Instead, Moreno-Ocampo alleges that a Sudanese government official and a \o7janjaweed\f7 militia commander bear responsibility for war crimes and crimes against humanity, including brutal attacks against civilians in Darfur. He has made a smart choice; better to prosecute these perpetrators on provable grounds than try to make a symbolic statement about genocide and risk losing the case.
Taking these developments together, one has to wonder whether genocide can be proved in a court of law. It has rarely been prosecuted and even more rarely been a basis for conviction. Some may even be inclined to do away with the term altogether.
But that would be shortsighted. The Serbia-Bosnia decision and the Darfur allegations should be seen for what they are: specific approaches that are part of a wider effort to halt atrocities against civilians. The Genocide Convention is not only a tool for international courts. It should still spur nations to intervene to prevent genocide.
More important, governments should get beyond the semantics. No matter what we call them, we know horrible atrocities when we see them. Such crimes, on their own, should be met with political, humanitarian and, when necessary, forceful responses.
The people of Bosnia and Darfur should be able to look to other nations for support. Clearly, they cannot rely on courts alone.
