More Thoughts on the ICC and Darfur

A couple of days ago, I criticized Julian’s claim that the ICC’s involvement in Darfur makes the situation there worse. I still believe that, on balance, the ICC’s involvement is positive. Nevertheless, articles like this give me pause:

Aid workers fear war crimes accusations made by the International Criminal Court against two Sudanese suspects could hamper their work in Darfur and raise an added hurdle to a proposed deployment of United Nations troops.

Khartoum has a long history of retaliating against international measures. These have often strengthened the hand of hardliners in the regime.

[snip]

[A]nalysts and relief workers believed the move could complicate efforts to bring both Khartoum and the many rebel organisations in Darfur to the negotiating table. Relief workers with non-governmental organisations (NGOs) helping some of the 2m people displaced by the conflict are also concerned that pro-government Janjaweed militia may target their staff in protest at the ICC move.

“There’s a big fear that some of the Janjaweed groups or perhaps people who have operated under him [Kushayb] might take it out on NGOs and also the UN,” said an aid worker in Khartoum.

UN staff in the town of El-Fasher in Darfur said yesterday they were on heightened alert in the wake of the ICC decision.

Although the United Nations and relief agencies are separate entities from the ICC, aid workers fear the government may seek to punish them as representatives of the wider international community.

Aid workers are also concerned that Mr Harun may use his position as a senior humanitarian official to make the onerous task of obtaining permission to work in Darfur even more difficult. Relief workers face big problems gaining permission to reach war-affected populations.

The ICC’s action raises questions over how UN humanitarian staff should liaise with Mr Harun, now that he has been named as a war crimes suspect. A UN spokeswoman in Khartoum said the world body was taking legal advice on the matter. Mr Harun was previously minister of state for the interior.

These fears, unfortunately, are all too real. At least 29 humanitarian workers have been killed in the Sudan since 1997, making it the fourth most dangerous country in which to work. 12 humanitarian workers were killed in the Darfur conflict between May and September of last year alone. And just yesterday Sudan’s Interior Minister, Al-Zubayr Bashir Taha, publicly threatened to behead anyone who attempts to arrest a Sudanese official on behalf of the Court. Fine distinctions between UN humanitarian staff and ICC officials are likely to be lost on people like him.

I still disagree with Julian about the ICC’s involvement. But I appreciate his efforts to make those of us who believe in the Court pay attention to its inadvertant costs — some of which, like the ones mentioned above, are not always obvious.