ORIGINS OF THE DARFUR CONFLICT

Darfur, a desert region in western Sudan that is the size of Texas, is home to more than 4 million people from 30 ethnic tribes. The Darfur conflict has its roots in decades of drought, desertification, and overpopulation which have led black Arab nomadic tribes from northern Darfur to migrate south into a region populated by black, non-Arab African farmers. Tensions over scarce resources and the perception that Khartoum policies favor Arabs led the Sudan Liberation Movement/Army and the Justice and Equality Movement to launch attacks against government military bases in February 2003. In response, the Sudanese government launched attacks on villages suspected of sympathizing with the rebels, largely via the government-backed Janjaweed militias.

Janjaweed attacks typically begin with air raids by Sudanese fighter jets, clearing the way for invasions by the Janjaweed militias, who burn villages, kill the inhabitants, and commit mass rape. According to Amnesty International, an estimated 2.6 million people have fled as a result of the violence, 300,000 people have died, and an unknown number of women and girls have been raped. Although the Sudanese government denies backing the Janjaweed, there is overwhelming evidence that they have armed and funded these militias in one of the most brutal campaigns against a civilian population in world history.

THE ACCUSED: PRESIDENT OMAR AL-BASHIR

Born into a farming family in 1944, Omar al-Bashir joined the military at a young age and quickly rose up the ranks, serving with Egyptian forces in the 1973 war against Israel. Bashir came to power in Sudan by military coup in 1989. He has been closely allied with Islamist groups and played a central role in establishing Sharia law in northern Sudan.

President Bashir is accused of coordinating and masterminding the attacks on civilians in Darfur, while his regime suppresses information from the region by restricting the access of media and aid workers. Witnesses say the Janjaweed routinely attacks with Sudanese soldiers, often in uniform. Children’s drawings depict chillingly accurate representations of Sudanese military jets and guns. According to Human Rights Watch, Bashir’s regime has tampered with mass graves in an attempt to hide the evidence of its involvement. The US government and Human Rights Watch have accused Bashir’s regime of genocide, targeting the African Fur, Masalit, and Zaghawa tribes.

Despite overwhelming evidence, President al-Bashir continues to deny any involvement with the Janjaweed.

ICC INDICTMENT

The ICC, established by a UN agreement in 2002, is responsible for prosecuting genocide, crimes against humanity, war crimes, and crimes of aggression. The court, which considers cases referred by the UN Security Council, is designed to complement national judicial systems, and can only exercise its jurisdiction if national courts are unwilling or unable to prosecute the above crimes.

The arrest warrant issued against al-Bashir alleges war crimes and crimes against humanity, including pillaging, intentionally directing attacks against a civilian population, murder, extermination, forcible transfer, torture, and rape. The ICC stopped short of charging al-Bashir with genocide, citing insufficient evidence that al-Bashir is attempting to exterminate a group of civilians based on their ethnicity.

The warrant is the first ever issued against a sitting head of state. The ICC previously issued warrants in 2007 for Sudanese Humanitarian Affairs Minister Ahmed Haroun and the Janjaweed militia leader Ali Abdul Rahman. As of March 2009, Sudan had not presented any of the accused to the court for trial, although if they travel outside Sudan, they risk arrest and extradition.

International reaction to the indictment has been mixed. The United States, United Kingdom, and France support the arrest warrant and have urged al-Bashir to turn himself in. In contrast, the African Union expressed concerns that the ICC indictment would destabilize Sudan and derail negotiations between rebel factions and the Sudanese government. Citing similar concerns, Egypt urged a delay in enforcing the warrant. Even the Russian special envoy to Sudan, Mikhail Margelov, felt the warrant set a “dangerous precedent.”

Some nations believe that the ICC’s warrant is politically motivated. Saudi Arabia has called the indictment “a politicized decision” that will “not lead to the stability of Sudan or solve the Darfur issue.” The president of Senegal worried that the ICC has become a body to “judge Africans.” Several Arab and African governments accuse the ICC of a double standard, citing its failure to prosecute alleged war crimes by Israel against Arabs, or by the United States in Iraq and Afghanistan.

Khartoum is holding firm against the ICC decision. Mustafa Osman Ismail, a Sudanese presidential advisor, called the ICC a “mechanism of neocolonialist policy used by the West against free and independent countries.” And President al-Bashir, who declared that the ICC could “eat” the warrant, was seen dancing at a rally of 10,000 supporters the day after the indictment was announced.

AID AGENCIES EXPELLED

The day after the warrant was issued, the government of Sudan responded by ordering the immediate expulsion of 13 aid agencies from Darfur, including Save the Children, Doctors Without Borders, CARE, Oxfam, Mercy Corps, and the International Rescue Committee. The UN Office for the Coordination of Humanitarian Affairs estimates that as a result of the expulsion 1.5 million people will lack access to health care; 1.16 million will lose water, sanitation, and hygiene facilities; 1.1 million will no longer receive food aid; and emergency shelter will immediately cease in 19 camps in Darfur.

As of mid-March 2009, the World Food Program was considering a one-time, additional distribution of 2 months of food supplies to the region despite serious security concerns. Days before the expulsion, a meningitis outbreak was reported in the Kalma camp, yet plans for a Doctors Without Borders vaccination campaign to protect 800,000 people had to be suspended.

On March 11, 4 Doctors Without Borders staff were kidnapped at gunpoint by a group calling themselves the Eagles of Bashir. The government has denied involvement; however, the group confirmed the kidnapping was carried out to protest the ICC arrest warrant. These workers—including a French administrator, an Italian doctor, and a Canadian nurse—were released 3 days later, unharmed. Doctors Without Borders has pulled all of their international staff from Sudan as a result.

AID AGENCY REACTION

Aid agencies strongly protested the expulsion and asked the Sudanese government to reconsider. Christophe Fournier, president of Doctors Without Borders, said, “we are held hostage, we and the population are held hostage to political and judicial processes. And this is totally unacceptable.” Many of the expelled agencies did not explicitly comment on the ICC decision, instead reemphasizing their independence from the court.

Unfortunately, Sudan’s response creates a problem for future ICC indictments against sitting heads of state. If civilian lives will be put at risk, then there may be pressure to withhold indictments against leaders who may restrict the delivery of humanitarian aid. As of mid-March 2009, the Sudanese government shows no sign of reversing its decision.

Author's Disclosures

The author reports no conflicts of interest.