Using Indictment as a Negotiation Tactic
Earlier this month, the prosecutor of the International Criminal Court issued an arrest warrant for Sudan’s president, Omar Hassan al-Bashir, for crimes against humanity and war crimes connected with Darfur. The warrant raises again the timeless question of peace versus justice. (See articles by Marquette visiting professor Lisa Laplante on outlawing amnesty and me on balancing peace versus justice in negotiating peace.) Is it more important to have peace on the ground (or at least hope for it) or to attain justice (in the manner of prosecutions)? Darfur presents this issue in a quite pressing manner.
Last summer, among much hand-wringing that the indictment would only make it more difficult for peace to be negotiated, Judge Richard Goldstone wrote a top-notch op-ed for the New York Times explaining the fallacy of that concern. Goldstone, as the former prosecutor for Rwanda and Yugoslavia, understands this balance between peace and justice quite well. As Goldstone notes, the peace process in Darfur is hardly working as it is.