Prosecuting Genocide
July 17, 2008
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July 17, 2998
Many aid workers and diplomats suffered a panic attack when the chief prosecutor of the International Criminal Court sought an arrest warrant this week for the president of Sudan, Omar Hassan al-Bashir, for committing genocide. They feared that Mr. Bashir would retaliate by attacking peacekeepers and humanitarian workers.
But instead of wringing our hands, we should be applauding. The prosecution for genocide is a historic step that also creates an opportunity in Sudan, particularly if China can now be induced and shamed into suspending the transfer of weapons used to slaughter civilians in Darfur.
If China continues — it is the main supplier of arms used in the genocide — then it may itself be in violation of the 1948 Genocide Convention. Article III of the convention declares that one of the punishable crimes is “complicity in genocide”; that’s the crime that China may be committing if it goes on supplying arms used for genocide, even after the I.C.C. has begun criminal proceedings against the purchaser of those weapons.
Beijing seems unabashed. Incredibly, China and Russia are acting as Mr. Bashir’s lawyers, quietly urging the United Nations Security Council to intervene to delay criminal proceedings against him. Such a delay is a bad idea, unless Mr. Bashir agrees to go into exile.
Still, China does care about its image. Beijing supplied arms to Pol Pot’s genocidal regime in Cambodia but later distanced itself from the Khmer Rouge as international criticism grew. China also supported Slobodan Milosevic until he was indicted, but then almost immediately let him hang out to dry.
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