Darfur war crimes test
By Mia Farrow and Eric Reeves; The Wall Street Journal
May 1, 2008 — This week marks a grim and largely unnoticed anniversary. On April 27,
2007, International Criminal Court judges issued arrest warrants for two
men involved in the massive, ongoing atrocities in the Darfur region of
western Sudan: Former state minister of the interior Ahmed Haroun, and
Ali Kushayb, a key leader of the brutal Arab militia known as Janjaweed.
Both are charged with war crimes and crimes against humanity.
Evidence in the ICC cases against both men is overwhelming, including
numerous eyewitness accounts from victims as well as compelling
documentary evidence. Yet Khartoum refuses to extradite or lift a finger
in prosecuting either man.
No surprise there. Were Mr. Haroun and Mr. Kushayb to testify in the
Hague, where the ICC is based, the most senior members of the Khartoum
regime would be at obvious risk of indictment themselves. Mr. Haroun in
particular could point far up the military and civilian chain of
command.
In a grotesque irony, Mr. Haroun has even been promoted to the position
of state minister for humanitarian affairs, with major responsibility
for millions of desperate victims of the very crimes he orchestrated.
More than five years have passed since the Khartoum regime and its
Janjaweed allies launched their campaign of destruction against the
non-Arab populations of Darfur. The savagery of the attacks upon
civilians, the torched villages, mass murders, rapes, abductions and
mutilations have made the word Darfur synonymous with human suffering.
More than 2.5 million people have fled from their burning homes in
terror, seeking tenuous refuge in wretched camps across Darfur and
eastern Chad.
The ICC is charged with investigating and prosecuting cases in which
the national courts of a country cannot or will not render justice even
in the face of the most horrific international crimes. The ICC, however,
has no police force of its own, and so relies on others to execute its
arrest warrants. In the case of Darfur, the ICC arrest warrants derive
from a United Nations Security Council resolution.
Khartoum’s refusal to arrest the suspects should be superseded by the
Council’s authority to act in the interests of international peace and
security. But Security Council members have shown little interest in
pressuring Sudan to comply with the resolution. As long as the Security
Council continues in this vein, Mr. Haroun and Mr. Kushayb will operate
with complete impunity in Sudan.
Those nations who have committed their support to the ICC must
understand that a green light for the likes of such men is also a green
light for Khartoum’s defiance of other international demands. The large,
U.N.-authorized protection force, for example, has for nine months been
obstructed by this regime. If the international community lacks the will
to confront Khartoum, the dying in Darfur will continue apace.
Last December, Luis Moreno-Ocampo, chief prosecutor for the ICC, issued
a devastating report to the Security Council. “We are witnessing a
calculated, organized campaign by Sudanese officials to attack
individuals and further destroy the social fabric of entire
communities,” he declared. “All information points not to chaotic and
isolated acts, but to a pattern of attacks.”
The Council failed to provide any support for Mr. Moreno-Ocampo and his
terrifying indictment. The ICC must find a way to circumvent Security
Council paralysis. International justice will only be served if, in the
face of the most egregious international crimes, the nations of the
world can place justice before sovereignty.
The United States should take the lead in reforming the Security
Council to make it more effective, representative and committed to the
ideals of international justice. Darfur is the test case – one year
and counting.
Ms. Farrow is an actor and advocate. She has visited the Darfur region
eight times. Mr. Reeves is author of “A Long Day’s Dying: Critical Moments in the Darfur Genocide” (The Key Publishing House, 2007).