War Crimes

We’ve rightly been focused on the Boumediene decision for the last few days, but the good people at the Enough Project were before the UN Security Council today. Co-Chair John Prendergast’s testimony is here. In a column Prendergast wrote on Huffington Post, he emphasized the continuing spillover of the Darfur conflict into neighboring Chad. In this case, the spillover was allegedly due to the Sudanese military.

In a declaration drawn up two weeks ago, the Security Council called on Sudan to turn over suspects to the ICC, and threatened to sanction Sudanese who do not cooperate.

The ICC’s first trial, against Congolese warlord Thomas Lubanga Dyilo, will be delayed.

Lubanga, a leader of the Union of Congolese Patriots, is accused of command responsibility for hundreds of civilian deaths and the large-scale recruitment or impression into service of child soldiers. Critical case documents are available here, though the judges’ written explanation of their decision to delay the trial will probably not be issued until next week.

On the heels of the International Criminal Court Chief Prosecutor’s report released earlier this week, which implicated the Sudanese government in the ongoing genocide in Darfur, a coalition of human rights groups released this video fleshing out the charges against Harun and Kushayb with testimony from victims and calling on the UN Security Council to push Sudan to cooperate with the ICC.

The Associated Press reports that International Criminal Court Chief Prosecutor Luis Moreno-Ocampo issued a new report today to the UN Security Council describing evidence that high officials in the Sudanese government are directly linked to the ongoing genocide in Darfur. The report said a pre-trial hearing would be held next month.

Evidence of Sudanese government involvement in the genocide comes as little surprise, since one of the two men indicted by the ICC for crimes in Darfur - Ahmad Harun - continues to serve as Minister of State for Humanitarian Affairs, and the other - Ali Kushayb - was recently released from Sudanese prison. However, Moreno-Ocampo’s report, encompassing testimony from more than 100 witnesses from 18 countries, could replace the Cassesse commission report as the most exhaustive, conclusive record of the atrocities perpetrated in Darfur, and serious charges against “the highest officials of the [Sudanese] government,” as AP suggests the report may recommend, would materially ratchet up the pressure on the Sudaneese government to end its cooperation with the janjaweed.

The three remaining Presidential candidates in the two major parties - Senators Barack Obama, Hillary Clinton, and John McCain - issued a highly unusual joint declaration today on Darfur. In a statement coordinated by the activist group Save Darfur, the candidates said they “stand united” on Darfur, repeatedly condemned the Sudanese government’s failure to take steps towards peace, and affirmed that the next U.S. President will pursue peace and human security in the region with “unstinting resolve.” According to the Pittsburgh Darfur Emergency Coalition and political scientist Larry Sabato of the University of Virginia, it is the first joint statement on foreign policy by Presidential candidates since World War Two.

Secretary-General Ban Ki Moon spoke on Darfur today, arguing that the joint UN/African Union peacekeeping mission is seriously hampered by a variety of logistical problems.

In Sudan, rebels reached Omdurman, a suburb of Khartoum, this weekend. AP reports 200 people died in the attack. Sudan blames Chad, and has cut diplomatic ties.

The rebel movement may have been retaliating for the recent airstrikesby the Sudanese government, which rebels claim targeted civilian gathering places in North Darfur.

Sunday marked the two year anniversary since the International Criminal Court issued its first arrest warrants against Sudanese officials suspected of war crimes in Darfur.  To mark the occasion, Facebook (yes, Facebook) launched “Wanted for War Crimes Watch List” application to its users.  The point of the project is to generate public awareness along the lines of “America’s Most Wanted” hoping users will come forward to drive suspects from their hideouts and pressure governments to meet their international obligations.  While services such as Facebook are linked to various harassment suits and its subject to revenge seekers relishing in the anonymity of the Web, this is a good thing.  Though, on the sidebar there, there is a link to a group called

The Sudanese government appointed an alleged Janjaweed militia leader to a cabinet post.  Human rights officials and observers in Washington accuse the appointee, Musa Hilal, with coordinating the Janjaweed militia during Darfur’s bloody campaign.  Human Rights Watch called on the U.N. Secretary-General, Ban Ki-moon, to urge the Sudanese president to revoke the appointment.  Hilal denies the allegations, saying he led his fellow tribesman in a operation of “popular defense” at the behest of the central government in Khartoum.

