Consultant to Conduct Research on Operationalizing a Special Tribunal/ Alternative Pathways Towards Justice and Accountability in Sudan 

Location	Remote (with potential for in person engagements)
Timeline	30 days over 8 weeks

ORGANIZATIONAL BACKGROUND

The Strategic Initiative for Women in the Horn of Africa (SIHA) is a civil society coalition bringing together grassroots women’s rights organizations from Sudan, South Sudan, Somalia, Somaliland, Djibouti, Ethiopia, Eritrea, Kenya, and Uganda. Established in 1995, SIHA aims to strengthen the capacity of women’s rights organizations in the Horn of Africa, contributing to the empowerment of women and advocating for effective change. SIHA operates as a regional platform for mobilizing activists, vulnerable groups, and marginalized women, men, and girls to challenge the root causes of problems faced by women and girls in the Horn of Africa Region. More information about SIHA is available at www.sihanet.org  

BACKGROUND OF THE CONSULTANCY 

From the onset of the conflict in Sudan in April 2023, to current date, a mass of devastation has been caused by the Rapid Support Forces (RSF), the Sudanese Armed Forces (SAF) and their allied militia. This has been evident in the gross number of civilian casualties, human rights violations and the destruction of critical infrastructure such as hospitals, schools and internally displaced person (IDP) camps. Currently, some sources report that there have been approximately 150,000 deaths as a result of the war though this number could be much higher. Additionally, over 13 million people are currently displaced. In the course of our work, the SIHA Network has also documented ongoing genocide, war crimes and crimes against humanity, with rampant cases of conflict related sexual violence (CRSV) and the enforced disappearance of women and girls. As SAF moves to reclaim previous RSF occupied territories, this has commenced a large campaign of unlawful arrests and charges of women in the area who are accused of collaborating the RSF, targeted on the basis of their ethnicity and often of low socio-economic standing.   

In Darfur particularly, the cycles of ethnic-driven violence and impunity continue. This is due to the evident delays in securing justice and accountability for the crimes committed as far as 2003. At present, despite the issuance of warrants of arrest by the International Criminal Court (ICC), former President Omar Al Bashir, Ahmed Haroun (former Minister of Humanitarian Affairs and Abdulraheem Mohammed Hussein (former Minister of Defense) remain in Sudanese custody. Judicial process before the ICC with respect to these individuals will not be able to proceed until they are transferred into the custody of the ICC. While Sudan’s previous administration withheld cooperation with the ICC regarding these transfers, the transitional government was making steps to do so until the military coup took place in 2021. There has since been no progress made and any further steps are inhibited by the present conflict. The only individual who currently has an ongoing trial before the ICC is Ali Kosheib, who is believed to have been the principal leader of the Janjaweed militia in West Darfur. He voluntarily surrendered himself to ICC custody from the Central African Republic (CAR) in 2020, however, trial proceedings remain ongoing. Warrants of arrest were also issued against rebel leaders Abdallah Banda Abakaer, Saleh Mohammed Jerbo Jamus and Bahar Idriss Abu Garda. Currently Abakaer remains at large, Jamus has since died and ICC Judges later dropped the existing charged against Garda. Layering on the atrocities committed in this present conflict, the path to sustainable peace in Sudan remains murky until a clear path in ensuring justice and accountability is established once and for all. This is further hampered by the fact that the ICC’s jurisdiction is solely limited to Darfur.  

 In light of this, the purpose of this research is to critically explore all paths towards a more robust means of holding perpetrators of atrocity crimes accountable in the country. This will include exploring the current status of the ICC and the possibility of extending its jurisdiction to apply across Sudan as a whole. This paper will also look at the possibility of establishing a special tribunal for the country looking at practical case studies of special mechanisms in CAR and Sierra Leone as potential models of justice. In looking at this, this paper will examine the feasibility of this noting the all-round financial constraints in the current funding landscape due to the recent stance of the US and the current sanctions it has applied against the ICC. It will also look at the existing political will in establishing another justice mechanism in Sudan, noting the existence of the ICC and trace the practical steps around what would be required for the establishment of an alternative justice mechanism for the country. Finally, the research will also examine possible alternative or traditional paths in holding perpetrators accountable, in looking at the example of the gacaca courts in Rwanda, truth commissions and/or reparations as the case may be.  

