An Escape from Reason: Genocide and the International Commission of Inquiry on Darfur

Abstract

The Article examines the Report of the International Commission of Inquiry on Darfur, which was set up to investigate allegations of commission of international crimes by the Government of Sudan and make appropriate recommendations. The Commission reported that there were evidences of war crimes and crimes against humanity in Darfur, but no evidence of genocide. This Article argues that, contrary to the Commission's Report, evidence of genocide could be gleaned from various data and events. The Article argues that the Commission's legal reasoning merely hides the political motive underpinning its Report and reflects the mindset of an international community that, hitherto, has been reluctant to characterize genocide in situations similar to Darfur, to avoid triggering obligations entailed under the Genocide Convention – the obligation to prevent, suppress and punish genocide.

Keywords: Sudan, Darfur, Security Council, War Crimes, Crimes Against Humanity, Genocide, Ethinic Cleansing, ICC