Land and Legality in the Darfur Conflict

Abstract

Land rights in Darfur act as a principal protagonist to the cause and maintenance of the ongoing armed conflict. The internal functioning and interaction of statutory, customary, and Islamic legal regimes regarding land have facilitated significant aspects of the war, and their reform will be fundamental to any effective peace process. This article describes the role of these legalities in the conflict. Subsequent to a description of the legal environment, the article examines the legal crisis regarding land rights, focusing on six aspects: the repercussions of a single law, the exclusionary customary system, Islamic law, profound confusion over concepts and terms, institutional disarray, and the peace accords.