Are international criminal tribunals a disincentive to peace?: Reconciling judicial romanticism with political realism

Human Rights Quarterly

Volumn 31, Issue 3, 2009, Pages 624-654

  Akhavan, Payam ^a  

^a MCGILL UNIVERSITY   (Canada)

Author keywords

[No Author keywords available]

Indexed keywords

CRIME; GOVERNANCE APPROACH; INTERNATIONAL LAW; PEACEKEEPING; POLITICAL PROCESS; SOCIAL JUSTICE;

AFRICA;

EID: 74349114557     PISSN: 02750392     EISSN: None     Source Type: Journal    
DOI: 10.1353/hrq.0.0096     Document Type: Article

References (115)

1. See Payam Akhavan, The Yugoslav Tribunal at a Crossroads: The Dayton Peace Agreement and Beyond, 18 HUM. RTS. Q. 259 (1996);
2. Anonymous, Human Rights in Peace Negotiations, 18 HUM. RTS Q. 249 (1996).
3. Some commentators have vigorously criticized international criminal tribunals, arguing inter alia that "they have squandered billions of dollars, failed to advance human rights, and ignored the wishes of the victims they claim to represent." See Helena Cobban, Think Again: International Courts, FOREIGN POL'y, Mar./Apr. 2006, at 22, 22.
4. Jack Snyder & Leslie Vinjamuri, Trials and Errors: Principle and Pragmatism in Strategies of International Justice, INT'L SECURITY, Winter 2003/04, at 5, 6.
5. HELENA COBBAN, AMNESTY AFTER ATROCITY? HEALING NATIONS AFTER GENOCIDE AND WAR CRIMES 194 (2007). For a more general discussion on truth commissions,
6. see Jonathan D. Tepperman, Truth and Consequences, FOREIGN AFF., Mar./Apr. 2002, at 128.
7. In the words of Hannah Arendt in THE ORIGINS OF TOTALITARIANISM (1951).
8. See, e.g., Cobban, Think Again, supra note 2.
9. Kenneth A. Rodman, Darfur and the Limits of Legal Deterrence, 30 HUM. RTS. Q. 529, 560 (2008).
10. Michael P. Scharf, Jostling over Justice, FOREIGN POL'y, May/June 2006, at 6, 7.
11. For a study on contribution of international criminal justice to deterrence, see David Wippman, Atrocities, Deterrence, and the Limits of International Justice, 23 FORDHAM INT'L L.J. 473 (1999).
12. For a discussion on a necessity exception to prosecutions in certain situations, see Darryl Robinson, Serving the Interests of Justice: Amnesties, Truth Commissions and the International Criminal Court, 14 EUR. J. INT'L L. 481, 493 (2003).
13. In this respect, see the discussion on the indictment of President Bashir of Sudan below.
14. Office of the Prosecutor, Int'l Criminal Court (ICC-OTP), Paper on Some Policy Issues Before the Office of the Prosecutor (Sept. 2003), available at http://www.amicc.org/docs/OcampoPolicyPaper9-03.pdf.
15. The ICC Prosecutor has strongly condemned the strategy of sequencing ICC decisions with peace negotiations. Luis Moreno-Ocampo, Chief Prosecutor, Int'l Criminal Court, Keynote Address at the Yale Law School Conference: The Pursuit of International Criminal Justice: The Case of Darfur (6 Feb. 2009), available at http://www.icc-cpi.int/NR/rdonlyres/F04CB063-1C1 E-463E-B8FB-5ECE076FB1 E0/279792/090206-Prosecutorskeynotead-dressinYale.pdf.
16. More recently, the Congolese authorities have also arrested former insurgents who had established closer links to the government. Mathieu Ngudjolo Chui had even been integrated as a colonel into the national armed forces of the DRC when he was arrested and surrendered to the Court by the DRC authorities. See Press Release, Int'l Criminal Court, Third Detainee for the International Criminal Court: Mathieu Ngudjolo Chui (18 Jan. 2008).
