Encouraging National Dialogue in South Sudan in the Hope of Peace

Oral intervention to be given by the Next Century Foundation at the 37th Session of the United Nations Human Rights Council in Geneva on the 13th of March 2018. Interactive Dialogue on Item 4, South Sudan

Mr President, the Next Century Foundation wishes to speak today about encouraging peaceful and inclusive dialogue for South Sudan and appeals to the United Nations to promote this dialogue. The human cost of the long-running Civil War in the Republic of South Sudan has been catastrophic. Millions of people have been displaced, millions face starvation and even famine and hundreds of thousands have been killed. Progressive steps and a national dialogue are imperative in bringing an end to the human suffering this Civil War has caused.

The Next Century Foundation strongly believes that national dialogue is in the interest of those who wish to see peace in South Sudan. Such dialogue should not be restricted in any way and should be inclusive to all those who are party to the conflict. Therefore, whilst we acknowledge the efforts that have been made via the January and February 2018 establishment of peace talks between the government and opposition delegations, we believe it is important that the former Vice President Riek Machar is included. The perceived opposition leader is currently in exile in South Africa and his access to the South Sudanese peace process is incredibly limited despite being a long-standing key figure in the country’s politics and the Civil War. The NCF believes that it would be beneficial for a national dialogue to include the former Vice President so that all sides can work cohesively to address the great issues facing South Sudan and to finally bring an end to the suffering of the South Sudanese people. The Next Century Foundation calls upon the Government of South Africa to stop its grossly counterproductive detention of South Sudan’s Vice President, an act which is both unethical and illegal.

Despite the push for peace talks and dialogue, there have been continued difficulties in moving the talks forward. The African Union, Intergovernmental Authority on International Development and the UN have asserted that “measures should be taken against the so-called spoilers of peace and negotiation”. Inflammatory and controversial decisions and actions are not conducive to progress and have the potential to hinder the peace process. We urge all parties to observe and respect the December ceasefire. Machar’s spokesperson has recently been sentenced to death by the South Sudanese government for alleged treason, an act which of itself is a violation of the ceasefire agreement and has contributed to tensions.

We understand that the situation in South Sudan is complex and difficult, but we consider peace to lie in the nation’s future. This will require international support and commitment and, most importantly, the commitment and participation of all South Sudanese factions in the realisation of a progressive national dialogue. Thank you.

Don’t Forget Me

And, sir, it is no little thing to make mine eyes to sweat compassion”, (William Shakespeare, Coriolanus).

This is my last blog post for The Next Century Foundation. During my time at the NCF, I addressed several hot issues, speaking about different situations and topics, even very controversial ones, which have sometimes generated harsh reactions. I suppose it is inevitable if you are speaking about politics, human rights, dictators, victims or perpetrators. These social fabrications give us a social identity and lead us to often take on conflicting and controversial positions, dictated by interests, simple visions or specific goals. In such circumstances, the “political animal” inside each of us reveals itself trying to impose its own point of view.

However, in spite of the ideas and values that humans can have, every person is made up of feelings and emotions. Before being classified as political animals, humans are sentient beings, with emotions and feelings which define us and make us unique. The same sort of emotions and feelings that are gradually being extinguished with the frenetic and uncontrolled evolution of this world. And today, I want to talk about this. Today I want to talk about who we are. Today, I want to write about the emotions, hopes and feelings that define us and how this world is changing them. And I will do it by speaking through the lense of one of the generations that, more than any other, is experiencing this change in full; a generation that particularly expresses the contradictions of our society but also the dreams and the betrayed hopes: my generation, that of the Millennials.

We live in strange times. Times of great uncertainties, immense fears, incessant and fast changes. I am the son of a generation that has been living through the golden years of development, where entrepreneurs would invest in the job market and believed in the value of their employees. Years where politicians would constantly strive to find new ways to improve people’s lives. The high level of births, the prolific job market, the certainty of the future, the first and the second car, big savings, the summer holidays by the sea or in the mountains. And then the great investments, the incentives to progress, research and development, the high general morale, the man on the moon, the hope for a future of well-being for everyone.

