Human Rights Abuses The Case of Darfur
Int’l Human Rights Pre-WWII State’s treatment of its own citizens Historically considered domestic affair Territorial sovereignty No concept of international human rights Political-economic reasons Minorities, ILO, slavery, war Individual welfare confined to state system International concern when spilled over borders
Int’l Human Rights Post-WWII Nuremberg trials Crimes against humanity (6.(c)) Official position does not confer immunity (7) U.N. Charter Goals of the UN includes human rights (1.3) Promotion of human rights (55, 56) Universal Declaration of Human Rights Defined a variety of rights Standards of achievement
The International Covenants Binding treaty obligations Civil and Political Rights Self-determination, discrimination, right to life, torture, slavery, procedural rights, association, assembly Economic, Social, and Cultural Rights Right to work, join trade unions, social security, standard of living, education Progressive achievement
The Situation in Darfur Conflict started in February 2003 Government, Afro-Arab militia (janjaweed) Rebel groups SLM/A, JEM Systematic campaign against civilian population Casualty estimates from 6,000 to 300,000 Civilian displacement, massacres, rapes 2 million internally displaced More than 250,000 fled to Chad
International Reactions to Darfur UNAMID peacekeeping UNSC Resolution 1769 16,402 military and police personnel Poorly equipped, hobbled logistics, limited mandate, hostility from Sudan government International outcry, aid, advocacy
Genocide in Darfur? International Commission of Inquiry Violation of int’l human rights amounting to crimes Civilian killings, torture, destruction, sexual violence, pillaging, forced displacement No genocidal policy Recommended referral to ICC
International Criminal Liability The ICC’s Case Against the President of Sudan
International Criminal Court Rome Treaty Entry into force in 2002, after 60 ratifications Court opened in judges, one non-renewable 9-year term Prosecution Proprio motu: Requires reasonable basis Referral by state Referral by Security Council
Crimes Under ICC Jurisdiction Genocide Crimes against humanity No nexus to armed conflict War crimes Armed conflict, including non-international Crime of aggression Needs to be defined
The ICC Indictment of Al-Bashir SC Resolution 1593, Statute 13(b) Prosecutor’s indictment in July 2008 Arrest warrant sought
The Counts Against Al-Bashir Genocide Killing, infliction of harm, conditions of life Pre-Trial Chamber disagreed War crimes Targeting civilians, pillaging villages Crimes against humanity Murder, rape, forcible displacement, extermination
Discussion Questions Is there a tension between justice and peace? What are the pros and cons you see to the prosecution of al-Bashir? Does the Rome Statute acknowledge such a tension? What provision addresses it? Is criminal prosecution a way to ensure compliance with international law? Whty or why not?