African Centre for Justice and Peace Studies ACJPS | المركز الافريقي لدراسات العدالة و السلام
(27 October 2020)African Centre for Justice and Peace Studies (ACJPS) expresses deep concern over the influx of Sudanese fighters (mercenaries) into Libya. In a report published by the Guardian, there are at least 3,000 Sudanese fighters now fighting in Libya. A report by the United Nations indicated that the fighters are fighting on both sides of the conflict with the Libyan National Army (LNA) led by General Khalifa Haftar and the internationally recognised government of National Accord in Tripoli.
According to a reliable source, some of these fighters are former rebels and militias who once fought in Darfur. Many are fighting in exchange for military weapons, land cruiser vehicles and cash. On September 30, 2020, Khartoum terrorist court headed by the first class judge, Mr. Almuaiz Awad Aljazuli sentenced Mr. Alsair Adam Ali Aldoum, to 20 years imprisonment and a fine of fifty thousand Sudanese pounds (approximately 9,000 US dollars) in addition to confiscation of his two land cruiser vehicles, three automatic Kalashnikov guns and 13000 Libyan Dinar. Mr Alsair who claims to be a member of the rebel group, Justice and Equality movement was found guilty of violating article 5 of Sudanese Anti-terrorism Act 2001 and article 9 of Sudanese Weapons and Ammunition Act of 1986.
According to his trial record, Mr Alsair confessed that he established a military movement in Libya in 2018. He was arrested after information reached the Sudanese military intelligence in Fujur area, North Darfur State following his return to Sudan. Mr Alsair was found with a document that contained an agreement between him and a one Mohamed Meftah Al, a Libyan national and a community leader of the Alwrfan Libyan tribe. In the agreement, Mr. Alsair who crossed the border to Libya through North Darfur agreed to supply Mr Mohamed Meftah Al with 1000 fighters under his command. In return, Mr. Alsair was to receive two land cruiser vehicles and three automatic machine guns, two cKalashnikovs and one J3.
This case was first filed on February 3, 2019 before the court of Darfur crimes, before being referred to the Khartoum terrorism court on July 8, 2019 after the Sudanese Chief Justice issued resolution (No 116/2019) that ended Darfur Court mandate and ordered referral of all its pending files to terrorism court.
Hearing of the case was adjourned several times due to COVID-19 lockdown until July 21, 2020.
In his testimony, Mr. Alsair stated that he commanded the Sudanese Liberation Movement until 2016. That he moved to Libya in March 2017 with 22 people after he failed to reach an agreement with the Sudanese government. He met with Mr.Muftah inside Libyan territory in a place called bin Walid.
Mr Alsair is just one of the hundreds of rebels that are suppling fighters to Libya. Early this year, a UN panel of experts said in a 376-page report to the Security Council that the presence of the Sudanese fighters in Libya has become more marked in 2019 and may lead to further instability. In June 2020, security forces arrested at least 122 people, including eight children, in the western Darfur region who intended to go and fight as mercenaries in Libya. Brigadier Genneral, Gamal Gomaa, a spokesman for the paramilitary Rapid Support Forces, said in a statement that 72 of the arrested people claimed to belong to the Sudanese Awakening Revolutionary Council, an armed group led by the former Janjaweed militia leader Musa Hilal.
On 3 October 2020, the Sudan transitional government signed a peace Agreement (Juba Agreement 2020) with the Sudan Revolutionary Front (SRF), a coalition of armed groups on 3 October 2020 to end fighting in Darfur and the other conflict areas of South Kordofan and the Blue Nile. Unfortunately, the Juba Peace Agreement 2020 did not address the issue of these fighters despite the fact that the rebel groups who signed the agreement have some troops in Libya. The role of these troops in Lybia should have been addressed before or during the negotiations especially since these fighters are acquiring military weapons and it is uncertain how they intend to use them when they return home. You cannot establish peace in Sudan and at the same time have troops act as mercenaries elsewhere.
ACJPS calls on Sudan to ensure that the issue of Sudanese mercenaries is addressed. Authorities must launch a disarmament campaign and embark on strong rehabilitation process for people from these conflict areas. Unemployment must be addressed to avoid people thinking the war is an option to make money.
We further call on authorities to enact strong law against mercenaries and fully implement it in collaboration with the government of Libya.
Background
Libya has been roiled by division and conflict, since the overthrow of former president, Muammar Gaddafi, in 2011. Supporters of the UN-recognized Government in Tripoli have been under siege for months, following an offensive by forces of the rival administration of the Libyan National Army, led by Commander Khalifa Haftar. Many Sudanese have flocked the country for fight as mercenaries on both sides of the conflict. Sudan does not have a law against mercenary but instead uses the anti-terrorism law and law against illegal gun possessions against mercenaries.
On 23 October 2020, the two warring sides signed an agreement at the United Nations in Geneva agreeing to a cease fire. The peace agreement called for frontline forces to return to their bases and for the withdrawal of all foreign forces and mercenaries within three months, a process that will be monitored by the United Nations.
