Darfur: Peacekeeping and Atrocity Crimes Don't Mix

Posted by Enough Team on Nov 21, 2012

On November 13, 2012 the U.N./African Union Mission in Darfur, or
UNAMID, made the decision to provide "medevac" (medical evacuation) to
approximately 12 Sudan Armed Forces soldiers wounded following heavy
fighting with rebel forces in North Darfur. The injured were taken to
the city of el-Fasher, location of the primary SAF military base in
Darfur. Such military clashes between the SAF and rebel forces have
been escalating for many months, as has violence against civilians,
especially by Khartoum's proxy forces in Darfur. All this occurs even
as UNAMID has resolutely insisted that fighting and violence have
diminished, thus justifying a draw-down in forces. But the grim truth
is that UNAMID can't sustain an adequate security presence for the
vast majority of locations in Darfur now threatened by violence from
Khartoum-allied militia forces.

Why, then, would UNAMID choose to deploy its already vastly inadequate
resources to evacuating Khartoum's combatants? The question is
especially exigent since such medevac forms no part of UNAMID's
mandate or the lengthy Status of Forces Agreement signed by Khartoum
and the U.N./A.U. in February 2008.

To be sure, UNAMID spokesman Chris Cycmanick is narrowly accurate in
declaring that this medevac does not directly contravene International
Humanitarian Law (the medevac was "completely in line with
International Humanitarian Law"), and several of the Geneva
Conventions are clear on the legality of medical evacuation. But
Cycmanick seriously misrepresents the situation by declaring medevac
of SAF soldiers is part of the "core requirement of international
humanitarian law, which falls under the Mission’s mandate."
International Humanitarian Law certainly governs the UNAMID mandate
and the actions of UNAMID; but again, there is not one word about
medical evacuation of combatants. On the contrary, the meaningful
language of the mandate is given over entirely to specifying the
obligations of the peacekeeping force to protect civilians and
humanitarians—this is the "core" task, and to suggest otherwise is
simply disingenuous.

Moreover, on the key question of International Human Rights Law,
Cycmanick is conspicuously silent. This is understandable, given
UNAMID's acquiescence before Khartoum's egregious violations of
International Human Rights Law, as well as International Humanitarian
Law, during the mission's entire time in Darfur.

Indeed, the regime has declared its contempt for international law—and
U.N. peacekeepers—throughout greater Sudan. This was grimly evident on
August 2, 2011, when SAF officers refused to allow for the urgent
medevac of three mortally wounded U.N. peacekeepers in the volatile
Abyei region. Despite repeated attempts to secure permission from the
SAF in Kadugli, South Kordofan for helicopter evacuation, the U.N. was
continually rebuffed until it had become too late. One of the mortally
wounded soldiers would have likely survived if he had reached Kadugli
earlier. Alain Le Roy, then head of U.N. peacekeeping, declared
bluntly that, "We didn't get the clearance for the Medevac helicopter
to take off immediately. They [Khartoum's SAF] prevented us to take
off by threatening to shoot at the helicopter."

Does the U.N. really wish to be assisting the combatants of a regime
that wages war in this fashion?

In fact, the key issue unaddressed by Cycmanick is UNAMID's evident
failure to understand the implications of the "U.N. Human Rights Due
Diligence Policy on U.N. support to non-U.N. security forces," or
HRDDP, endorsed by the U.N. Secretariat in July 2011. No doubt the
Democratic Republic of Congo loomed largest in thinking about the
issues involved in such "due diligence," but the purpose of HRDDP is
just as relevant to Darfur. For the policy is designed to ensure that
no U.N. support of any kind is provided—directly or indirectly—to army
or security forces that are engaged in or likely to engage in grave
violations of International Human Rights Law. Yet even as Khartoum
cynically claims for itself the responsibility to provide "security"
for the people of Darfur, nothing could be clearer than that both the
SAF and its militia proxies remain engaged in widespread atrocity
crimes—most recently in a series of deadly attacks in North Darfur,
including one on a UNAMID investigating patrol headed to the Hashaba
region. This well-planned attack, by a pro-regime militia, deployed
unusually heavy weaponry and was clearly designed to prevent U.N.
investigation of earlier atrocity crimes in Hashaba.

UNAMID's resources are inadequate and its leadership corrupt, as this
perverse medevac decision starkly reveals. Moreover, we are only now
learning that in addition to the current large draw-down of UNAMID
personnel, the late-deployed fleet of Ethiopian helicopter gunships
that was key in the limited provision of security was withdrawn in
October. UNAMID is more impotent and less mobile than ever. Give the
directives of HRDDP and the acute civilian protection needs throughout
Darfur, there was no justification for this medevac of SAF soldiers.
No doubt SAF officers illegally threatened UNAMID with serious
reprisals if it failed to heed their demand, and courage would have
been required to deny the request—precisely what UNAMID leadership
lacks.

Eric Reeves is a professor of English at Smith College. He has
published extensively on Sudan, nationally and internationally, for
more than a decade. His book on Darfur—A Long Day’s Dying: Critical
Moments in the Darfur Genocide—was published in 2007. Compromising
with Evil: An Archival History of Greater Sudan, 2007 – 2012, an
ebook, was released in October 2012.

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