But sometimes expectations about the future are bigger than what reality has to offer and, just like a bubble that swells excessively, sooner or later reality explodes right in your face. And here, all of a sudden, we have a system where the excessive well-being and the immeasurable potential of the third industrial revolution clashes with the individual economic interest. The big industries and multinationals come into play and alter the balance. Human greed grows stronger and stronger while the big multinationals knock on the doors of politics for some “boosts”. And there you go; the first agreements born to maximize profits by damaging workers’ rights; national factories shutting down to re-open in those countries where labor costs 1$ a day, or renegotiating workers’ union achievements with politicians in exchange for a few bribes or support during election campaigns; the high transnational finance getting hold of large company shares and becoming the main protagonist of a new global perverse game. The cost of labor for multinational companies drops dramatically while working hours increase. As a consequence, the price of produced goods decreases. Small and medium-sized businesses close or fail for they cannot compete with similar standards, whereas those able to make it through are the big names of industry or those entrepreneurs who, through criminal support, have managed to reach out to and influence politicians to get some extra procurement contracts or personal favors. The West becomes the center of unbridled capitalism, with no rules, with no ethics or respect. Everyone for themselves. It is against this backdrop that my generation, the Millennials, is born. The first true generation without any clue about its future.

The final blow comes with 2000 and all its technological capacity. It started with the first mobile phones and laptops on a large scale, up to smartphones and tablets. Technology moves; the great giants of Apple, Microsoft, Google, Facebook and Amazon develop; technological power becomes incredibly significant. And here’s Black Friday, the purchases with a click, the ads in every corner of the city, superfast transportation and trains in the underground every minute. The illusion of a world as a global, super-technological and limitless village is born. A sense that all this frantic lifestyle is necessary and inevitable emerges.

The savings of our parents are spent in this super-technological world while employment becomes more and more an urban legend. The new contemporary frontier of slavery 2.0 is born. Jobs poorly paid with meal vouchers; fixed-term contracts; easier layoffs; unbearable working hours. The prediction of Charlie Chaplin in his movie, Modern Times, comes true. Man becomes a productive factor with no rights, little money and a need to spend money without worrying too much about the future. It is the betrayal of the dream of a global Californication that we all expected: a happy world with more freedom and less problems to think about; a world where everyone can work and build a better and sustainable future.

But man’s greediness has shattered this dream. The betrayal from a global political class of spineless servants of high finance and powerful world lobbies has sanctioned the end of this dream. And while constitutions drown in an ocean of decay, my question is, what is left of all this?

On the one hand, there is an army of clueless kids, educated in the best prep schools which are financed by international magnates, who repeat as robots notions of economic and political theories aired on televisions and published in newspapers by those same people responsible for such a global delirium. Those same theories that legitimized the unbridled capitalism that is crushing us; theories such as those of the great industrialization or those that ultimately justified the plundering of the marvelous African countries or wars of interest such as those in Iraq or Libya.

On the other hand, there are people who live in the moment, who believe in what the World tells them to believe, only able to find their own identity in the television culture of the Big Brother, phony talk shows or in the trashy pop-porn culture spread throughout the day by MTV. George Orwell’s predictions have never been so true, huh?

And then, what remains is a people of perfect strangers.

I turn around every day, in the train, on the bus, down the street, and I see hundreds of people far away. People with a blank look on their face, lost in the void or on the screen of their smartphones. Lonely, sad, aloof people, with not much of humanity left; people walking quickly through the streets remorselessly hitting whomever is in their path because they are too intent on continuing their virtual conversation with someone miles away; people unable to express emotions or feelings; people too busy masking their loneliness behind the perfect image of their virtually perfect life on Instagram; depressed people no longer connected to reality; people who get together and break up through a telephone because they are incapable and afraid of meeting or knowing each other in a normal, real, natural way. And finally, people unable to associate, to connect, to unite and resist the power, or to oppose unjust decisions.

So what is left of feelings, of humanity, of us being people? For some reason, I’ve always been afraid to answer this question. Particularly, in the last period of my life.

During my time at The Next Century Foundation, I have been able to reflect a lot on politics, religion, people and the complicated relationships that bind us to each other and that bind us to society. I have not really ever considered anything I am writing right now. Not because I did not think about it but rather because this complex machine of intertwined relations, politics, economy, religion and power is difficult to fully understand and, above all, to make it work. And in this sense, in the end you end up accepting it because you understand that things are almost always impossible to change, peace will always be difficult to establish, power will always preserve itself and religion will always be used as a political tool to manipulate the masses. So, almost passively, you end up accepting the status quo of things. Almost like a condition of the universe, immovable and immanent. Everything has always been this way and it will always be this way.

