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Darfur: Blueprint for Genocide - Archipielago Libertad

Darfur: Blueprint for Genocide - Archipielago Libertad

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cooperation of the GoS.” 88 In other words, the GoS has<br />

the UN over a barrel. Because the world does not have<br />

the moral strength to end impunity or protect the<br />

vulnerable, we hav e to rely on probable sponsors of<br />

genocide to prov ide security.<br />

The people responsible should be named – the likes of<br />

Colonel Ahmed M. Haroon. He was responsible <strong>for</strong> many<br />

massacres in the Nuba mountains during the 1990s. He<br />

was not brought to justice and today conducts atrocities<br />

again - this time in <strong>Darfur</strong>.<br />

The Nation State makes up the w orld order we have, but<br />

despite progress in recent y ears and the desire to take<br />

prev ention seriously, the <strong>Darfur</strong> crisis shows what an<br />

imperfect system it is. Lack of resolve to live up to moral<br />

and political obligations, or to uphold international law,<br />

means that in Leo Kuper’s words, states still have the<br />

“sovereign right to commit genocide”. 89<br />

88 In a letter to Dr James Smith, CEO Aegis Trust, dated 14<br />

September 2004.<br />

89 Kuper, L (1980) <strong>Genocide</strong>, New Haven: CT: Yale University Press,<br />

p. 119.<br />

‘States still have the<br />

sovereign right to<br />

commit genocide.’<br />

Summary<br />

Section 5: Ending Impunity<br />

Impunity in a genocidal situation is a brother to<br />

insecurity . Upholding international law at an early<br />

stage in the genocidal process may deter the<br />

perpetrators. Reporting and inv estigations are<br />

important but do not end impunity on their ow n.<br />

They must lead to a judicial process. Leav ing this to<br />

the GoS is not ending impunity in <strong>Darfur</strong>.<br />

Perpetrators must be faced w ith a credible<br />

mechanism by w hich their actions could lead to a<br />

conv iction in a court of law w hether that be through<br />

the ICC, an ad hoc tribunal or another alternativ e<br />

solution.<br />

Recommendations<br />

The UK Gov ernment should make clear that it has<br />

resolv e to promote justice, both broadly <strong>for</strong> the<br />

people of <strong>Darfur</strong> by supporting long term equality<br />

and political empowerment.<br />

Also specifically by upholding international law in<br />

bringing perpetrators to account. This intension<br />

should hav e been stated from the outset.<br />

When the International Commission of Inquiry<br />

publishes its findings, the UK Gov ernment should<br />

be prepared to robustly support it at the Security<br />

Council. Following the embroilment in Iraq, this will<br />

not be so easy, but it represents an opportunity to<br />

support the UN instruments to prev ent genocide.<br />

There should be a referral of the <strong>Darfur</strong> situation by<br />

the UN Security Council to the Prosecutor’s Office<br />

of the International Criminal Court.<br />

It is understood that this w ill be difficult, giv en the<br />

opposition of the US and other states. If other states<br />

v eto a referral, doing nothing to bring justice must<br />

not be an option. While large tribunals distant from<br />

the country w here crimes w ere committed may not<br />

be the most effectiv e method, other alternativ es<br />

should be pursued.<br />

30

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