resolution fails to address violence in DARFUR

After weeks of debate, the Security Council finally passed a resolution purporting to address the conflict in Darfur, Sudan. Sadly, the resolution fails to take the robust action necessary to end the violence. Most observers agree that to end the conflict, the Security Council must pass a resolution that included: 1) an arms embargo on the government of Sudan; 2) significant financial and logistical support for an expanded African Union force in Darfur; 3) economic sanctions against the Sudanese government; 4) enforcement of a no-fly zone over Darfur; and 5) referral of the atrocities in Darfur to the International Criminal Court for investigation and prosecution. A coalition of prominent NGOs, including Citizens for Global Solutions, recently sent an open letter to the Security Council making precisely these recommendations.

Unfortunately, Resolution 1591, passed on March 29th, is missing many of these measures. What's more, the resolution is riddled with loopholes and exceptions that will undercut its effectiveness.

Arms Embargo
The resolution imposes an arms embargo on the government of Sudan, but then states that the embargo will not apply to “movements of military equipment and supplies into Darfur region” if the Security Council agrees to the move. Unfortunately for the victims of genocide in Darfur, the Security Council seems to be conceding in advance that the government of Sudan might have a legitimate reason for moving more military equipment and troops into the region. Given the Sudanese military’s role in orchestrating and carrying out genocide in Darfur, this concession to the Sudanese government is very troubling.

AU Support
Resolution 1591 praises the African Union for its work but offers no financial, logistical or real political support. The African Union is the only international organization with troops on the ground in Darfur, but they cannot effectively deter attacks on the population of Darfur because they do not have enough troops in Sudan or the financial or logistical capacity to put more troops on the ground. The Security Council could have provided the support necessary to expand the size of the African Union force. It did not.

Economic Sanctions on Sudan
There are no economic sanctions imposed on the government of Sudan in the new resolution. Rather, it creates a Committee, composed of representatives from Security Council member states, that will draw up a list of individuals who impede the peace process, violate international law, or threaten the stability of the region. These individuals will then be subject to travel bans and a freeze on their assets. However, even this limited regime of individual sanctions allows for individuals to be exempted from its reach if such an exemption would “further the objectives” of the Security Council.

Enforcement of No-Fly Zone
The resolution “demands” that the government of Sudan stop using its air force to carry out attacks against villages in Darfur, but contains no mechanism to enforce that demand.

Referral to ICC
The resolution contains no mention of how the individuals responsible for war crimes, crimes against humanity and genocide in Darfur might be tried or prosecuted. Apparently, the issue was removed at the insistence of the United States. It is expected that a separate resolution on an ICC referral will be put to a vote on March 30, but it remains to be seen if the U.S. will veto the resolution because of its opposition to the Court. There is no practical alternative to the ICC, so a U.S. veto would mean that there will be no investigations or prosecutions of any of the individuals responsible for the atrocities in the near future.

Conclusion
The United Nations passed a resolution that purports to comprehensively address the violence in Darfur. In fact, it is merely a toothless, watered-down shell of the proposals originally on the table. Resolution 1591 first and foremost appeases Security Council members, including the U.S. (on the ICC), China, (on sanctions), and most of the remaining members (on a no-fly zone). The key to ending the conflict in Darfur is putting intense political and economic pressure on the Sudanese government. Anything less is unlikely to change the situation on the ground in Darfur.

Updated March 30, 2005