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

Politics of international criminal justice 151
Sudanese Liberation Army/Movement (SLA) comprising of the Masalit,
Fur and Zaghawa ethnic groups. A recent push towards a peaceful
resolution of this conflict has seen the brokerage of a deal between the
Khartoum government and Darfur’s largest rebel group, JEM. This truce
and power-sharing agreement was signed on 23 February 2010 in Doha,
Qatar, by Sudan's President Al Bashir and JEM representation. From the
foregoing it is apparent that Al Bashir is not only part of the problem in
Sudan’s seemingly intractable conflicts, but an integral part of the
promulgated solutions that have so far facilitated some semblance of
stability.
3.1.2 Conflict resolution theory and practice
Conflict resolution theory has it that conflicts tend to escalate. The logical
stages of their progression are often indicated as follows: a discussion
dialogue stage, where the parties may disagree but work together;
polarisation, where parties distance themselves from each other;
segregation, where parties move away from each other completely; and
destruction, where there is all-out antagonism, including violence and war,
among the parties. 20 An escalation of conflict may occur at any stage of
this exercise when actions are taken either by the parties or by an external
party that has the effect of fatally altering one or more of the three pillars
of conflict resolution as outlined by Wallensteen. According to
Wallensteen, the basic elements of a conflict resolution exercise are: 21
(a) An agreement, that is, a formal understanding among the parties where a
signed document is produced.
(b) The continued existence of the opposing parties, not a situation of defeat
and win or capitulation, but the fighting parties accept each other also as
parties in future dealings with one another.
(c) The termination of violent actions against each other where war ends
fear and insecurity of persons including former belligerents.
A post-conflict situation follows the aforementioned stages and that is the
situation in which Sudan finds itself since the enactment of the CPA and
the Darfur Agreement. This is a very uncertain stage where a relapse into
violent conflict or war is a real possibility. During this phase, events known
as conflict triggers may cause intergroup relations to move away from
relative accommodation to hostility and violence. 22 Conflict triggers can
include provocative acts by political leaders, international institutions,
failed elections or violent upsurges such as riots. 23 This scheme of conflict
20 P Harris and B Reilly (eds) Democracy and deep-rooted conflict: Options for negotiators
(1998) 3.
21 P Wallensteen Understanding conflict resolution (2002) 16
22 T Northrup ‘The dynamic of identity in personal and social conflict’ in L Kriesburg et al
(eds) Intractable conflicts and their resolution (1989) 52.
23 Northrup (as above).