February 2, 2005
OP-ED COLUMNIST
Why Should We Shield the Killers?
By NICHOLAS D. KRISTOF
http://www.nytimes.com/2005/02/02/opinion/02kristof.html?th=&oref=login&pagewanted=print&position=

[T] wo weeks ago, President Bush gave an impassioned speech to the world about 
the need to stand for human freedom.

But this week, administration officials are skulking in the corridors of the 
United Nations, trying desperately to block a prosecution of Sudanese officials 
for crimes against humanity.

It's not that Mr. Bush sympathizes with the slaughter in Darfur. In fact, I 
take my hat off to Mr. Bush for doing more than most other world leaders to 
address ethnic cleansing there - even if it's not nearly enough. Mr. Bush has 
certainly done far more than Bill Clinton did during the Rwandan genocide.

But Mr. Bush's sympathy for Sudanese parents who are having their children 
tossed into bonfires shrivels next to his hostility to the organization that 
the U.N. wants to trust with the prosecution: the International Criminal Court. 
Administration officials so despise the court that they have become, in effect, 
the best hope of Sudanese officials seeking to avoid accountability for what 
Mr. Bush himself has called genocide.

Mr. Bush's worry is that if the International Criminal Court is legitimized, 
American officials could someday be dragged before it. The court's supporters 
counter that safeguards make that impossible. Reasonable people can differ 
about the court, but for Mr. Bush to put his ideological opposition to it over 
the welfare of the 10,000 people still dying every month in Darfur - that's 
just madness.

The issue arises partly because the Bush administration, to its credit, pushed 
the U.N. to investigate Darfur and to seek accountability for the killers. The 
result was a U.N. commission's 176-page report, released this week, that 
documents a series of crimes against humanity: people in Darfur crucified or 
thrown into fires, victims having their eyes gouged out or being dragged on the 
ground by camels, women and girls kept naked in rape camps, huts burned with 
children inside, and women forced to hand over their baby sons to be killed.

"It is undeniable that mass killings occurred in Darfur and that the killings 
were perpetrated by the government forces" and by a government-sponsored 
militia, the report said.

The U.N. commission then pulled its punches by concluding that Sudan had not 
pursued a deliberate policy of genocide - but it added: "The crimes against 
humanity and war crimes that have been committed in Darfur may be no less 
serious and heinous than genocide." As a result, the commission "strongly 
recommends" that the Security Council refer the matter to the International 
Criminal Court for prosecution, saying that is "the only credible way of 
bringing alleged perpetrators to justice."

At a practical level, it's also a way to pressure Sudan's leaders to stop a 
campaign of terror in Darfur that has already claimed at least 218,000 lives, 
according to a new British study.

Prosecution by the International Criminal Court has strong European support, 
but the Bush administration is aghast and desperately suggests prosecution 
instead by a court associated with the war crimes tribunal for Rwanda. Alas, 
that tribunal could take another year and 120,000 more deaths to start a Darfur 
prosecution.

"The I.C.C. could start tomorrow saving lives," said Kenneth Roth, the 
executive director of Human Rights Watch. "With the Rwanda tribunal route, 
you're talking about another year of killing."

The Bush administration is also struggling to find other Security Council 
members who would join it in voting against the referral to the International 
Criminal Court. I hope other countries stand firm, because my conversations 
with diplomats suggest that if the U.S. stood alone in opposition, the Bush 
administration would be too ashamed to exercise its veto and might abstain 
instead.

Kofi Annan called this week for consideration of sanctions against Sudan, and 
his voice as a leading African carries particular weight with that country's 
leaders. So, Mr. Bush, what about you? Will you push harder for a coalition for 
sanctions - forcing China to veto them if it so chooses? Will you impose a 
no-fly zone to stop Sudan's air force from strafing civilians?

After reading a report on Bill Clinton's passivity during the Rwandan genocide, 
Mr. Bush scrawled in the margin: "not on my watch." Now the Save Darfur 
Coalition (www.savedarfur.org ) has made green plastic bracelets reading, "Not 
on My Watch - Save Darfur." Mr. Bush might wear one to his State of the Union 
address tonight - and find the courage not just to denounce evil, but also to 
confront it.

Copyright 2005 The New York Times Company


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