Genocide in Darfur

A Rebuttal of the UN Commission of Inquiry

by Judy Mionki

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The words 'Darfur' and 'Genocide' have been synonymous for quite some time now. The crisis in Darfur began in February 2003 when the Sudan Liberation Movement/Army (SLM/A) and the Justice and Equality Movement (JEM), composed mainly by the Fur, Zaghawa and Masalit tribes, started accusing the Sudanese Government of oppressing the black Africans and being in favour of the Arab Africans. These two groups began attacks against the government and to counter this, the Sudanese Government military together with some African Arabs known as the Janjaweed militias, launched their own attacks. As in many conflicts, the civilians suffer the most. Whereas reports vary, the death toll is said to be about 300,000 people.

This essay aims to examine the findings of the Darfur Commission of Inquiry in relation to its approach to the crime of genocide. This will be done by analysing the purpose based approach used by the Commission to come to its conclusion. The essay will also attempt to prove genocidal intent in the Darfur case and it concludes by stating that the Commission erred in its findings and that Genocide was and is taking place in Darfur.

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Judy Mionki holds a B.A in International Relations (United States International University-Africa) and is currently an LL.M student in International Law with International Relations at the University of Kent in Brussels. She has completed internships at the International Criminal Court, the International Tribunal for the Law of the Sea and has monitored the Charles Taylor trial for the Berkeley War Crimes Studies Center.