Global News Journal

Darfur: Is the war over or is the world losing interest?

It’s more than six years since mostly non-Arab rebels in Sudan’s western Darfur region revolted after accusing Khartoum of neglecting their remote corner of Africa’s biggest country. Khartoum’s U.N. ambassador, Abdalmahmoud Abdalhaleem, declared in New York this week that the “war in Darfur is over.”

But Luis Moreno-Ocampo, the chief prosecutor of the International Criminal Court (ICC) in The Hague, disagrees. Although levels of violence in Darfur have fallen, he told the Security Council that crimes “are continuing.” He said those crimes include indiscriminate bombings of civilians, creation of inhumane conditions for displaced people in order to “exterminate” them, rapes and sexual violence, and the use of child soldiers. The ICC has already issued arrest warrants for Sudanese President Omar Hassan al-Bashir, another government official and a former Janjaweed militia leader for war crimes in a government-led counter-insurgency campaign that drove more than 2 million from their homes. The United Nations says as many as 300,000 people have died since the conflict erupted in 2003, but Khartoum rejects that figure.

The ICC has also charged three rebels in connection with an attack on African Union peacekeepers in 2007. One rebel showed up in The Hague to defend himself but Bashir and the others remain at large. Western diplomats say Bashir’s arrest is not a top priority now since it could destroy the stalled Darfur peace process. Khartoum refuses to cooperate with the ICC and its chief prosecutor, whom Abdalhaleem branded a “mercenary of death and destruction.” (Moreno-Ocampo countered by declaring that Sudanese officials who deny that crimes were committed in Darfur could themselves face prosecution.) U.N. Secretary-General Ban Ki-moon said in his latest report to the Security Council that U.N./African Union peacekeepers in Darfur were being harassed and threatened by Sudanese government forces and rebels. (As if to illustrate the point, two Rwandan peacekeepers were shot dead in an ambush in North Darfur on Friday.) Ban said that civilians in Darfur remain at risk of violence as the Sudanese military continues to clash with rebel groups. The world body has also warned that the population of Darfur may be left out of next year’s nationwide elections, the first in 24 years, due to mass displacement of the population and volatile security.

But Khartoum and the rebels determined to topple Bashir’s government may not be the only problem. The former head of a U.N. panel charged with investigating violations of a 2005 arms embargo for Darfur accused the United States and other members of the Security Council of “selling out” the Darfur sanctions.

“Many member states of the U.N. Security Council that … imposed coercive measures on those responsible for the violence in Darfur now seem unwilling to fight back against those who let the abuses continue,” Enrico Carisch, a Swiss finance expert and former head of the U.N. Panel of Experts on Sudan, said in testimony to the U.S. House of Representative sub-committee on Africa and global health.

“Increasingly, it looks like poorly understood and under-enforced U.N. sanctions are being sold out in favor of mediation whose success is far from ensured,” said Carisch, who stepped down as chairman of the panel in October.

Carisch implied that the record of U.S. President Barack Obama’s administration on Darfur was worse its precessor’s. “In contrast to that leadership of 2004 and 2005, the United States appears to have now joined the group of influential states who sit by quietly and do nothing to ensure that sanctions work to protect Darfurians,” Carisch said.

from Africa News blog:

Putting Africa on trial?

Look down the list of the cases the International Criminal Court is pursuing – Congo, Central African Republic, Darfur, Uganda – and it doesn’t take long to spot the connection.

Of the dozen arrest warrants the court has issued, all have been against African rebels or officials. On Monday, the court begins its first trial - of Thomas Lubanga, accused of recruiting child soldiers to wage a gruesome ethnic war in northeastern Congo. Earlier this month, former Congolese rebel leader Jean-Pierre Bemba was in court for a decision on whether to confirm charges of ordering mass rape to terrorise civilians in the Central African Republic.

The judges are also deciding whether to indict their first head of state, Sudan’s President Omar Hassan al-Bashir, accused by the court’s prosecutor of instigating genocide and other war crimes in Darfur. All those being pursued by the prosecutor reject the accusations against them.

There is no doubt there were atrocities in all the conflicts in question - families, villages and countries scarred for ever by murders, rapes, mutilations, kidnappings and burnings.

The question is why the court is only targeting conflicts in Africa, which may have a higher proportion of troubles than other continents, but certainly has no monopoly on evil. Ongoing or recent conflicts elsewhere include Iraq, Afghanistan, Russia-Georgia, Israel-Palestinians and Sri Lanka among others.

"We have the feeling that this court is chasing Africa," Benin’s president, Thomas Boni Yayi, commented last year of the moves to prosecute Sudanese President Bashir. Boni Yayi is no maverick. He is the leader of a peaceful pro-Western country with a record of democracy as good as any on the continent.

One explanation for the ICC’s focus on Africa could be that justice systems on the continent are not in a position to pursue those accused of war crimes.

from Africa News blog:

Congo: Step forward or back to the past?

