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Africa Action Talking Points on How to Stop Genocide in Darfur
March 31, 2005
Nothing short of international intervention will stop the genocide in Darfur. Africa Action believes that the U.S. must, therefore, do everything necessary to secure a United Nations (UN) Security Council Resolution authorizing a multinational intervention force, under Chapter 7 of the UN Charter, to stop the genocide and protect humanitarian efforts in Darfur.
1. What is Genocide?
The international legal definition of the crime of genocide is found in Articles II and III of the 1948 Convention on the Prevention and Punishment of Genocide. Article II describes the two elements that constitute the crime of genocide:
(i) the mental element, meaning the "intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such", and (ii) the physical element which includes five types of violence described in sections (a) through (e) as follows: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group.
2. What is happening in Darfur is Genocide
(i) Genocidal Intent: The intent of the Sudanese government to destroy, in whole or in part, three African ethnic communities (the Fur, Zaghawa and Massaleit), is clear from at least four categories of evidence: (a) Documentary evidence; (b) Legal inference based upon the systematic perpetration of culpable acts directed against specific targeted groups; (c) Testimony of witnesses who are survivors of the genocide; and (d) Government efforts to eliminate all traces of mass graves.
(a) Documentary Evidence: Sudanese Government documents obtained and released by Human Rights Watch, make clear government intent through its actions of arming, equipping and transporting Arab militias to destroy, in part, targeted groups. In violation of UN Security Council Resolutions, the government has withheld other documents requested by the United Nations such as flight logs for aircraft (planes and helicopter gunships) used by the government in Darfur, as well as the minutes of meetings of government security officials on Darfur. Such documents would likely provide further documentary evidence of genocidal intent. According to The New York Times on February 23, 2005, African Union observers have also uncovered a document that indicates a policy of genocide on the part of the government.
(b) International legal precedent (from the International Criminal Tribunals for Rwanda and the former Yugoslavia) holds that genocidal intent can be inferred from the context of the perpetration of culpable acts when they are systematically directed against a group. For more than two years the government has established a pattern of atrocities including mass killings, mass rapes, bombings, burning and pillaging villages, and destruction of water wells and crops, systematically directed against the targeted groups.
(c) The testimony of survivors of genocide in Darfur consistently reports that the perpetrators of the atrocities frequently and clearly stated their intent to destroy these groups as part of a broader government-inspired effort.
(d) According to both witnesses and documentary evidence, the government of Sudan has sought to erase all trace of large mass graves of executed civilians from the targeted groups. It has prevented researchers from obtaining forensic evidence from such sites.
(ii) Genocidal Actions: In Darfur during the past two years, the physical acts of violence have included all five categories of violence listed in the International Genocide Convention, and have resulted in the deaths of nearly half a million people*.
The following letters correspond to the five categories of genocidal violence listed under the legal definition of genocide at the beginning of this document.
(a) up to 215,000 people have been killed by government forces and militias from 2003 to the end of 2004, and the killing continues;
(b) bodily and mental harm has been inflicted upon thousands of women and young girls raped by soldiers and militias. Such physical and mental harm will continue to affect these women and their families for years to come; ;
(c) an additional 200,000 lives have been lost through the deliberate destruction of homes, crops and water resources and the physical displacement of more than two million people which have resulted in conditions of famine and disease epidemics, both in inaccessible areas and in camps for displaced people;
(d) the killing of pregnant women; and
(e) the use of rape as a weapon of genocide. Indeed many perpetrators have stated while raping women that their intent is to change the ethnic identity of the child conceived by rape.
3. The Humanitarian Crisis
* It is now estimated that 15,000-35,000 people are dying each month in Darfur and that this figure could rise to 100,000 per month, according to Jan Egeland, the UN Undersecretary for Humanitarian Affairs, if humanitarian assistance is unable to reach people due to the continued violence.
