by Austin Bay
July 16, 2008For stirring drama from the moral high ground, it's tough to
beat Emile Zola's letter of 1898 to France's President Felix Faure.
"J'Accuse," Zola wrote -- "I accuse." Zola accused the French
government of wrongly convicting Alfred Dreyfus of espionage and treason,
and pressing the trumped-up charges because Dreyfus was Jewish.
Moreover, Zola concluded the entire French defense ministry had
hidden the truth and committed a heinous cover-up. Dreyfus' conviction was
later annulled -- but after he served time in the wretched French prison on
Devil's Island. The French judicial system was corrupted; the corrective
process was slow. Still, democratic France existed within the precious
sphere of "the rule of law." Poor Dreyfus received belated but deserved
This week, a senior International Criminal Court (ICC)
prosecutor decided to seek an arrest warrant for Sudan's noxious leader,
Omar Hassan al-Bashir. The prosecutor accuses Bashir of committing genocide
and other crimes against humanity in Sudan's Darfur region. No one who has
been following the savage conflict can doubt the validity of the charges
against Bashir or the other senior leaders in his despicable regime.
The prosecutor's press release lacks Zola's art, but as official
statements go it packs power:
"Evidence shows that Al Bashir masterminded and implemented a
plan to destroy in substantial part the Fur, Masalit and Zaghawa groups, on
account of their ethnicity. ... Al Bashir failed to defeat the armed
movements, so he went after the people. ... His intent was genocide."
The Fur, Masalit and Zaghawa, Darfur's predominant ethnic
groups, rebelled against what they called "favoritism towards Arabs" by
Bashir's government. Bashir claims neighboring Chad supports the rebellion,
and to a degree it does.
The United Nations estimates 300,000 people have died, and most
of the dead are Darfuri civilians. The fighting has created 2 million
The prosecutor believes that on Bashir's orders, "janjaweed"
militias have committed atrocity after atrocity -- despite the presence of
an African Union peacekeeping force. The new United Nations-African Union
peacekeeping force hasn't been effective, either.
Should the warrant be granted, the prosecutor faces a major
procedural problem: enforcing the writ.
Politically sovereign Sudan lies outside the reach of the
prosecutor's "rule of law." Send a willing policeman into Khartoum with
orders to cuff Bashir, and should the cop get off the plane, his next stop
will be a jail cell -- a cell controlled by Bashir's secret police.
Arresting an armed and well-protected thug like Bashir requires
either a coup d'etat by his opponents within Sudan or regime change by
foreign military action. Bashir's opposition, however, is fragmented.
Credible combat power -- well-armed, well-led, well-supported
soldiers with full authority to use decisive, deadly force -- can be
deployed in Darfur. That will save more lives than an arrest warrant the ICC
cannot enforce. The United Nations, however, has failed to get the
The threat of prosecution does have a symbolic purpose. Like
Zola's letter, it has media impact. It is an embarrassment for Bashir.
An actual warrant is an intimately personal form of harassment,
putting a crimp in Bashir's travel plans should he visit countries other
than rogues like North Korea or Eritrea. However, issuing the warrant may
make reaching a peace settlement more difficult. The ICC's decision to
indict Ugandan rebel leader Joseph Kony ought to give peacemakers pause.
Kony faced trial on murder and rape charges. Why make a peace when peace
Embarrassment? The threat of arrest achieves that purpose.
Harassment? An issued warrant achieve this. Imprisonment? Improbable.
Promoting a peace agreement? Uncertain.
But as a call for justice? "As they have dared, so shall I
dare," Zola wrote in "J'Accuse." "Dare to tell the truth ..."
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