17. The ICC announced in April 2009 that the third DRC investigation would focus on the Kivu provinces. Fifteenth Diplomatic Briefing of the International Criminal Court, Compilation of Statements (7 Apr. 2009), available at http://www.icc-cpi.int/NR/rdonlyres/1E5F488B-2FA9-40F4-93 78-A386AF6CBA6E/ 280246/Compilation-of-Statements-15-DS.pdf.
18. Rome Statute of the International Criminal Court, adopted 17 July 1998, art. 17, U.N. Doc. A/CONF.183/9 (1998) (entered into force 1 July 2002).
19. See, e.g., HUMAN RIGHTS WATCH (HRW), COURTING HISTORY: THE LANDMARK INTERNATIONAL CRIMINAL COURT's FIRST FIVE YEARS 41 (July 2008), available at http://hrw.org/reports/2008/icc0708/icc0708web.pdf.
20. Shortly after the referral of the situation to the ICC Prosecutor, Human Rights Watch had already called for investigations into crimes committed by government troops. See News Release, HRW, ICC: Investigate All Sides in Uganda (4 Feb. 2004), available at http://www.hrw.org/en/news/2004/02/04/ icc-investigate-all-sides-uganda.
21. See also TIM ALLEN, TRIAL JUSTICE: THE INTERNATIONAL CRIMINAL COURT AND THE LORD'S RESISTANCE ARMY 98 (2006).
22. William Schabas, First Prosecutions at the International Criminal Court, 27 HUM. RTS. L.J. 25, 31 (2006).
23. Some commentators, including Schabas, have also argued that the ICC should not have accepted Uganda's self-referral, arguing that Uganda is able and willing to prosecute the LRA leaders. Others, including the author, have argued that this situation must be analyzed under the premise of positive complementarity. See Payam Akhavan, The Lord's Resistance Army Case: Uganda's Submission of the First State Referral to the International Criminal Court, 99 AM. J. INT'L L. 403, 413 (2005).
24. For an analysis of the cooperation regime of the Rome Statute, see Rod Rastan, The Responsibility to Enforce-Connecting Justice with Unity, in THE EMERGING PRACTICE OF THE INTERNATIONAL CRIMINAL COURT 163 (Carsten Stahn ed., 2009).
25. I have argued elsewhere that "[t]his aspect of prosecutorial discretion is particularly important when investigations or prosecutions may arguably prolong or aggravate an ongoing conflict or undermine a fragile peace process." Akhavan, The Lord's Resistance Army Case, supra note 17, at 416. The Office of the Prosecutor, while emphasizing the importance of protecting victims and witnesses, has suggested that article 53(1)(c) is to be interpreted narrowly and that a decision not to proceed on the basis of the interests of justice should only be made as the last resort. ICC-OTP, Policy Paper on the Interests of Justice (Sept. 2007), available at http://www.icc-cpi.int/NR/rdonlyres/772C95C9-F54D-4321-BF09-73422BB23528/143640/ ICCOTPInterestsOfJustice.pdf.
26. See Payam Akhavan, Beyond Impunity: Can International Criminal Justice Prevent Future Atrocities?, 95 AM. J. INT'L L. 7 (2001).
27. According to Article 13(b) of the Rome Statute, the Security Council can refer a situation to the ICC Prosecutor, which triggers ICC jurisdiction also for states that have not ratified the Rome Statute or made an ad hoc declaration under Article 12(3).
28. Peace Agreement Between the Government of Sierra Leone and the Revolutionary United Front of Sierra Leone (Lomé Peace Agreement), U.N. SCOR, U.N. Doc. S/1999/777 (1999).
29. Sankoh was eventually arrested and, in 2003, indicted by the Prosecutor of the Special Court for Sierra Leone. Prosecutor v. Sankoh, Case No. SCSL 03-02-I, Indictment (7 Mar. 2003).
