The Power Issue: Ilios Volume I, Issue 1

Page 37

Boateng 33

A much more effective solution for ending the genocide in Darfur has been proposed by Nsongura Udombana, Director of the Human Rights Center at the Central European University in Budapest. Udombana argues that the Government of Sudan has committed grave international crimes in Darfur which justify a humanitarian military intervention, primarily because the use of diplomacy, including the ICC, has failed in halting the mayhem (Udombana 1151). While the UN Charter enshrines the norm of sovereignty and adheres to a strict policy of nonintervention, there are two exceptions to the prohibition of the use of force by state actors. The use of force is allowed under the guidelines set forth by the UN Charter in cases of individual or collective selfdefense and collective security under the authorization of the United Nations Security Council (Udombana 1160). The Security Council has the mandate to “determine the existence of a threat to the peace, breach of the peace, or act of aggression, and to take measures to maintain or restore the international peace and security, including the use of force” (Udombana 1161). Under these pretenses, a military humanitarian intervention in Darfur is justified in order to bring an end to the genocide perpetuated by the government of Sudan. An example of a successful, U.S. planned, post-Cold War humanitarian military intervention is Operation Provide Comfort which was “in response to Iraqi repression of the Kurds in northern Iraq and the Shiites and Marsh Arabs in the south” (Udombana 1170). After the UN Security Council passed a resolution condemning Iraq and calling upon the country to bring about an end to the repression, the United States and its allies felt that “Resolution 688, plus earlier resolutions, ‘were sufficient to build a ‘legal bridge’ to Operation Provide Comfort in northern Iraq and no-fly zones in both the north and south’” (Udombana 1170). The lack of power which the ICC faces when attempting to end the genocide in Darfur stems from the long guarded “principles of sovereignty and nonintervention [which are] essential


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