Military

01 February 2005

War Crimes Committed in Darfur, United Nations Finds

Commission says evidence does not support charge of genocide

By Judy Aita
Washington File United Nations Correspondent

United Nations -- An international commission has concluded that the government of Sudan did not pursue a policy of genocide in Darfur, but crimes against humanity and war crimes have been committed that "may be no less serious and heinous than genocide."

"A body of reliable information indicates that war crimes may have been committed on a large scale, at times even as part of a plan or a policy," the International Commission of Inquiry on Darfur said January 31.  "There is also a wealth of credible material which suggests that criminal acts were committed as part of widespread or systematic attacks directed against the civilian population.

"In the opinion of the commission, therefore, these may amount to crimes against humanity."

Even though the commission concluded that the Sudanese government did not pursue a policy of genocide, it stressed that such a finding "should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region.

"International offenses such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide," it said.

In some instances individuals, including government officials, may have committed acts with genocidal intent, the commission also said.

The commission is turning over the names of alleged perpetrators and corroborating evidence to international authorities for prosecution.

The commission's report on Darfur was given to the U.N. Security Council January 31.  The council had requested establishment of the commission in September 2004.  U.N. Secretary-General Kofi Annan chose a five-member panel to investigate reports of violations of international humanitarian law and human rights law in Darfur by all sides, to determine whether acts of genocide have occurred, and to identify the perpetrators.

The report, which is more than 150 pages, details atrocities committed by the government of Sudan, its Jingaweit militia, and other local militias in Darfur that have forced more than 1.8 million to flee their homes.  It includes case studies and discussions of international law, and is heavily footnoted.

The Sudanese government and Jingaweit "were responsible for serious violations of international human rights and humanitarian law amounting to crimes under international law," the commission said.  It did not find any evidence of widespread or systematic attacks against civilians by rebel groups.

The commission found that even though all parties committed crimes against civilians, "the Government of Sudan and the Jingaweit bear responsibility for an overwhelming majority of the murders of civilians during the conflict in Darfur."

Most of the civilians killed by the government and militias are, "in a strikingly consistent manner," from the same tribes, it said.

The commission found that "government forces and militias conducted indiscriminate attacks, including killing of civilians, torture, enforced displacement, throughout Darfur.  These acts were conducted on a widespread and systematic basis, and therefore may amount to crimes against humanity," it said.

But a crucial element of genocide "appears to be missing at least as far as central government authorities are concerned," the commission said.

Evidence was not present to show that the attacks were intended to annihilate a group on racial, ethnic, national or religious grounds, it said.  "Rather, it would seem that those who planned and organized attacks on villages pursued the intent to drive the victims from their homes, primarily for purposes of counter-insurgency warfare."

The commission found that "most attacks were deliberately and indiscriminately directed against civilians."  In instances where rebels were in villages, evidence shows that "the use of military force [against civilians] was manifestly disproportionate to any threat posed by the rebels."

The commission also established that there were "clear links" between the government of Sudan and the Jingaweit militia.  The militia received weapons and regular supplies of ammunition and some groups received a monthly salary from the state.

Althouhg the commission did not have exact figures on the number of active Jingaweit, it said that there were at least 16 reported camps, one of which had about 7,000 members.

The exact number of villages burnt or destroyed has not been counted, but estimates range from more than 700 to 2,000, the commission said.

The commission emphasized that the attacks, killings, rapes, pillaging and forced displacement continued while its investigation was going on and said that "action must be taken urgently" to end the violations.

The commission said that the perpetrators are individuals, including government officials, members of militia forces, members of rebel groups, and foreign army officers acting in their personal capacity.  Some government officials and militia members might be responsible for committing the crimes and others are identified for alleged involvement in planning or ordering the commission of crimes.

The names of those identified are in a sealed file that the commission turned over to the secretary-general with the recommendation that it be handed over to "a competent prosecutor."

The Sudanese justice system "is unable and unwilling to address the situation in Darfur," the commission said.  Khartoum's efforts to address the crisis "have been both grossly inadequate and ineffective, which has contributed to the climate of almost total impunity for human rights violations in Darfur," the commission said.

In the report, war crimes are described as "any serious violation of international humanitarian law committed in the course of an international or internal armed conflict."  Crimes against humanity are described as "particularly odious offenses constituting serious attacks on human dignity or a grave humiliation or degradation of one or more human beings.” What distinguishes crimes against humanity from war crimes, it says, "is that they "constitute part of a widespread or systematic practice of atrocities or attacks committed against the civilian population."

Members of the commission are Chairman Antonio Cassese of Italy, Mohamed Fayek of Egypt, Hina Jilani of Pakistan, Dumisa Ntsebeza of South Africa and Theresa Striggner-Scott of Ghana.

(The Washington File is a product of the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)