Sudan: Proving a Genocide
By: AARON LUTKOWITZ
Advocates for Human Rights Feature
Dr. John Hagan from Northwestern University came to UNC last month to lead a discussion on the genocide in Darfur. The focus of the talk was mostly on a legal concern: how can it be proven in an international court that the atrocities in Darfur are considered genocide.
This should seem ridiculous. In a nation where hundreds of thousands have been killed and millions of Sudanese have been displaced in Darfur in West Sudan, it seems absurd that genocide would not be the charge indicted. However, due to Hagan’s work and those like him, they are slowly finding enough substantial proof to show that Darfur has experienced genocide.
Article II of the 1948 Genocide Convention defines genocide as the intention to destroy a group based on national, ethnic, racial, or religious reasons. One key omission in this definition is motivation by political reasons; instead, human rights violations based on political reasons falls under a different, less legally stringent category.
To help prove that the Darfur genocide meets the definition, Hagan’s team arranged the interviews for thousands of refugees in various camps around Darfur and Sudan. The surveys demonstrated that the atrocities fit within the definition of genocide. They asked minority groups why their tribes have been displaced, raped and killed. The surveys could prove essential in a hearing at the International Criminal Court.
The surveys also served a number of other purposes. International aid workers performing incredible tasks in Darfur are able to use the surveys to assess the immediate needs that these war refugees face.
The survey experience is also directly helpful to the refugees. There are hundreds of thousands of people who have faced unbelievable atrocities. They have never had anyone from the outside world listen to their stories. The interviews provide a forum for them to express their stories. In addition, many of the interviews, which started as one-on-one surveys, quickly turned into community events in which entire tribes sat and told their stories together. The interviews served as a bonding and healing experience for many.
Professor Hagan remains committed to providing legal proof that genocide occurred. His ultimate goal is to indict Sudan’s president Omar al-Bashir and leaders of the Janjaweed militia on charges of genocide, and with the help of a relatively small number of helpers, he may very well succeed in his ambition.