30. For more information on the concept of ivoirité, see JUDITH RUEFF, CÔTE D'IVOIRE: LE FEU AL PRÉ CARRÉ 22 (2004);
31. THOMAS HOFNUNG, LA CRISE EN CÔTE D'IVOIRE DIX CLÉS POUR COMPRENDRE 32 (2005).
32. See also INT'L CRISIS CROUP, CÔTE D'IVOIRE NO PEACE IN SIGHT 3 (July 2004).
33. Moreover, Ouattara, a high official of the International Monetary Fund in Washington, D.C., did not fulfill the requirement of having lived in Côte d'Ivoire for five years preceding the elections.
34. See HOFNUNC, supra note at 33. This provision produced its desired effect and the Supreme Court excluded Ouattara from the 2000 elections because of his "dubious nationality."
35. See id. at 34, 42. More than 200 people were killed due to politico-ethnic violence in the run-up to the 2000 elections.
36. See News Release, HRW, Côte d'Ivoire: Abuses Threaten Run-Up to Elections (25 May 2006), available at http://www.hrw.org/en/news/ 2006/05/23/c-te-d-ivoire-abuses-threaten-run-elections.
37. In 2001, Human Rights Watch had already reported that "[l]eading government officials in Côte d'Ivoire have incited a violent xenophobia that is threatening to destabilize the country." HRW, THE NEW RACISM (Aug. 2001), available at http://www.hrw.org/en/reports/ 2001/08/28/new-racism.
38. Brent Gregston, Rwanda Syndrome on the Ivory Coast, WORLDPRESS.ORG, 30 Nov. 2004, available at http://www. globalpolicy.org/security/issues/ivory/2004/1130rwandasyndrome.htm.
39. News Release, HRW, Côte d'Ivoire: Militias Commit Abuses with Impunity (27 Nov. 2003), available at http://www.hrw.org/en/news/2003/11/ 27/c-te-d-ivoire-militias-commit-abuses- impunity.
40. For more information on the crimes committed by pro-government militias, the recruitment of Liberian children by the government, and the abuses committed by the New Forces, including torture and summary execution, see News Release, HRW, Côte d'Ivoire: Government Recruits Child Soldiers in Liberia (28 Oct. 2005), available at http://www.hrw.org/en/news/2005/10/28/c-te-divoire- government-recruits-child-soldiers-liberia.
41. The text of the Linas-Marcoussis Accords and its annex are available in the French version of the International Crisis Group report Côte d'Ivoire: No Peace in Sight. INT'L CRISIS GROUP, CÔTE D'IVOIRE: PAS DE PAIX EN VUE 36 (July 2004).
42. HRW, COUNTRY ON A PRECIPICE: THE PRECARIOUS STATE OF HUMAN RIGHTS AND CIVILIAN PROTECTION IN COTE D'IVOIRE (May 2005), available at http://www.hrw.org/en/reports/2005/05/03/country-precipice- 0.
43. Press Release, Reporters Without Borders, Abidjan State Media Mix Propaganda, Disinformation and Incitement to Riot (10 Nov. 2004), available at http://www.rsf.org/article.php3?id-article=1 1824. RFI, in particular, had been accused since 2002 by the pro-government media of supporting the rebels.
44. See HOFNUNG, supra note 24, at 81.
45. The intervention of some 4,000 French soldiers, called "Operation Licorne," was given a mandate ex-post by the Security Council in Resolution 1464 (2003), which authorized the deployment of an additional 6,000 UN peacekeepers.