At least until this World decides you are the next target and this status quo affects you in person, lashing out at you with all its strength. And then everything changes. You withdraw, let yourself down, look for explanations, seek yourself and your role in the world. You frantically turn around to find yourself, unsuccessfully. And you cannot help but compare your situation to that of the contemporary world, that of a world that perhaps will never change; and that of the Millennials, that of a simple person surrounded by lonely individuals, unable to sense or feel emotions in one of the largest cities in the world. You wonder if maybe it is just the natural order of things that you eventually have to accept, because perhaps that is how it works, because it has always been and will always be like this. In the last few months of my life, I have been looking for an answer to this question, without luck.

Until something happens; that deus ex machina you need to get you out of trouble. And here comes the answer to your questions. Something that helps you to understand; something like a trip to Holland, a beer with a trusted friend, an exhibition of an artist or walking in the rain in the streets of London without a destination. And it is at that precise moment that when you look into people’s eyes – those you’ve been so reluctant about or that you’ve lost hope in – you suddenly see something different, something you’ve never seen before, something that changes your perspective. And you can suddenly feel a vibe, a feeling, a sparkle that leads you through their eyes. And, like a flash in a pan, you are able to feel all the power and the emotions that each of them has locked within and that can be conveyed through their story or personality. Pure energy, pure emotions, pure humanity. The people’s smiling faces at the Tulip market in Amsterdam; the encouraging wink of a friend down at the pub that – around a pint and some good indie-rock in the background – shows you the right way of looking at things; the power of humanity in the symbolic life scenes of Banksy’s works that lead you to reflect on the true nature of people and humanity; the feeling of the rain falling on your skin in the gray of London’s streets that brings you back to life and connects you to reality again. Your prospects start to change and now you can see things differently. Suddenly you can find an answer to that question in that stream of people and things around you.

And, like a flashback, everything suddenly made sense.

During my time at the Next Century Foundation, I met ambassadors, Lords, religious leaders; I even spoke to the World for 2 minutes before the UN Human Rights Council. All exceptional experiences. However, I now understand that none of these experiences would have made sense without a particular detail that each of them has in common, the confrontation with people. Before the NCF I had not realized how even simply talking with people is essential; how much people can express through their words, their looks or their smiles. And, above all, I had not realized how effective it is to be able to talk with them to try to solve problems.

This is exactly what humanity is. Humanity is talking, confronting each other, solving problems together, uniting different and opposite perspectives. When you can achieve that; when you can take your eyes off your smartphone for a moment and you turn around; when you abandon the social and political fabrications for a moment and drop the mask they gave you, it is only then that you see potential and opportunities in those stranger’s faces rather than indifference and solitude. In that precise moment, you can hear the flow I was talking about earlier. And you understand that that potential is unimaginable and terrifies governments and institutions, and shakes the establishment. Just like the stories I tried to tell you about so far in my articles. And whether it is the Christmas truce or the international mass mobilization for the death of a young man in Egypt, you realise it is all about looking at the world from another perspective. If some people managed to refuse to fight, to kill and be killed, on European soil a little less than a century ago, destroying the socio-political fabrication of wars; if some people managed to get together to protest against a fierce dictator in Egypt without being afraid of the consequences; if one man could revolutionize his country after being imprisoned for 27 years, upsetting the entire institutional set-up based on violence, lies and terror; if other great men like Martin Luther King or Gandhi or so many others have managed to mobilize millions of people around an idea of peace, justice or freedom, then we too can change this mad world.

It is all about being able to channel those vibes into positive, collective paths. And you can only do it through dialogue, confrontation and associationism. Talking and dealing with people, precisely. Alexis de Tocqueville once said that the only way to resist power in a positive and constructive way is through the democratic instrument that starts from the bottom, by means of associationism from the municipal level, from small realities.

People are the solution to the world’s illnesses. And the positive dialogue that you can have with them. Social Capital. It is so simple. The greatest evils of our generation come from this absurd lifestyle that is offered to us in the form of well-being, technology and comfort. Loneliness, depression, indifference, hatred and division are all the fruit of a society that tends to divide us and speculate on our collective incapacity to react, associate and confront each other. It is that simple, and we are the cure.

It is possible. And you can find the proof around you. Turn off the TV, put down your smartphone for a moment. Go down the street, talk to people, listen to what they have to say. Take a hike in the park, maybe in the pouring rain. Try to feel something. Go to the pub, read a newspaper and comment on the news with bystanders. Have a coffee or a beer with them. Ask them how they are and give them a smile. Everything will change, everything will be different.

And speaking of smiles.