Ultimately, the goal of this research is to outline a concrete and reinvigorated path in holding the perpetrators of atrocity crimes accountable in Sudan, through a survivor centric approach, centering justice for the violence faced by women and children. It will specifically target the Sudanese Government, the United Nations, the African Union, the ICC, donors, Sudanese legal professionals, transitional justice practitioners, representatives of survivor groups and the broader international community with actionable recommendations on the options that are most feasible and how they can be most effectively operationalized to advance justice and accountable against the perpetrators of atrocity crimes in Sudan. 

OBJECTIVES OF THE CONSULTANCY

This consultancy aims to produce a policy brief which traces the most feasible path in holding the perpetrators of atrocity crimes accountable in Sudan. In doing so, it will explore the possibility of extending the ICC’s jurisdiction to extend beyond Darfur, applicable country wide. It will then look at the feasibility of establishing a specialized tribunal for Sudan, modelled off the examples of the specialized courts in CAR and Sierra Leone, in light of the current funding landscape and existing political will. In doing so, the brief will outline the practical steps towards its operationalization, centering justice for the violence faced by women and children. Finally, the brief will also consider alternative or traditional forms of justice existing in Sudan which could be likened to the gacaca courts, truth commissions and/or reparations in holding perpetrators accountable.   

Tracing these three possible paths towards justice and accountability, the paper will then put forward a value judgement on the best avenue to pursue, providing actionable recommendations on the most practical route to take forward in advancing justice and accountability in Sudan and how it can be operationalized in advocating for justice for the violence committed against women and girls among other atrocity crimes.  

SCOPE OF WORK:

• Conduct comprehensive research on the current environment in Sudan with respect to justice and accountability including the country’s existing legal and institutional framework and the extent of atrocity crimes committed against the Sudanese people. 

• Explore the viability of improving how the ICC can be harnessed in delivering timely justice and in extending its jurisdiction to cover the whole country as opposed to solely Darfur. 

• Examine the feasibility of establishing a special tribunal likened to the special courts in CAR and Sierra Leone in the midst of the current funding environment and existing political will. In doing so, this paper will delve into the practical steps that will be required to operationalize such a model (with considerations on jurisdiction, legal basis, location, prosecutorial strategy etc), in a survivor-centric and gender responsive manner. 

• Consider alternative and traditional forms of justice existing in Sudan which can assist in holding perpetrators accountable comparable to the gacaca courts in Rwanda, truth commissions and/or reparations as the case maybe. 

• In weighting these avenues of justice, put forward a value judgment on the best avenue to pursue, providing actionable recommendations on the most practical route to take forward in advancing gender responsive justice and accountability in Sudan and how it can be operationalized, centering justice for the violence faced by women and children. 

• These recommendations shall specifically target the Sudanese Government, the United Nations, the African Union, the ICC, donors, Sudanese legal professionals, transitional justice practitioners, representatives of survivor groups and the broader international community.

METHODOLOGY

The methodology for this study will adopt a hybrid approach, combining qualitative techniques such as in-depth interviews and focus group discussions with quantitative data analysis in the form of a desk review of current and varied data sources. In addition to interviewing key stakeholders within the Sudanese Government, the United Nations, the African Union, the ICC, donors, Sudanese legal professionals and transitional justice practitioners, the broader international community will be incorporated. The voices of survivors within local communities, their representatives and grassroot women rights organization will also be prioritized to ensure a participatory, gender responsive and survivor centric approach, informing the research process. This must capture their views and perceptions around justice, accountability, and peace. This is in addition to other creative data collection techniques the consultant may decide to employ, enhancing the relevance and depth of the research. The consultant will also be expected to engage with SIHA’s documentation efforts of the current atrocity crimes which have been committed and the organization’s analysis of gender discriminatory laws and policies to ensure survivor-centered recommendations.  