46. For more information on the role of the Licorne troops, see INT'L CRISIS GROUP, COTE D'IVOIRE:NO PEACE IN SIGHT, supra note 24, at 20;
47. RUEFF, supra note 24, at 101.
48. See Press Release, Reporters Without Borders, supra note 31.
49. Human Rights Watch reported that "spurred on by broadcasts over state radio, pro- government militias in Ivory Coast gathered their machetes and set off to attack French civilians in the commercial capital, Abidjan." News Release, HRW, Now, Protect Ivoirian Civilians (16 Nov. 2004), available at http://www.hrw.org/en/news/2004/11/16/now-protect-ivoirian-civilians.
50. Juan E. Méndez, United Nations, Statement by the Special Adviser on the Prevention of Genocide (15 Nov. 2004), available at http://www.un.org/News/dh/infocus/westafrica/mendez-15nov2004.htm. Human rights advocates openly called for a Security Council referral of the situation in Côte d'Ivoire to the ICC Prosecutor. See FIDH, FIDH Calls the Security Council to Refer the Situation in Côte d'Ivoire to the International Criminal Court, 9 Nov. 2004, available at http://www.fidh.org/FIDH-calls-the-Security-Council- to.
51. Republic of Côte d'Ivoire, Declaration Accepting the Jurisdiction of the International Criminal Court, signed 18 Apr. 2003, available at http://www.icc-cpi.int/NR/rdonlyres/74EEE201-0FED-4481-95D4-C8071087102C/ 279844/ICDEENG.pdf. See also Schabas, supra note 17, at 39. The declaration apparently aimed at bringing the rebels to justice.
52. Committee to Protect Journalists, Attacks on the Press 2004: Ivory Coast, 14 Mar. 2005, available at http://www.cpj.org/attacks04/africa04/ivory. html.
53. See HOFNUNC, supra note 24, at 73.
54. For the earlier history of northern Uganda, including the construction of the Acholi as a distinct population group in the 19th and early 20th century, see ALLEN, supra note 16, at 25-3 7.
55. For more information on the atrocities committed by the LRA, see Report of the United Nations High Commissioner for Human Rights on the Mission Undertaken by her Office to Assess the Situation on the Ground with Regard to the Abduction of Children from Northern Uganda, U.N. ESCOR, Comm'n on Hum. Rts., 58th Sess., ¶¶ 15-19, U.N. Doc. E/CN.4/2002/86 (2001);
56. HRW, STOLEN CHILDREN: ABDUCTION AND RECRUITMENT IN NORTHERN UGANDA (Mar. 2003), available at http://www.hrw.org/reports/2003/uganda0303/uganda0403.pdf; Int'l Crisis Group, Conflict History: Uganda, available at http://www. crisisgroup.org/home/index.cfm?id=2346&l=1;
57. Press Release, Security Council, Security Council Presidential Statement Demands Release of Women, Children by Lord's Resistance Army, Expeditious Conclusion of Peace Process, U.N. Doc. SC/8869 (16 Nov. 2006).
58. For an analysis of the inter-relations between the conflicts in southern Sudan, northern Uganda, and Dafur, see John Prendergast, Resolving the Three Headed War from Hell in Southern Sudan, Northern Uganda, and Darfur (Feb. 2005), available at http://www.wilsoncenter.org/events/docs/OP003.pdf.
59. See Report of the United Nations High Commissioner for Human Rights, supra note 40, at ¶¶ 32(d), 33(a).
60. Press Release, Int'l Criminal Court, President of Uganda Refers Situation Concerning the Lord's Resistance Army (LRA) to the ICC (29 Jan. 2004).
61. UN OFFICE FOR THE COORDINATION OF HUMANITARIAN AFFAIRS, CONSOLIDATED APPEALS PROCESS: UGANDA 2004, at 1 (Nov. 2003).
62. The operation was called "Operation Iron Fist II." For a brief discussion of this operation, see HRW, UPROOTED AND FORGOTTEN: IMPUNITY AND HUMAN RIGHTS ABUSES IN NORTHERN UGANDA (Sept. 2005).