* Genocide in Darfur has created the worst humanitarian crisis in the world today, and it is getting worse. There are an estimated 2 million people in camps for Internally Displaced People (IDPs) in Darfur and another 200,000 in camps in neighboring Chad. There are an unknown number of additional IDPs in inaccessible regions of Darfur. There is a shortage of food and shelter, and there are real fears of massive outbreaks of cholera and other diseases. It is now estimated that up to 1,000 people are dying every day in this crisis as a result of these conditions and the ongoing violence, and the mortality rate could increase substantially if there is insufficient relief.
The Khartoum government cannot be trusted to address the humanitarian crisis. For more than a year, the Khartoum government systematically obstructed outside access to Darfur and blocked international efforts to establish a relief campaign. It continues to severely restrict access. It has denied the existence of a humanitarian crisis altogether. The government of Sudan is the author of the ongoing genocide in Darfur, of which the current humanitarian crisis is but one consequence, and Khartoum cannot be trusted to provide security to humanitarian operations there.
* Security is Essential for Humanitarian Efforts. Adequate humanitarian assistance cannot be provided to vulnerable and displaced groups in Darfur without military protection. Multinational intervention is necessary to provide security and logistical support to urgent humanitarian efforts; otherwise as many as one million people could be dead by the end of this year.
4. The U.S. Government Acknowledges Genocide, But Fails to Act
* The U.S. is the only government to have acknowledged that what is happening in Darfur constitutes genocide. On September 9, 2004, then-Secretary of State Colin Powell declared on behalf of the Bush Administration that, "genocide has been committed in Darfur, and that the government of Sudan and the Janjawid bear responsibility." The White House issued a statement the same day confirming this determination.
* At the same time as he acknowledged that genocide was being carried out in Darfur, Powell also denied logic, declaring, "no new action is dictated by this determination."
* President Bush has failed to make a public statement about the genocide in Darfur. He did not even mention this crisis in his State of the Union address in January 2005.
* The U.S. has a clear moral and legal obligation to prevent and punish genocide as a signatory to the Convention on the Prevention & Punishment of the Crime of Genocide (1948).
* The U.S. has provided some transportation and logistical support to the African Union troops on the ground in Darfur, and has introduced UN Security Council resolutions calling for sanctions against the Sudanese government, but its actions remain wholly inadequate as a response to genocide.
5. The UN Acknowledges Crimes Against Humanity, But Fails to Act
* The United Nations’ International Commission of Inquiry on Darfur officially delivered its 176-page report to UN Secretary-General Kofi Annan on January 25, 2005.
* The report found that the Sudanese government has committed major crimes under international law, including a pattern of mass killings, rape, pillage and forced displacement and these constitute war crimes and crimes against humanity.
* Although the report actually provides ample evidence of genocidal intent and actions on the part of the Sudanese government, the commission concluded that it did not find a government policy of genocide in Darfur. This harkens back to the genocide in Rwanda in 1994, when the international community avoided using the term “genocide” because countries were unwilling to take the action that such a serious charge would require.
* The report recommends that the UN Security Council refer the Darfur crimes to the International Criminal Court (ICC) for prosecution.
* The first conclusion of the report states that the people of Darfur “have been living a nightmare of violence and abuse” and that “they need protection,” but the report fails to recommend any measures to provide such protection.
6. The African Union Cannot Respond Alone
* The African Union has just over 2,100 troops on the ground in Darfur, but they lack the financial and logistical support, and the force size necessary to stop the ongoing genocide. Furthermore, the AU has no mandate to protect civilians.
* The African Union is sponsoring peace talks between the Sudanese government and the rebel groups, but progress has proven difficult as the ceasefire they agreed to in April 2004 continues to be violated.
* Genocide is not an African problem, it is an international problem and, as such, it requires an international response.
* The African Union is a young organization (established in 2002) and it is not equipped to respond to a crisis of this magnitude. Faced with such a grave challenge, the international community cannot allow the African Union to fail, but rather must support, reinforce and expand upon its efforts in Darfur.
