Doing the right thing for Darfur

International negotiators, understandably anxious to secure peace, were silent on the issue of accountability for fear of its effect on the peace talks; perpetrators of the most serious crimes were never held to account. When the Darfur insurgency began in 2003 -- during negotiations between the north and south -- the Sudanese government returned to the same old tactics, committing widespread attacks on civilians in Darfur.

Today, it remains true that most of the international attempts to persuade Khartoum to end the violence in Darfur have resulted in little cooperation. In particular, relative silence on accountability and justice issues in Sudan has yielded extremely limited concessions from Sudan.

When the ICC issued the first two warrants against suspects in Darfur, the Security Council did not speak out against Khartoum's blatant refusal to carry out the warrants. (Not only did Khartoum refuse to turn over those who were indicted, but one was promoted within the government.) Apparently the Security Council hoped that downplaying justice would help in the deployment of peacekeeping forces or compliance with the peace agreement. However, despite a resolution authorizing a U.N. peacekeeping force in Darfur, Khartoum continues to obstruct full deployment. Few bases have been established, and the forces are at barely a third of their authorized capacity.

Now there is concern that a Bashir warrant from the ICC will in particular threaten humanitarian efforts in Darfur. Last week, seven U.N. peacekeepers were killed by attackers whose identities are still uncertain.

But with or without the Bashir warrant, the government of Sudan remains obligated under international law to ensure the full, safe and unhindered access of relief personnel to all those in need in Darfur. Attacks against personnel involved in a humanitarian or peacekeeping mission constitute war crimes. It is up to the Security Council to take measures, such as targeted sanctions, to ensure that Sudan abides by its obligations under international law.

In June, the Security Council issued a unanimous statement calling for Sudan to cooperate with the ICC. That reaffirmed the council's historic commitment to bring justice to victims in Darfur. The international community should now stand with the ICC as it considers warrants against Bashir, which is a further step toward meaningful accountability for the massive crimes in the region.

As one Darfur refugee put it to me, "There is no justice in Sudan. If there was, we would not be here."