Eric Witte July 11th, 2008
The Washington Post is reporting this morning that on Monday, the prosecutor of the International Criminal Court will seek Darfur-related charges of genocide and crimes against humanity against Sudanese President Omar Hassan al-Bashir. The United Nations is grappling with how the Sudanese regime might react, including by possibly targeting peacekeepers or cutting off their supplies. Likewise, humanitarian aid organizations worry about their access to people in need being cut off.
These are serious concerns, as is the major question examined in today’s New York Times about how the charges (there is no formal “indictment” at the ICC) could affect the tenuous north-south peace and what remains of the peace process in Darfur.
In different contexts, this is the same question that surrounded the indictments of Serbian and Liberian presidents Slobodan Milosevic and Charles Taylor at the International Criminal Tribunal for the former Yugoslavia in 1999 and Special Court for Sierra Leone in 2003, respectively. A major after-effect of those indictments was to make the rule of Milosevic and Taylor no longer tenable, and diminished their ability to string along negotiators ad infinitum
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as suited their power interests. Thus, Milosevic was no longer able to wine and dine Richard Holbrooke and maintain his position as the perceived go-to guy for stability in the Balkans. Likewise, the absurd merry-go-round of broken peace and cease-fire arrangements - interspersed by additional negotiations when Taylor felt pressure to regroup and re-arm - came to an abrupt end in Liberia following the unsealing of his war crimes indictment. In Serbia, this meant that Serbs saw their futures tied to that of a pariah. This helped to motivate the civic uprising that overthrew Milosevic after he tried to steal another round of elections in October 2000. In Liberia, it led to international demands that Taylor leave power and the country as an essential component of any peace deal.
The Milosevic and Taylor indictments also led to increased media and high-level political attention for the crises in Serbia and Liberia. In the New York Times piece linked above, Sudan expert Alex de Waal worries that “[Bashir] is prone to irrational outbursts and could respond in a very aggressive way.” That’s quite possible, and greater instability in the short term is a real danger. But de Waal himself has a smart post up at the Africa Policy Forum blog, arguing that Sudan requires diplomatic attention at a higher order of magnitude. Charges against Bashir could not only create accountability for atrocities in Darfur, but bring increased political resources to bear on the Sudanese crises. This could lead the international community beyond tactical crisis management, and into the realm of strategic thinking backed by requisite resources to forge a more durable peace.