7. What is needed is an Urgent International Intervention
* While it is important to ensure that those responsible for crimes in Darfur are held accountable and brought to justice, stopping the genocide in Darfur must be the first priority for the international community.
* Unless there is a rapid intervention in Darfur, up to a million people could be dead by the end of this year. Nothing short of an international intervention will stop this genocide.
* In light of the ongoing genocide in Darfur, and the inability of the U.S. and UN to force a change in Khartoum’s behavior or to take action to stop the genocide, the U.S. government must press the UN Security Council to immediately authorize a multinational intervention force in Darfur, under Chapter 7 of the UN Charter.
* Such a multinational force must have a mandate to protect civilians in Darfur and to enforce (not just observe) the ceasefire that the government and rebels agreed to in April 2004.
* The quickest way to realize such a multinational force would be to provide the African Union troops that are already on the ground in Darfur with a Chapter VII mandate, and then to immediately begin reinforcing their efforts by expanding that mission with troop contributions from additional countries from within and outside of Africa. Ideally, a UN Peacekeeping Operation would fulfill this role, but that would take at least 3-6 months to assemble, and countless lives would be lost in the intervening period.
* The U.S. has a unique capacity and clear obligations to help support international efforts to secure the region. The U.S. has unique satellite intelligence capacities that allow it to track the government forces’ and militias’ activities in Darfur as well as the movements of the displaced. The U.S. also has the greatest capacity in the world to transport troops and supplies to Darfur from African and other countries, while asking the European Union and NATO to do the same. The U.S. also has almost 2,000 troops in nearby Djibouti, several hundred of which could be quickly mobilized to support a multinational force.
* An intervention would serve four critical purposes: (1) Stop the killings, rapes and pillaging in Darfur; (2) Provide security to facilitate humanitarian assistance programs for displaced people and refugees until a formal UN Peace Keeping Operation can be mounted; (3) Enforce the African Union cease-fire between the Khartoum government and the two rebel groups in Darfur to allow meaningful political negotiations to move forward, and (4) facilitate the return of IDPs to their land and the reconstruction of their homes by providing a secure environment. Such a Multinational force could also facilitate the work of investigators working on the prosecution of the crimes against humanity already committed by the government.
8. What the U.S. Should do at the United Nations
* The United Nations Security Council (UNSC) will not act without leadership, and the U.S. must assert the necessary leadership to ensure UN action to stop the genocide in Darfur.
* The UN Security Council continues to hesitate on Darfur, largely because of the economic and diplomatic interests of its permanent members especially China and Russia, who don’t wish to antagonize Khartoum. China is the single largest investor in Sudan’s oil sector, while Russia is Khartoum’s major arms supplier. The U.S. must expend the necessary diplomatic capital to overcome their objections to a multinational force to stop the genocide.
* Many UN member states are also skeptical about U.S. intentions given its un-sanctioned intervention in Iraq under false pretenses. The U.S. must convince the members of the UN Security Council that the genocide in Darfur requires their urgent attention and immediate international action.
* Unless the U.S. or another permanent member of the Security Council insists that this is genocide and demands that the Council address the matter, the African Union and Sudan’s African neighbors will continue to be left to bear the brunt of this growing catastrophe without adequate resources to stop it, and they will likely be blamed for failing to act sufficiently & in time to save hundreds of thousands of lives.
* A decade ago, the U.S. blocked UN action as genocide unfolded in Rwanda. Now, the U.S. must do everything necessary to ensure the passage of a UN Security Council Resolution authorizing a multinational intervention force to stop the genocide in Darfur.
*Accurate estimates of the death toll in Darfur have been difficult to ascertain because of obstruction on the part of the Sudanese government and because of UN unwillingness to offer an official estimate. The best regular estimates of mortality rates in Darfur have been provided by Prof. Eric Reeves of Smith College (among others), who makes use of extensive data and scientific formulae for projecting death rates in comparable conditions. (http://www.sudanreeves.org/)
http://www.africaaction.org/newsroom/index.php?op=read&documentid=634&type=14
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