U.S.
Secretary of State Colin Powell said on September 9 that the campaign
of violence against civilians in the Sudanese region of Darfur constituted
genocide – the first time that any official of the U.S. government
or any leading international statesman has made such a statement.
Powell made his comments as the United States attempts to win support
for a draft resolution that it has introduced in the United Nations
Security Council threatening sanctions against the Sudanese government
if it does not do more to end attacks by against civilians by the
militia groups known as Janjaweed.
In
testimony before the Senate Foreign Relations Committee, Powell
said that the evidence compiled by a U.S. team that interviewed
refugees from the region led him to conclude “that genocide has
been committed in Darfur and that the government of Sudan and the
Janjaweed bear responsibility, and that genocide may still be occurring.”
In the 1948 Genocide Convention, genocide is defined as murder or
other acts of violence intended “to destroy in whole or in part,
a national, ethnical, racial or religious group, as such.”
The
Convention – to which both Sudan and the United States are parties
– requires signatories to “prevent and punish” genocide. Some legal
scholars believe the Convention places states under an obligation
to take action to prevent genocide being committed by other countries,
if it is within their power to do so. During the Rwandan genocide
of 1994, the U.S. State Department avoided the use of the word “genocide”
to describe what was happening out of concern that it would put
greater pressure on the United States to intervene.
Nevertheless
there is far from a general consensus at the moment that a legal
obligation exists for states to prevent genocide outside their
own borders. Few people would disagree, however, that the Genocide
Convention places a moral and political responsibility on its signatories
to attempt to prevent genocide from taking place or to deal with
it when it occurs.
In
a statement released after Colin Powell's testimony, President Bush
issued a statement that said, “We urge the international community
to work with us to prevent and suppress acts of genocide.”
The
U.S. attempt to have the Security Council pass a new resolution
on the situation in Sudan follows an earlier resolution voted by
the Council on July 30 by a margin of 13-0 (with China and Pakistan
abstaining). That resolution – Resolution 1556 – demanded that the
government of Sudan disarm the Janjaweed militias and apprehend
and bring to justice Janjaweed leaders and associates who had incited
or carried out violations of international humanitarian law. These
requirements matched a series of commitments that the Sudanese government
had undertaken to meet in a joint communiqué signed with
U.N. Secretary-General Kofi Annan in Khartoum on July 3. The resolution
effectively set a thirty-day compliance period for Sudan, asking
the Secretary-General to report back after that period on the progress
that Sudan had made in meeting these commitments, and expressed
the intention of the Security Council to consider further measures
– including economic sanctions – if there was not sufficient progress.
Following
the expiration of the thirty-day period, Annan reported to the Security
Council on September 1. In a statement based in part on the findings
of his special envoy, Jan Pronk, who had recently returned from
the region, the Secretary-General charged that the government of
Sudan was not yet doing enough to meet its commitments. “Attacks
against civilians are continuing,” he said, adding that “the vast
majority of armed militias” had not been disarmed.
Annan
also warned that “no concrete steps have been taken to bring to
justice or even identify any of the militia leaders or perpetrators
of these attacks, allowing the violations of human rights and the
basic laws of war to continue in a climate of impunity.”
The
Sudanese government took issue with the report's findings in a letter
to the Security Council from the country's Foreign Minister, Mustafa
Osman Ismail. He said Sudan had made “relentless efforts” to meet
the commitments it had made to the United Nations. Among the steps
taken by the Sudanese government, according to the letter, were
the conviction of 12 Janjaweed militia members, the donation of
large amounts of food aid, stepping up access for those affected
by the fighting to hospitals and health centers, and ongoing peace
talks with rebel groups in Darfur .
An
estimated 50,000 people have been killed and more than 1.2 million
displaced from their homes by militia attacks since an uprising
began in Darfur a year and a half ago. Government forces have collaborated
in Janjaweed attacks, according to reliable accounts, and provided
arms and other support for the militia groups. The Janjaweed are
composed of fighters regarded as “Arab” and their attacks have been
directed at black African civilians; the uprising in Darfur was
launched by African fighters to protest at the discriminatory treatment
they received from the Sudanese government.
The
new draft resolution that the United States is pushing in the Security
Council would threaten sanctions against Sudan 's oil industry,
call for the expansion of an African Union force that is monitoring
the situation in Darfur , and set up a commission to investigate
whether genocide had occurred. There are now 300 African Union troops
in Sudan , though their mandate is currently limited to monitoring
a notional ceasefire agreed between rebel forces and government
troops. The U.S.-sponsored draft resolution would set another thirty-day
deadline for the Sudanese government, with a more explicit threat
of sanctions “including to the petroleum sector” if Sudan continues
to fall short of its commitments. It also calls for a ban on Sudanese
military flights over Darfur (there have been many reports of government
planes launching attacks on civilian villages in conjunction with
Janjaweed fighters).
At
a meeting of the Security Council on Thursday September 10, there
appeared to be a good deal of support for extending the number of
African Union troops, but more resistance to a stronger threat of
sanctions. One of the countries currently opposed to sanctions is
China , which would be able to veto any resolution.
Related
chapters from Crimes of War: What the Public Should Know:
Genocide
Related
Links:
Convention
on the Prevention and Punishment of the Crime of Genocide
Testimony
Before the Senate Foreign Relations Committee
Secretary
of State Colin Powell
September
9, 2004
Documenting
Atrocities in Darfur
U.S.
State Department
September
2004
Sudan
Internet Resources
Rift
Valley Institute
Preventing
Genocide
Stockholm
International Forum 2004
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