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11/02/2024 11:36:53 am

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Atrocities Continue, But Darfur War Crimes Investigation 'Shelved'

Darfur

(Photo : Reuters) Three Darfuri women sit while a military convoy advances behind them.

Citing a lack of willingness to pursue the indicted parties, on Friday the International Criminal Court's prosecutor shelved an investigation into war crimes in Sudan's Darfur region.

Fatou Bensouda placed blame across the board. African nations Kenya, Djibouti, Malawi and the Democratic Republic of Congo have been referred to the United Nations Security Council for failing to arrest Bashir when he visited, along with the country of Chad, which borders Darfur on its east, was cited three times. The council has not responded to any of the referrals.

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"Given this council's lack of foresight on what should happen in Darfur, I am left with no choice but to hibernate investigative activities in Darfur as I shift resources to other urgent cases, especially those in which trial is approaching," Bensouda said in a statement.

The International Criminal Court (ICC) indicted Sudanese President Omar Hassan al-Bashir in 2009 for war crimes, crimes against humanity and genocide. It has also charged Defense Minister Abdel Raheem Muhammad Hussein, former Interior Minister Ahmed Haroun and Janjaweed militia leader Ali Kushayb.

Despite this, none have been arrested. Sudan responded to the indictments by expelling three international agencies from Sudan and three local agencies from Darfur. 

When the Darfur conflict erupted in 2003, it quickly became a world cause célèbre when revelations of genocide and rape as a weapon of war committed by the Sudanese army and government-sanctioned militias hit the press.

Since then, however, the war slipped further and further into obscurity. While hostilities tapered off slightly in 2005, they flared up in 2010 and again last year. Humanitarian watchdogs call it one of the world's worse ongoing crises, with over 2.3 million displaced.

An estimated 400,000 were displaced in the first half of 2014 alone. At least 300,000 have died as a result of the conflict, with and unknown number victim to war crimes.

"Women and girls continue to bear the brunt of sustained attacks on innocent civilians," said Bensouda. "Victims of rapes are asking themselves how many more women should be brutally attacked for this council to appreciate the magnitude of their plight."

The move also places China in an awkward international position, as it often acts as Sudan's protector and stymies investigations and indictments through its power of veto on the United Nations Security Council.

China abstained on the council vote in 2005 that authorized the ICC to investigate Darfur but has said it has "serious reservations" about the charges against Bashir.

"We find ourselves in a stalemate that can only embolden perpetrators to continue their brutality," Bensouda said. "What is needed is a dramatic shift in this council's approach to arresting Darfur suspects."

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