Once, a bearded man told me that if you try to smile while walking down the street, this will positively influence your attitude towards others and, above all, your self-confidence. I will never forget those words. I recently tried to do it often and, I’ll tell you something, it worked. If you try to walk down the street smiling at the people you meet, most of them will reply with a smile. And you will feel different as well, more secure, more positive towards others and the world. It’s all about that. Those emotions and feelings I was talking about before. They can come out, if triggered.

We only have to reconsider our values, our priorities for a moment. What we want from life and what we are looking for. And above all, remember who we are and where we come from, always. Love every single rise and fall and take them as an opportunity to grow and improve yourself and the world around you. I think this is the solution, the cure for the ills of mankind. Creating a community of people based on diversity and dialogue. Only then can we overcome all this. And we, Millennials, have boundless potential to do so.

By the way, I have gone too far. And now it’s time to conclude this post.

My time at the NCF gave me a lot. I grew up a lot professionally but mostly as a person. I owe you a lot, William and Veronica, to your kindness and warm welcome. I was welcomed and treated like a son. You gave me a lot to think about and work on. You gave me a smile in tough times and support when needed. And for this, thank you.

Then there is you, Rory, William and Yousef. Some young minds full of passion and desire to change things. You are fantastic. Every day, I saw in your eyes that power and passion of which I spoke about right above, waiting just to be fully exploited. And I know you’ll find a way to do it, it’s just a matter of time.

You were my second family here, in this gigantic crazy world of sharks. I’ll never forget that. And I’d like to conclude this blog post with this thought, while sipping my double espresso in some coffee shop somewhere in London and listening to these fantastic notes of Redemption Song, one of Marley’s masterpieces. He succeeded! He succeeded in uniting people around words of peace and hope. Like Hendrix’s solo or Mercury’s unique voice or even the Boss playing a piano version of Thunder Road. This is the right time, the perfect moment.

Ciao NCF, a presto!

Luctor et Emergo ex Flammis Orior, Per Aspera ad Astra

#lastblogpost #peoplehavethepower #believe #change #ciaoncf

 

Both Sudan and South Sudan in aching need of a little brotherly love

Sudan was once the largest country in Africa at a million square miles. Then the British ripped it into two using the pretext of a referendum on a rigged ballot in which South Sudanese refugees and those displaced to the North were denied the vote. All this “for the good of Sudan”.

It is way past time for us to stop “playing the Great Game”. We are not good at it and we were never good at it.

And now the North is riven by war, and South Sudan is riven by war. And come the day they solve that, they will probably start fighting each other.

Unless, that is, we start seeing a little brotherly love.

And the easiest conflict to solve is the worst of conflicts, that in the South Sudan between Southerners backing the President and Southerners backing the exiled Vice President.

President of South Sudan, the war leader Salva Kiir, sits in Juba, the capital. The exiled vice president, his political rival Reik Machar, sits in South Africa. And church leaders go back and forth between them. Which doesn’t work.

What is needed is a conference for representatives of both sides to come together. And not in South Sudan. Nor in South Africa. Nor in any other Arab or African country, all of which will be regarded as parti-pris.

No, it should be in Britain. After all, we were the ones who created the mess in the first place.

And why not go for the whole deal while we are about it. A conference on all the issues of the South and the North, as all the issues are interrelated, with Northerners fighting for factions in the South and vice-versa. Indeed, with everyone fighting each other.

Worth a shot wouldn’t you say? Perhaps we’ll try it. Somebody should.

The Next Century Foundation at the United Nations – Intervention on Discrimination and Intolerance against Women

The Next Century Foundation took part in the 36th session of the Human Rights Council in Geneva. During the General Debate on Item 9 “Racism, racial discrimination, xenophobia and related forms of intolerance” the NCF delivered an oral intervention on the issue of gender discrimination in the Arab States urging them to take the necessary steps in order to improve women’s conditions, following the recent example of Bahrain.

FGM: Why have we not eradicated it yet?

Female Genital Mutilation (FGM) causes severe bleeding and health issues including cysts, infections, infertility as well as complications in childbirth. It affects at least 200 million girls and women alive today. Despite this, very few charities, Non-Government Organisations or activist groups focus on this as one of the most serious issues the globe currently faces. FGM could be eradicated within one generation yet the current response to FGM by government and the media is one of denial and inaction. Why is this?

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The UN defines FGM as all procedures that involve altering or injuring the female genitalia for non-medical reasons and this is recognized internationally as a violation of the human rights of girls and women.