Intersectional analysis will be applied to recognize the diverse identities and vulnerabilities of women and girls affected by exasperated instability and conflict in Sudan, considering factors like age, ethnicity, socio-economic status, and disability. Ethical considerations will guide the research process, ensuring informed consent, confidentiality, and prioritization of respondents’ well-being. Additionally, capacity building initiatives will involve training local researchers and enumerators to enhance research quality and sustainability within the community. Triangulation of data and stakeholder engagement with key actors will further validate findings and ensure transparency and accountability throughout the study. Ultimately, this research must be underpinned by a feminist approach to ethics, justice, accountability and peace. 

DELIVERABLES 

Activity	Deliverable	Due Date
Conduct desk research detailing the research methodology, including the approach to remote data collection, data analysis techniques, and plans for community engagement and stakeholder involvement, including a timeline.	An inception report & meeting which will serve as a roadmap for the research process, outlining the steps to be taken.	One week from contract signing.
Conduct study, including key informants and focus group discussions with stakeholders to gather and document evidence.	A draft report document of 25 to 30 pages (excluding annexes and data samples) outlining the findings and analysis of the research. The report should present key insights, trends, and recommendations derived from the research process.	3 weeks from inception meeting date.
Meeting with SIHA team and country coordinators to disseminate findings in draft report and receive feedback.	Power point presentation.	Week 6
Drafting of final report incorporating any feedback & policy briefs	Final draft of report.  policy/research brief	Week 8
Presentation of findings to Stakeholders	Power point presentation	Subject to availability of Stakeholders, ideally within a week from submission of final report

BUDGET 

The budget range is from $5,000 – $7,000 USD, depending on the researcher’s experience level and whether travel expenses are involved. This range accounts for variations in expertise and potential travel costs. The budget will cover research expenses, data collection, analysis, report writing, and any other relevant costs incurred during the study period.  

KEY COMPETENCES AND QUALIFICATIONS

• Advanced degree in international law, human rights, transitional justice, or a related field. 
• At least 7–10 years of experience working on access to justice, transitional justice, or international criminal law. 
• Demonstrated experience conducting political and legal analysis in conflict-affected contexts. 
• Ability to conduct gender-sensitive analysis and intersectional assessments, considering factors such as age, ethnicity, socio-economic status, and disability. The candidate should be adept at integrating a gender perspective into research design, data collection, and analysis to uncover gender disparities and vulnerabilities. 
• Understanding of the Sudanese legal and political landscape and/or prior work on Sudan preferred. 
• Strong research, writing, and stakeholder engagement skills. 
• Commitment to feminist and survivor-centered approaches. 

SELECTION CRITERIA  

Interested applicants should submit a technical proposal that combines the requested documents below. Documents that exceed the page limit requirements listed below will not be reviewed.  

1. CV(s) of no more than three pages. Firms should submit CVs for all key personnel included in the proposal. CVs should demonstrate previous experience conducting similar research. (30 Points) 
2. A 4-5 page research proposal outlining the consultant/firm’s proposed methodology for the assessment, data collection methodology, and how their experience satisfies the requirements of the TOR. (30 Points) 
3. A financial budget which details total expenditure for the duration of research (20 Points) 
4. Up to ten pages total of relevant previous work. Samples of relevant work include previous assessments, survey analyses, and data analysis presentations. Samples should clearly indicate the applicant’s role in designing, delivering, and drafting the product. (20 Points) 
5. Knowledge and Experience of International Justice and Accountability, Atrocity Crimes, Transitional Justice, Gender, Human Rights Sensitive Approaches and Women’s Rights. (10 Points) 
6. Proficiency in written and spoken English. Fluency in any language spoken in the Greater Horn of Africa region will be an added advantage.  

Incomplete applications and applications that do not meet the requirements will not be considered. Short-listed applicants may be invited for an interview at SIHA’s discretion.  

APPLICATION 

Interested individual consultants or consultancy firms should submit their application packet by close of business on Monday, June 30, 2025; at 5 PM EAT to this link here