63. INT'L CRISIS Group, Shock Therapy for Northern Uganda's Peace Process, Africa Briefing No. 23, 11 Apr. 2005, available at http://www.crisisgroup.org/home/index.cfm?id=3366&l=1.
64. UN OFFICE FOR THE COORDINATION OF HUMANITARIAN AFFAIRS, CONSOLIDATED APPEALS PROCESS: UGANDA 2005, at 1 (Nov. 2004).
65. Id. at 5.
66. See Otti "Executed by Uganda Rebels," BBC NEWS, 21 Dec. 2007, available at http://news.bbc.co.uk/2/hi/africa/7156284. stm.
67. These acts were particularly retaliation for "Operation Lighting Thunder," a joint operation launched in December 2008 by Uganda, the DRC, and South Sudan to defeat the LRA and arrest its leaders. The LRA retaliated by killing over 500 civilians. News Release, HRW, DR Congo: LRA Slaughters 620 in "Christmas Massacres" (17 Jan. 2009), available at http://www.hrw.org/en/news/2009/01/17/dr-congo-lra-slaughters-620-christmas- massacres.
68. Joshua Kato, Stop LRA Now, Says Aronda, NEW VISION (Kampala), 22 July 2008.
69. Local peace initiatives, such as the Acholi Religious Leaders Peace Initiative have supported the demands for amnesty and have condemned the "interference" of the ICC. See Adam Branch, International Justice, Local Injustice, DISSENT, Summer 2004, at 22. For further criticism of the ICC intervention in the situation of northern Uganda,
70. see also Adam Branch, Uganda's Civil War and the Politics of ICC Intervention, 21 ETHICS & INT'L AFF. 1 79 (2007).
71. On traditional forms of justice in Northern Uganda, such as mato oput, see ALLEN, supra note 16, at 165-68.
72. Annexure to the Agreement on Accountability and Reconciliation (19 Feb. 2008), ¶ 7, available at http://www.iccnow.org/documents/ Annexure-to-agreement-on-Account-ability-signed-today.pdf. However, after the conclusion of this agreement, the Ugandan President reportedly promised the LRA leaders that instead of trials, a "traditional blood settlement mechanism" would be used. AMNESTY INT'L, UGANDA: AGREEMENT AND ANNEX ON ACCOUNTABILITY AND RECONCILIATION FALLS SHORT OF A C OMPREHENSIVE PLAN TO END IMPUNITY 8 (Mar. 2008), available at http://www.amnesty.org/en/library/info/AFR59/001/2008.
73. The Ugandan government also committed itself to requesting the Security Council to defer the ICC investigations and prosecutions in Northern Uganda. Security Council Report, Uganda/LRA: Update Report No. 1, 11 Apr. 2008, available at http://www.securitycouncilreport.org/site/c.glKWLeMTIsG/b. 4018489/.
74. For more information, see News Release, HRW, Establishing a Special Tribunal for Kenya and the Role of the International Criminal Court (25 Mar. 2009), available at http://www.hrw.org/en/news/2009/03/25/establishing- special-tribunal-kenya-and-role- international-criminal-court.
75. See also EU in Kenya Poll Tribunal Threat, BBC NEWS, 18 Nov. 2008, available at http://news.bbc.co.uk/go/pr/fr/-/2/hi/africa/ 7736011.stm;
76. Luis Moreno-Ocampo, Chief Prosecutor, ICC, Address to the Assembly of States Parties 2 (14 Nov. 2008), available at http://www2.icc-cpi.int/NR/ rdonlyres/50F9D0FA-33A0-48B3-942E-4CFF88CA3A27/0/ICCASPASP7StatementProsecutor. pdf.
77. For a discussion on the different constituencies in international criminal law, see Frédéric Mégret, International Prosecutors: Accountability and Ethics 29-3 7 (Leuven Ctr. for Global Governance Studies, Working Paper No. 18, 2008), available at http://papers.ssrn.com/sol3/papers.cfm?abstract-id=1 313691.