Rwanda sent hundreds of its soldiers into eastern Congo on Tuesday in what the neighbours have described as a joint operation against Hutu rebels who have been at the heart of 15 years of conflict. Details are still somewhat sketchy, with Rwanda saying its soldiers are under Congolese command but Kinshasa saying Kigali’s men have come as observers.

Evidence on the ground suggests something more serious. United Nations peacekeepers and diplomats have said up to 2,000 Rwandan soldiers crossed into Congo. A Reuters reporter saw hundreds of heavily armed troops wearing Rwandan flag patches moving into Congo north of Goma, the capital of North Kivu province. The world’s largest U.N. peacekeeping mission is, for now, being kept out of the loop.

Foreign soldiers in Congo are nothing new. Rwanda first invaded in 1996. A 1998-2003 war in Congo sucked in six neighbouring armies. But after years of diplomacy and billions of dollars spent on peacekeeping and Congo’s 2006 elections, analysts are frantically trying to work out what is going on.

The current joint operation stems from an agreement signed in December between Rwanda and Congo to cooperate more closely after weeks of heavy fighting in North Kivu province. Although the fighting was officially between Congolese government forces and Tutsi rebels, most analysts saw it as an escalation of a proxy war between Rwanda and Congo that has continued despite 2003 peace deals.

U.N. experts have accused Rwanda of supporting the Tutsi CNDP rebels, formed in 2004 out of previous Rwandan-backed movements that fought against the government in Kinshasa. As on many occasions in the past, Congo was, in turn, accused of arming and using Rwandan Hutu FDLR rebels to boost the effectiveness of its fragile and chaotic army.

The fighting underlined the weakness of President Joseph Kabila’s army, which looted and raped civilians as they fled the CNDP. But it also refocused attention on the Hutu rebels, many of whom crossed into Congo when they were routed after taking part in the 1994 genocide of Tutsis and have long since been used by both Rwandan and Congolese Tutsi forces as justification for military operations in the mineral-rich east.

Rwanda and Congo have frequently agreed to resolve the FDLR problem. With talk of normalising relations, does Tuesday’s intervention by the Rwandan army mark the first concrete step in new a new relationship between the two countries?

Bashir’s challenge to the ICC – can the court respond?

International prosecutors’ pursuit of Sudan’s President Omar Hassan al-Bashir for alleged genocide has not curtailed his travel schedule. He is in Turkey this week, defiant and saying the move by the International Criminal Court has backfired — his hold on power is stronger than ever.

Bashir gave an exclusive interview to Reuters, his first since ICC Chief Prosecutor Luis Moreno-Ocampo said he was seeking a warrant for his arrest.

Here are excerpts from the conversation with Reuters:

“The decision of the ICC prosecutor is already soldifying our internal front, the internal front of our Sudanese people, and that is the source of our power and we will fight their actions.”

“…we don’t give a damn about the precedents set by those going to court.”

“We are not concerned about travelling, ourselves, we have good relations with a number of countries that do not have relations with the ICC.”

Does Bashir’s trip to Turkey (which isn’t a signatory to the ICC) show him to be above the law? How can the ICC respond, with no police force of its own to enforce its rulings even if it does issue a warrant for Bashir’s arrest?

Turn of the screwdriver – genocide, justice or peace for Darfur?

Sudan’s ambassador to the United Nations Abdalmahmoud Abdalhaleem says Luis Moreno-Ocampo, the chief prosecutor at the International Criminal Court, is “a screwdriver in the workshop of double standards” for seeking to prosecute the president of Sudan, Omar Hassan al-Bashir, for genocide in Darfur.  He rejects the term genocide and says the prosecutor is unfairly picking on Africa’s largest country and ignoring war crimes elsewhere.

Moreno-Ocampo accuses Bashir of launching a genocide campaign in 2003 that was intended to wipe out three ethnic groups in Darfur, a desolate and remote region of western Sudan where oil was discovered in 2005. He says the Sudanese leader used mass murder, rape, deportation and “slow death” by starvation and disease to kill tens of thousands in Darfur.  Moreno-Ocampo wants the ICC judges to issue an international arrest warrant for Bashir.

Khartoum rejects the charges and says it will never hand over any of its citizens to The Hague, where the ICC is based. Like the United States, Russia and China, Sudan is not a party to the ICC, though the Security Council referred the issue of Darfur to the court in 2005.

Abdalhaleem says that if the judges decide to indict Bashir it will ignite a “curtain of fire” that will engulf all of Sudan and the region. He has yet to provide details, but U.N. peacekeeping officials say they are worried.

China, Russia, South Africa and others fear an indictment of Bashir would shatter the fragile peace process in Darfur and have vowed to push the Security Council to freeze the ICC investigation of Bashir. The United States, Britain, France and other Western powers say they do not want to tamper with the independence of the ICC and oppose intervening.

The African Union, the Arab League and non-aligned nations have also urged the council to suspend any ICC indictment of Bashir. Russia’s U.N. envoy Vitaly Churkin has said that the countries calling for a suspension comprise roughly two-thirds of the earth’s population.