Human Rights watched called Hilal the “poster child” for atrocities in the region and said his appointment was a “slap in the face to Darfur victims and to the U.N. Security Council.”

Other observers suspect Hilal may be charged for war crimes and crimes against humanity by the International Criminal Court.  The international court already issued arrest warrants for Ahmed Haroun and Ali Kushayb for war crimes in Darfur.  Haroun, ironically, is the humanitarian affairs minister for the Sudanese government.

Supporters of the move, however, say the appointment is worth the risk as Hilal’s reputation as a tribal elder makes him an ideal candidate for a position in the central government.

“The transfer of a tribal leader to a political post is a good step which will open the door to more settlements (of disputes),” said one supporter.

When is the international community going to step in here?  Either we move on and say that’s that, the Darfur atrocity is a thing of the past, let’s see what we can do with Khartoum, or we need to get it in gear and seek some reconciliation here.  All these cries of “never again” after Rwanda smack of empty rhetoric.  It’s almost embarrassing to still be writing about the horrors of Darfur.  I mean, what, 2.something-million people died during this conflict? Is it oil?  Is it Iraq?  This is ridiculous and, frankly, getting a bit boring talking about this condemnation from this group and that condemnation from that group when nobody really seems to be doing much more than talking big talk.  What happened to Big Stick diplomacy, I want to know?  Get it together people.  Either we do something at this point, or we don’t.  Enough is enough.

Congress sent U.S. President Bush a bill permitting states, localities and private investors to cut ties with corporations and investments linked to Sudan.  The bill, sponsored by Sen. Chris Dodd, D-Conn., passed the House unanimously amid concerns from the Bush administration the bill allows states and local governments to wade into the dictation of foreign policy – an area normally granted to the executive branch.  “I don’t believe President Bush can afford to veto this bill,” said Dodd. “A veto would be an endorsement of genocide.”

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The international peacekeeping effort authorized for Darfur may come unraveled as officials in Sudan continue to block key components of the force necessary for a viable mission.  The United Nations Security Council passed Resolution 1769 in July authorizing a 26,000 unit peacekeeping force to protect civilians in Darfur and humanitarian groups operating in the region.  The effort is further hampered by the failure of NATO members to supply the peacekeeping forces with military equipment required by the United Nations – African Union hybrid force.  The lack of military support by capable nations as well as the demands by the Sudanese government curtailing most of the peacekeeping force’s capability suggests the deployment of peacekeepers to Darfur will not make a difference.

The U.N. Undersecretary for Peacekeeping, Jean-Marie Guehenno, on Nov. 26 suggested that the U.N. backed peacekeeping force in Darfur is facing redeployment if Sudanese officials continue to rein in its military capability.  Guehenno asked the Security Council: “Do we move ahead with the deployment of a force that will not make a difference, that will not have the capability to defend itself and that carries the risk of humiliation of the Security Council and the United Nations and tragic failure for the people of Darfur?”

The answer to that question may be a resounding “no.”  The U.N/A.U. mission in Darfur faces severe limitations as NATO members refuse to supply the mission with several requests for military equipment, including helicopters used for medevac operations and other humanitarian missions.  The failure of NATO members to step into the fray suggests the international concern for Darfur is minimal.

Sudan rejects many of the countries contributing to the hybrid peacekeeping operation, refusing access to the Port of Sudan, refusing to grant humanitarian access to Darfur, refusing night flights over the region and barring the landing of heavy transport aircraft desperately needed to support any peacekeeping force standing a reasonable chance of success. Sudanese officials also made the extraordinary demand of enforcing a blackout of the peacekeeping force’s communications when Sudan conducts military operations.

A handicapped peacekeeping force paralleled by a lack of international political will to contribute to the cause of peace in Darfur releases any realistic constraints on the Sudanese to continue its onslaught against its own people.   The military blackout means Sudan may continue its actions unfettered.  If the Sudanese government refuses most of the measures that stand any chance of relieving the crisis in Darfur and NATO and the international community refuse to provide peacekeeping operations with the support they need, the failure in Darfur may be a failure of peace.

IHT