78. On the alleged use of these weapons in the Darfur conflict, see AMNESTY INT'L, SUDAN: ARMS CONTINUING TO FUEL SERIOUS HUMAN RIGHTS VIOLATIONS IN DARFUR (May 2007), available at http://www.amnesty.org/ fr/library/info/AFR54/019/2007/en.
79. Greg Miller & Josh Meyer, U.S. Relies on Sudan Despite Condemning It, L.A. TIMES, 11 Jun. 2007, at A1.
80. See also Ken Silverstein, Official Pariah Sudan Valuable to America's War on Terrorism, L.A. TIMES, 29 Apr. 2005, at A1;
81. Scott Shane, C.I.A. Role in Visit of Sudan Intelligence Chief Causes Dispute Within Administration, N.Y. TIMES, 18 Jun. 2005, at A7;
82. Ewen MacAskill, CIA Recruits Sudanese to Infiltrate Arab Jihadi Groups, CUARDIAN, 12 Jun. 2007, available at http://www.guardian.co.uk/world/2007/jun/12/usa.israel;
83. RES PUBLICA, THE DARFUR RESISTANCE: WHO THEY ARE, WHAT THEY WANT, AND WHAT THEY NEED TO HELP CREATE A NEW SUDAN 28 (2006).
84. OFFICE OF THE COORDINATOR FOR COUNTERTERRORISM, U.S. DEP'T OF STATE, COUNTRY REPORTS ON TERRORISM 2006, ch. 3 (30 Apr. 2007), available at http://www.state.gov/s/ct/rls/crt/2006/82736.htm.
85. Prendergast, supra note 41, at 2.
86. See also CERARD PRUNIER, DARFUR: THE AMBIGUOUS CENO-CIDE 122 (2005);
87. JULIE FLINT & ALEX DE WAAL, DARFUR: A SHORT HISTORY OF A LONG WAR 128 (2005).
88. Referring the Situation in Darfur Since 1 July 2002 to the Prosecutor of the International Criminal Court, adopted 31 Mar. 2005, S.C. Res. 1 593, U.N. SCOR, 60th Sess., U.N. Doc. S/RES/1593 (2005).
89. Only one presidential statement was issued after the June 2008 briefing of the Prosecutor, in which the Security Council urged the government of Sudan to cooperate with the Court. Statement by the President of the Security Council, U.N. SCOR, 5912 th mtg., U.N. Doc. S/PRST/2008/21 (2008).
90. See, e.g., Darfur Mediator Says Bashir Warrant Imperils Talks, REUTERS, 26 Mar. 2009.
91. Prosecutor v. Harun, Decision on the Prosecution Application Under Article 58(7) of the Statute, ICC-02/05-01/07-1 (27 Apr. 2007).
92. Situation in Darfur, Sudan, Public Redacted Version of Prosecution's Application Under Article 58 Filed on 14 July 2008, ICC-02/05-157 (12 Sept. 2008).
93. Prosecutor v. Al Bashir, Warrant of Arrest for Omar Hassan Ahmad Al Bashir, ICC-02/05- 01/09-1 (4 Mar. 2009). The Pre-Trial Chamber confirmed the charges of war crimes and crimes against humanity but did not follow the Prosecutor's view that there were reasonable grounds to believe that Bashir had acted with genocidal intent.
94. UN Office for the Coordination of Humanitarian Affairs, Sudan: Situation Report #2 (13 Mar. 2009);
95. Darfur: UN-African Peacekeeper Shot, as Concern Grows Over Humanitarian Aid, UN NEWS CTR., 10 Mar. 2009.
96. Already after the Prosecutor's application, Sudan had denounced the ICC and threatened that it could no longer guarantee the safety of UN-AU peacekeepers in the Darfur if an arrest warrant was issued. See, e.g., Sara Darehshori & Suliman Baldo, Sudan, Justice and Peace, HRW, 16 July 2008, available at http://www.hrw.org/en/news/2008/07/15/sudan- justice-and-peace.
