Prosecuting International Crimes in Africa - PULP - University of ...

150 Chapter 6
national elections, coupled with a looming referendum to decide the fate
of the country as a whole, the relationship between the ICC and Africa
seems to be on the rocks.
3. AU’s bones of contention regarding the ICC
3.1 Al Bashir’s arrest warrant as prejudicial to Sudan’s peace
processes
One of the AU’s most persistent criticisms of the ICC’s actions in Africa
has been that, by prosecuting active participants in ongoing or recently
settled conflicts, the Court risks prolonging the violence or endangering
fragile peace processes currently in place in Sudan. 19 The plausibility or
otherwise of these sentiments inevitably takes us into the political reality of
Sudan’s conflicts, where an even-handed appreciation of the facts is
paramount. Any analysis or criticism devoid of such an appreciation is
bound to be baseless and out of touch with the reality on the ground.
Therefore, in investigating the soundness of this argument, the following
questions are of vital importance. What is the nature or typology of the
Sudanese conflicts? Who are the key actors or players in these conflicts?
What efforts have been put in place in the past or are currently in place to
deal with these conflicts? What does conflict resolution theory and practice
provide as elements of a successful conflict-resolution exercise? In what
way, if any, do Luis Moreno’s actions impede successful conflict
resolution in Sudan?
3.1.1 Typology of Sudan’s conflicts
Sudan has been the scene of Africa’s longest civil war – the one between
the Northern Khartoum government and the South’s Sudan Peoples
Liberation Movement. The war was brought to an end following a
protracted peace process culminating in a Comprehensive Peace
Agreement (CPA) and an Interim National Constitution with both
documents embracing an intricate design of two conflict management
mechanisms, namely, power sharing and autonomy. In the case of the
North-South conflict, there are two main actors, each led by a dominant
elite in the personalities of Al Bashir and Salva Kirr who command
overwhelming support of their followers.
Another conflict in the Darfur region is more complex and has more
than two actors: the Northern Khartoum government, Janjaweed militia,
two rebel movements, the Justice and Equality Movement (JEM) and the
19
‘Communique of the 142 nd meeting of the Peace and Security Council’ African Union
(2008).