Darfur: Victimizing the Criminals

Sudan has been undergoing a civil war for several decades. Various tribal and religious groups and inhabitants of different regions have been engaged in a bloody conflict for a number of complex reasons, primarily centered around rights to self—determination. Human Rights violations have increased since the beginning of the conflict. In its effort to suppress the local insurgency, the government in Khartoum has armed militias that commit horrendous war crimes. The brutality of the militias led many people to flee to other countries or to refugee camps held by non-governmental organizations, such as Médecins Sans Frontières.

On May 30th, Paul Foreman, coordinator for Médecins Sans Frontières (MSF) in Darfur, was arrested by the authorities and accused of "crimes against the state, publishing false reports, spying and undermining Sudanese society." Later, he was released on bail without having the charges against him dropped. Previously, Vincent Hoedt, another worker of MSF, was arrested and charged with similar offenses.

The cause of the government's fury was Foreman's outspoken reference to the MSF report published on March 8th, "The Crushing Burden of Rape: Sexual Violence in Darfur". This report documented numerous cases of rape, some resulting in pregnancies of girls as young as 12 years old that occurred between October 2004 and February 2005.

Many rape victims are afraid to report their ordeals to the police and authorities because in 81% of cases reported to MSF the criminals were military men or people affiliated with a militia. As a result of social stigma and the Islamic Sharia, if women are known to be pregnant outside of marriage, even as a result of rape, they are subjected to the death penalty by stoning. Hence, raped women are considered criminals rather than victims and are not given the proper help, rehabilitation and treatment.

In 28% of cases, women say that they have been raped more than one time. Some women have been raped by several men at once. MSF writes that in 82% of cases, the sexual assaults occurred while people performed their daily activities. Not only is sexual violence used, but also physical violence including beating with sticks, whips and axes. Some victims suffered broken bones, as discovered by MSF doctors during check-ups.

The Americans have asked the government in Khartoum to disarm the militia, and Kofi Annan has called upon the international community for help. Women and children, as in most conflicts, have been the most vulnerable and have had to endure rape without seeking justice. The Sudanese government is no longer protecting its population and is moreover accusing civil society organizations of "crimes against the state" for denouncing human rights violations and cases of inhuman treatment.

The International Court of Justice is now investigating war crimes committed in Darfur without the cooperation of the Sudanese government. Khartoum has decided to create its own court to bring these cases to justice. But under Sudanese jurisdiction many rightly fear that criminals will go unpunished. Must a second Rwanda happen before the international community reacts? If the Sudanese government wants to gain credibility, Paul Foreman needs to be freed of all charges, the militia should be disarmed, women and minorities should be protected, and international civil society organizations must be allowed to operate without fear in helping the victims of Darfur.