The High Cost Of Uneforceable Moral Preening
The International Criminal Court (ICC) has no real power of enforcement. It is one of those bodies that the “one world” crowd managed to get formed and funded in hope of creating the penultimate judicial body that can adjudicate criminal complaints against political and military leaders anywhere in the world. It depends on voluntary compliance with its indictments and voluntary submission to its rule. As you might imagine, that’s not as forthcoming as its planners thought it might be – especially among the nations most in need of straightening up. Such as Sudan:
blockquote>Thousands of people protested in Khartoum on Friday after preachers condemned an International Criminal Court arrest warrant for Sudan’s president on charges of war crimes in Darfur.
It was the third day of demonstrations after the Hague-based court announced it was indicting President Omar Hassan al-Bashir on seven counts of war crimes and crimes against humanity, including murder, rape and torture.
While everyone agrees that what is happening in Darfur is a crime against humanity, it is a crime that the world has allowed to continue for almost 20 years. So one has to wonder, other than a bit of moral preening by the ICC, what utility issuing an arrest warrant for the head of state of Sudan might have. Will it actually facilitate his arrest and end the problem in Darfur? Will it improve the conditions and security for those in danger in Darfur? After all, if it is the conditions and the plight of those in Darfur that the ICC is using as the basis of its criminal complaint, wouldn’t you hope that such a move would improve that situation rather than worsen it?
As it turns out, it does “none of the above”. The issuance of the arrest warrant by the ICC has instead caused all the aid agencies working to save the refugees to be thrown out of the region on suspicion they’re passing evidence of crimes on to the ICC.
Of the 76 NGOs in Darfur with which the U.N. is working, the 13 that have been expelled account for half the aid that is distributed in the region, said Elisabeth Byrs, spokeswoman for the U.N. Office for the Coordination of Humanitarian Affairs.
Their departure would leave 1.1 million people without food, 1.5 million without medical care and more than one million without drinking water, she told the briefing.
“It will be very, very challenging for both the remaining humanitarian organizations and for the government of Sudan to fill this gap,” she said.
Of course the argument might be “we should confront evil where ever we find it” and I don’t disagree. But issuing a toothless arrest warrant that only agitates the person named to the point that over a million people are placed in peril doesn’t exactly live up to the word “confront” in my book. It is a moral “feel good” activity which may spur an immoral reaction beyond anyone’s control. And that seems to be the case here.
It is one thing to issue the sort of warrant the ICC has issued and then take the action necessary to serve and enforce it. But in the absence of that, what is the utility of issuing such a warrant without such an enforcement mechanism, especially given the range of possible negative reactions and outcomes? Whatever happens now to those million people at risk in Darfur, as a result of the ejection of the aid agencies so key to their survival, rests squarely in the lap of the ICC. I’m not arguing that al-Bashir isn’t a murdering criminal or that the world shouldn’t do what is necessary to stop his crimes against the people in Darfur. But what shouldn’t be done is hand him a reason to further endanger those people by issuing unenforceable warrants that make the rest of the world feel morally superior but actually worsens the threat against those who can’t defend themselves.