97. Eric Reeves, Khartoum's Expulsion of Humanitarian Organizations, SUDAN TRIBUNE, 26 Mar. 2009, available at http://www.sudantribune.com/spip.php?article30643.
98. The Prosecuter has refuted this allegation. See ICC Prosecutor Says He Received "Zero" Information from NGO's in Sudan, SUDAN TRIBUNE, 21 Mar. 2009, available at http://www.sudantribune.com/ spip.php?article30580. Reportedly the Sudanese government only waited for a chance to expel the organizations.
99. See Lynsey Addario & Lydia Polgreen, Aid Groups' Expulsion, Fears of More Misery, N.Y. TIMES, 23 Mar. 2009, at A6.
100. Sudan Leader in Qatar for Summit, BBC NEWS, 29 Mar. 2009, available at http://news.bbc.co.uk/2/hi/africa/7970892.stm.
101. Patrick Worsnip, Darfur Mediator Says Bashir Warrant Imperils Talks, REUTERS, 26 Mar. 2009.
102. Peter Heinlein, Sudan Gives Sudan's Bashir a Warm Welcome, VOA NEWS, 21 Apr. 2009, available at http://www.voanews.com/english/ 2009-04-21-voa25.cfm.
103. The New York Times observed that this "move is widely being interpreted as a way for Sudan to improve its image abroad and try to head off the possible genocide prosecution of the country's president, Omar Hassan al-Bashir, in the International Criminal Court." Jeffrey Gettleman, Sudan Arrests Militia Chief Facing Trial, N.Y. TIMES, 13 Oct. 2008, at A9.
104. Alex Perry, Defections in Darfur?., TIME, 21 Mar. 2007, at 42-43.
105. Id. at 43.
106. See HRW, Voices from Sudan, 4 Mar. 2009, available at http://www.hrw.org/en/news/2009/03/04/voices-sudan?print.
107. Sudan Declares Darfur Ceasefire, BBC NEWS, 12 Nov. 2008, available at http://news.bbc.co.uk/2/hi/africa/7724220.stm.
108. Sudan President Says Reconciliation to Precede Justice, SUDAN TRIBUNE, 8 Apr. 2009, available at http://sudantribune.com/spip.php?article30804.
109. Sudan Ex-PM Proposes Hybrid Court to Try Darfur Suspects, SUDAN TRIBUNE, 28 Mar. 2009, available at http://www.sudantribune.com/spip.php?article30667.
110. Sudan's Turabi Says Position Unchanged on Bashir and ICC, SUDAN TRIBUNE, 10 Mar. 2009, available at http://www.sudantribune.com/spip.php?article30451.
111. See, e.g., Report of the Secretary-General on the Deployment of the African-Union-United Nations Hybrid Operation in Darfur, U.N. SCOR, 1 15, U.N. Doc. S/2008/443 (7 July 2008);
112. Report of the Secretary-General on the Deployment of the African-Union-United Nations Hybrid Operation in Darfur, U.N. SCOR, 1 33, U.N. Doc. S/2008/781 (12 Dec. 2008).
113. Sudan's President Arrives in Ethiopia Amid Western Boycott, SUDAN TRIBUNE, 22 Apr. 2009, available at http://sudantribune.com/spip.php?article30957.
114. Universal Declaration of Human Rights, adopted 10 Dec. 1948, G.A. Res. 217A (III), U.N. GAOR, 3d Sess. (Resolutions, pt. 1), at 71, pmbl., U.N. Doc. A/810 (1948), reprinted in 43 AM. J. INT'L L. 127 (Supp. 1949).
115. Sara Darehshori, Op-Ed, Doing the Right Thing for Darfur-An ICC Indictment of Sudan's President Serves Peace and Justice, L.A. TIMES, 15 July 2008.