abdullah Ibrahim, mohammedabdalluh2000@gmail.com. We continue...