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Opinion \| Comment & Analysis

Peace and justice go together

SHIRIN EBADI: COMMENT - Nov 28 2008 06:00

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Chief prosecutor for the International Criminal Court (ICC) Luis Moreno-Ocampo will soon report to the UN Security Council on the progress of his investigation into crimes in the Darfur region of Sudan, in particular, his request to indict Sudanese President Omar Al-Bashir for genocide and crimes against humanity. South Africa, now in its final months on the Security Council, should use the prosecutor's report to put its considerable weight behind the important work of the court.

Since the July 2008 request to indict Al-Bashir, Sudan has lobbied at the UN, the African Union and the Arab League to persuade other countries that the security situation on the ground in Darfur is improving, that Darfuris are leading "normal lives", and that an indictment would obstruct this progress and should therefore be delayed. Lamentably, South Africa's leadership answered Sudan's call, speaking out in national and international news media to press the Security Council to delay the indictment.

I only hope the continued attacks on civilians and gamesmanship by Khartoum are proof enough to convince South Africa that the court's work in Darfur should be supported, not delayed.

To start with, the security situation in Darfur is not improving. The Sudan unilaterally declared a ceasefire in mid-November, but is already under investigation by the UN and condemned by the US for bombing villages and breaking its word -- yet another time. According to Human Rights Watch, Sudanese forces and government-backed militias attacked more than a dozen villages in operations against rebel forces near Muhajariya, South Darfur, between October 5 and 17 2008, killing more than 40 civilians.

In August, the government of Sudan attacked Kalma refugee camp -- home to 90 000 displaced Darfuris -- with 60 heavily armed military vehicles, machine guns and automatic weapons. The attacks left at least 32 people dead and more than 100 injured. A month later, government security forces attacked ZamZam camp near el-Fasher in armoured vehicles. Again, significant civilian casualties were reported.

There are ongoing attacks against humanitarians in government-controlled towns, continued use of rape as a tactic of war, and obstructions to the deployment of the joint UN-African Union peace force. Coordinated bombings by government forces and ground attacks by their Janjaweed allies continue in North Darfur. Meanwhile, Sudan's ambassador to the United Nations Abdalmahmoud Abdalhaleem still regularly issues threats against peacekeepers, aid workers, and the people of Darfur. "Indictment and peace do not go together," he said recently. If the council does not act [to delay the indictment], it will "open the gates of hell in Sudan and the rest of the region."

Nonetheless, even a significant decrease in violence in Darfur would not alone justify a deferral of the ICC indictment. After more than five years of horrific violence and insecurity, displacement and brutal sexual violence, the people -- and particularly the women -- of Darfur deserve more than the "government men" negotiating with the "rebel men", and forgiving each other for the violence they have perpetrated primarily against women, children and other non-combatants. The people of Darfur deserve -- and have clearly vocalised a desire for - justice and accountability. And while the ICC is not the only vehicle for justice, it is the only vehicle right now. Nothing should overshadow the imperative to end impunity for Darfur's crimes.

As Louise Arbour, former chief prosecutor for the International Criminal Tribunal for the Former Yugoslavia (ICTY), commented in a recent article: "The ICC was founded on the principle that accountability for the world's most serious crimes is a prerequisite for long-term peace and security."

The creation of the International Criminal Court is a critical and significant development in international law that took more than five decades to establish. With its global reach, it has the potential to prevent or drastically reduce the deaths and devastation caused by violent conflict and abuses of power. To politicise the work of the court would be to undermine this potential. That is why the international community must do the right thing now and let the court do its work.

CONTINUES BELOW

Dr Shirin Ebadi received the Nobel Peace Prize in 2003 for her significant and pioneering efforts for democracy and human rights, especially those of women, children and refugees in Iran

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The "gates of Hell" have long been open in Sudan, and the devils unleashed on the civilian population. South Africa's attempts to delay the indictment is an absolute disgrace.

Elisa Galgut on November 28, 2008, 9:16 am

I find it very strange that the toothless International Criminal Court seems to be very eager and ready to act against African leaders and has found it comfortable to live and be at peace with the murderers in the form of British and American leaders. Thousands of people in Iraq,Afghanistan, Palestine etc have been butchered under false pretences of pursuing "terrorists" whatever that means.The death and mayhem they cause puts Sudan statistics in shame.

Sipiwo Pahlane on November 28, 2008, 3:59 pm

Sipiwo Pahlane,
I don't think you understand this world .We can't get all the criminals but lets get a few if possible .The question is "were war crimes committed in the region "? If this is the case then it is time to go after those responsible .Now take something in our back yard .Mugabe is a war criminal and needs to be indicted . With all that the people of Zim did to help South Africa why is South Africa doing nothing to come to the assistance of Zim ? Are you prepared to prosecute Mugabe? Interesting to know your opinion .One of the greatest achievements of Vietnam was invading Cambodia to free them of Polpot ! Yet South Africa does nothing against Mugabe ! Are you prepared to prosecute Mugabe or because he is black he can do no wrong ? Or is your warped logic still in place ,first we take Bush then the rest are okay to prosecute ?

Allan Milton on November 29, 2008, 5:37 pm

It was Mbeki that was vigorously against having Al-Bashir indicted for crimes. He did the same in Zimbabwe. As the mediator he seemed to think that he could give a blamket amnesty to his pal Mugabe as part of the negotiations. Tsvangirai agreed with him and that is why Mugabe has got away with the attrocious crimes committed on his instructions, against the Ndebele people in the 1980s.

Frank Hartry on November 30, 2008, 10:56 pm

Hi Milton. I think I agree with you when you say that I dont understand this world. It would appear to me that for me to understand this world I have to see it your way or the British and the American eyes which is very unfortunate.To drive my point home instead of you seeing the failure of the ICC you see Mugabe and nothing else.South Africa is adopting what the British and Americans were doing when the Apartheid government was butchering black people in SA. The term might sound familiar to you I am sure "CONSTRUCTIVE ENGAGEMENT".American, British and Israeli Leaders must be indicted for war crimes along Mugabe and the former apartheid leaders together with direct and indirect beneficiaries. So you see that is what justice and peace is all about.

beneficiaries direct or indirect

Sipiwo Pahlane on December 1, 2008, 11:19 am

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Peace and justice go together

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