FGM is a global problem, not just an issue facing central African countries, and should be tackled as such. The UN have been ignoring the prevalence of FGM globally most particularly in parts of the Middle East and Asia. Indian activist, Masooma Ranalvi, recently urged governments and donor countries to help fund research and data collection in Asia at the 2017 ‘Ban FGM’ conference in Rome. This would allow a much better picture of the seriousness of FGM across the globe and would help to spotlight which countries and cultures need the most attention.

It is not just a lack of funding and research which undermines attempts to eradicate FGM. Many cases of FGM go unreported but cases which are reported tend to have very lenient prison sentences. This sends the wrong signal to those who continue to practise FGM. In January 2017, four people were prosecuted for FGM after 17-year-old Mayar Mohamed Moussa died from undergoing a procedure in Egypt. Mayar’s mother and doctor were given a fine of £1000 (EYP) and a suspended sentence of only one year. Lawyer Reda Eldanbouki, who was representing Mayar, expressed shock at the sentences saying “it is unfair and unjust and will be ineffective as it sends the wrong signal”.

A serious side effect has occurred because of the pressure that is starting to be put on communities that perform FGM in Africa. There are a greater number of reports suggesting FGM is being performed on much younger girls and in the dead of night in order for people to avoid the consequences of the law. This ‘under the radar’ approach makes it more complicated for authorities to effectively deal with the problem. The UN and human rights groups need to come together to stop these inhumane procedures by educating people on the dangers of procedures being done incorrectly or in unsanitary conditions.

We have an obligation as compassionate humans to eradicate FGM and help to rebuild the lives of the millions of women and girls it has already affected.

Darfur: A forgotten conflict

The conflict in Darfur is worse than ever, the Government’s forces and militias continue to kill civilians with complete immunity (the rebels too), yet the atrocities remain completely out of the news.

Journalists lazily continue to quote 300,000 deaths, despite the fact that they have been using that figure since 2005! It must have been countless deaths by this point, and that’s before we think of the drought, floods (very bad this month, destroying the crops) and poverty. More babies are dying today and each day from severe malnutrition across Darfur but no one knows or is doing anything about it. The UN has described Sudan’s western Darfur region as one of the world’s worst humanitarian crises, with more than 2.3 million people displaced, most of them living in squalid camps in Darfur and neighbouring Chad (this figure is based on the 2015 figures which has yet to be updated – further evidence of a lack of interest in the region). Peacekeepers and aid workers have restricted access to those in need, yet the ongoing hardship for the people of Darfur is eclipsed in the news by other crises such as that of the Syrian Refugees. The conflict flared up in 2003 when rebels in Darfur took up arms, accusing the government of neglecting the region. The government responded with a counter-insurgency campaign. Since then, civilians have come under attack from government troops, pro-government militia and rebel groups. Arab militias are also fighting each other, and there are frequent clashes between tribes. Levels of violence fell after 2005, but have risen since the start of 2013. Nearly 400,000 people were displaced in the first half of 2014 alone.

The question remains, how do we help people to realise the issues that plague Darfur remain with us and pay at least some attention to them?

South Sudan: A war of Ethnicity or a Power Struggle

President Salva Kiir Mayardit and Vice-President Riek Machar Teny during happier and more agreeable times.

South Sudan is arguably experiencing its greatest level of crisis since its independence in 2011. President Salva Kiir Mayardit and his deposed Vice-President Riek Machar Teny have divided the country and caused a civil war that does not appear to be coming to an end, despite poorly conceived and ill thought out token UN sanctions that were issued in August 2015 and the threat of more if a ceasefire was not called. The country has been plunged into chaos since the war began in 2013, caused by a mixture of personal problems and ethnic conflicts. President Kiir and Vice-President Machar represent the two largest ethnic groups, Nuer and Dinka, and the apparent ethical reasons for war has created extreme tension, distrust and hatred amongst the South Sudanese people. Amnesty International have documented instances of door-to-door searches for men of particular ethnicity and in one case reported that 200-300 Neur men were shot at a police station in Juba, the capital of South Sudan. Other instances of mass killings, sexual violence and other war crimes, committed by both sides, have been reported by journalists and human rights groups. It is estimated by the UN that there are around 9000 child soldiers in what is an extremely bloody and violent war. The Sentry reported that around 2.3 million people have been displaced from their homes since war broke out and suggest that the war is about a struggle for power and nothing to do with ethnicity. The excuse of ethnicity is arguably just being used to gather support for either side, but it is working and has split South Sudan causing families and communities to be ripped apart. Their report argues that the war only serves the personal agendas of each man and the groups of elite leaders who profit from the conflict.

