February 02, 2005

Darfur: Put Peace and Justice Before Politics

Washington, DC -- Citizens for Global Solutions is disappointed by the conclusion of the United Nations Special Commission of Inquiry report on Darfur, that determined a pattern of “killing of civilians, torture, enforced disappearances, destruction of villages, rape and other forms of sexual violence throughout Darfur;” does not constitute genocide. We believe that the Commission’s findings in many ways mask evidence of genocide – as gathered by humanitarian groups, African Union forces and the United States government – and often are contradictory. Most strikingly, the report concludes that the Sudanese government “has not pursued a policy of genocide”, while simultaneously acknowledging that the government and militias are responsible for crimes against humanity that “may be no less serious and heinous than genocide.”

Charles J. Brown, President and CEO of Citizens for Global Solutions, and a spokesman for the U.S. government delegation during the Rome conference that created the International Criminal Court (ICC) treaty, addressed the report’s shortcoming. “The decision of the UN commission of Inquiry not to call the systematic acts of violence, rape and murder in Darfur genocide flies in the face of overwhelming evidence gathered by credible government and non-governmental source,” Brown declared. “Genocide does not require premeditation before the fact, any more than murder does. The Commission has chosen to face down horror with tired legalisms.”

The failure of the report to label the human rights violation in Darfur as genocide carries with it the dangerous potential of stalling the debate at the Security Council. Now is the time for consensus and urgent action, not for a debate on international law or legal definitions. As Stuart Ford, International Law and Justice Program Manager at Citizens for Global Solutions notes, “Troublingly, the Commission apparently disregarded circumstantial evidence that genocide has occurred in drawing its conclusions. However, wrangling over the exact legal description of the atrocities should not dominate the debate. The international community should avoid giving the Sudanese Government a carte blanche to continue its actions in Darfur while we debate definitions.”

Citizens for Global Solutions, along with a coalition on organizations working on Darfur, are calling for immediate action to stop the killing and hold those responsible accountable. The Security Council should pass a resolution which will:

• Expand the mandate and size of the African Union monitoring force: Currently, the African Union (AU) has only about a third of the planned 3,320 personnel in place, and this force has a mandate only to monitor the ceasefire, not to protect civilians. As an immediate first step, the Security Council needs to give the AU force a Chapter 7 mandate to protect civilians, and facilitate an expansion of the force. In the short run, expanding the mandate and increasing the number of troops on the ground will help deter violence, even if the AU force does not have the capacity to enforce a broader mandate immediately. In the longer term, developed countries must support the AU force through commitment of funds, assistance with command and control, provision of communications capacity and other high-value contributions that can increase its effectiveness.

• Authorize Enforcement of the No-Fly Zone: The Sudanese air force has conducted bombings of civilians and NGOs as recently late January. The Security Council should authorize the enforcement of the no-fly zone across Darfur, and NATO should take the lead in enforcing the ban.

• Impose an Arms Embargo and Sanctions: The Security Council should impose an immediate arms embargo on the Government of Sudan and rebel forces and implement specific sanctions (including economic sanctions) against the government and any associated individuals or businesses.

• Refer Darfur to the International Criminal Court: In addition to the long-term need for accountability, referral to the ICC would send an immediate signal to the leaders of the genocide in the Janjaweed and in Khartoum that they will be help personally responsible if the bombing, rapes, murders and forced displacements continue. Threatening prosecution may be one of the few incentives apart from targeted sanctions that will personally affect those sponsoring the atrocities. The ICC is the only option for swift and credible justice.

A referral to the ICC is the only pragmatic, immediate way to help end genocide and bring those responsible to justice. A new ad hoc international court could take years to organize, during which time the killings would continue with impunity, evidence would be destroyed or lost, and victims or witnesses would be murdered.

Under current U.S. law, specifically the American Service Members Protection Act (ASPA), which allows the U.S. to provide “assistance to international efforts to bring to justice . . . foreign nationals accused of genocide, war crimes or crimes against humanity,” President Bush has power to support a Security Council referral to the ICC. We at Citizens for Global Solutions call on the President to lend credence to this policy and bring the violence to an end in Darfur. Whether or not Darfur is genocide, a referral to the ICC is imperative in guaranteeing that these crimes against humanity are no longer committed with impunity. To not ensure accountability, as Kofi Annan notes, would be “a terrible betrayal of the victims, and of potential future victims in Darfur and elsewhere.”

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+ Briefing Paper on What is Required to End the Violence in Darfur

Sam Stein
Communications Associate
202 546 3950 ext 123

Charles J. Brown
President & CEO
202 546 3950 ext 115

Heather Hamilton
Vice President of Programs
202 546 3950 ext. 107