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...Sudan. It blocked a basic press statement from the UN Security Council that would have condemned Khartoum for this retaliatory injustice. The African Union and the Organization of the Islamic Conference, two potential sources of international support in the region, remain silent, and are unlikely to act against al-Bashir...

Author: By Noah M. Silver | Title: Collaborative Justice | 3/17/2009 | See Source »

...With these grim results, risking Darfuri lives for a poorly structured indictment process has proven tantamount to manslaughter—or at least gross negligence. Policymakers expected this reaction from al-Bashir. Shortly before Ocampo issued the indictment in July, a reporter asked him whether he thought the potentially terrible consequences of the arrest warrant would be his fault. Ocampo cavalierly replied, “Today they are being killed. Today they are being destroyed and have no hopes...

Author: By Noah M. Silver | Title: Collaborative Justice | 3/17/2009 | See Source »

...destroyed and would have hope. It is not that easy. Even if the situation had improved, Ocampo’s individualistic view of the indictment process would still be untenable. It overestimates the impact of one body—whether it is Ocampo or the ICC on al-Bashir or al-Bashir on Darfur. The recent backlash does not invalidate international law as a force of justice. It invalidates international law as a blunt instrument, used by prosecutors like Ocampo...

Author: By Noah M. Silver | Title: Collaborative Justice | 3/17/2009 | See Source »

...Al-Bashir shut down these NGOs not only to prevent an alleged conspiracy, but also to reassert his political might in this uncertain time. That is why the indictment was so wrongheaded in the first place—millions of lives have been compromised for what has become a P.R. stunt...

Author: By Noah M. Silver | Title: Collaborative Justice | 3/17/2009 | See Source »

...Political problems call for political solutions. A viable case against al-Bashir would be one that respected his Sudanese sovereignty. ICC efforts that involved state actors in Darfur, specifically Sudanese judges, would lend this international legal action domestic legitimacy among oppressed and propagandized Darfuris. This collaborative and respectful approach is the only road to justice...

Author: By Noah M. Silver | Title: Collaborative Justice | 3/17/2009 | See Source »

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