An image showing the divides between the two largest tribes in the South Sudan

The former deputy governor of South Sudan’s Upper Nile state, John Ivo Mounto explains the confusion felt by many in the worst affected regions: 

“You don’t understand who is in control. Is it the chief of general staff or President Salva Kiir or Jieng council of elders? It is like the country is being run like individual property, and more especially the way the soldiers have been committing serious atrocities, killing innocent people, raping young ladies and even to an extent of raping lactating mothers, women who have just delivered, which is totally morally wrong and unacceptable in South Sudanese cultures”

This confusion, lack of unity and divisive leadership perpetuates the chaos which is at a tipping point and this is likely to continue until the UN steps in and applies harsher punishments to bring the war to a swift end.

The Futility of the ICC in Sudan

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The relationship between the United Nations Security Council (UNSC) and the International Criminal Court (ICC) has continued to deteriorate since the decision in December 2014 to shelve Darfur war crimes probe. The ICC ruled that Sudan had failed to arrest Omer Hassan al-Bashir over alleged war crimes in the western region of Darfur and passed the case to the Security Council to take “the necessary measures they deem appropriate”. This request came three months after the ICC’s chief prosecutor, Fatou Bensouda, said she was suspending her criminal investigations of Darfur atrocities because they could not make progress without cooperation from Sudan and coercive pressure from the Security Council.

The pre-trial chamber II of the International Criminal Court (ICC) said that Sudan failed to cooperate with the court by not arresting and surrendering president Bashir to the Court. The chamber stressed that “if there is no follow up action on the part of the UNSC, any referral by the council to the ICC under chapter VII of the UN Charter would never achieve its ultimate goal, namely, to put an end to impunity.”

Sudan is not a state party to the ICC Rome Statute and has no obligation to cooperate with the ICC. Sudan cooperated with the court until the first arrest warrant against Janjaweed leader Ali Kushayb and former state minister for interior Ahmed Haroun were issued in 2007. Despite findings of non-cooperation being referred by ICC judges to the UNSC, the council has declined to take action mainly over China’s likely move to block any resolution that would compel Sudan to cooperate.

Following this, Sudan’s information minister Ahmed Bilal Osman stated that, “The decisions of the ICC are not in any way binding to the Sudanese government and raising Sudan’s case with the Security Council reflects the failure of the ICC.” He also went on to claim that “The ICC knows it doesn’t scare Sudan at all.” This clearly indicates the ICC’s standing in Sudan with Bashir and his fellow cronies continuing to thumb their noses at the court.

The ICC’s pre-trial chamber I issued an arrest warrant for President Bashir, on 4th March 2009 on charges of genocide and war crimes in Darfur, along with defence minister Abdel-Rahim Mohamed Hussein, former state minister for interior Ahmed Haroun and Janjaweed leader Ali Kushayb. The chamber claimed there were reasonable grounds to believe that Bashir is criminally responsible for five counts of crimes against humanity and two counts of war crimes. The same chamber, albeit with a different composition, issued a second warrant of arrest for Bashir on 12 July 2010, for three counts of genocide.

UNSC referrals have proved the most contentious route to achieving ICC jurisdiction, as has been the case with Sudan and Libya. Therefore the controversy with ICC referrals by the UNSC is that they may be regarded as a violation of State sovereignty and non-intervention, two principles enshrined in international law.

Inaction by the UNSC may be due to the strong outrage from the African Union and controversy surrounding the arrest warrant for a standing Head of State. Following intense criticism from members of the international community, the UNSC should have perhaps chosen to pursue reconciliation in Sudan, rather than further exacerbate the problem by facilitating the prosecution of Bashir.

The biggest flaw of the ICC is that its effectiveness depends on the cooperation of governments. It is not the independent judicial body it pretends to be. Its jurisdiction can be dictated at the say-so of the Security Council. In the last six years, all the ICC and UNSC have done is pass the Sudan case back and forth between themselves with not one single suspect in custody.

Many experts are beginning to say that the ICC is a failed experiment. Given that the ICC operates in a hostile political environment with its personality clashes and poor management, it was only a matter of time before it faced serious obstacles. Even Israeli Prime Minister Benjamin Netanyahu is planning to launch a campaign to discredit the legitimacy of the ICC, following its announcement that it would pursue a war crimes probe against Israel over its 50-day attacks on Gaza last year.

Is the lack of backing from the US, Russia and China the reason for its lack of credibility and failure to be taken seriously as an international organisation? More than a decade after its creation, the ICC is still struggling to find its foothold, jeopardising its already fragile reputation as a truly global court.