THE REPORT OF THE INTERNATIONAL COMMISSION OF INQUIRY ON DARFUR & GENOCIDAL INTENT – A CRITICAL ANALYSIS

Abstract

The International Commission of Inquiry on Darfur concluded in its Report, dated 25 January 2005, that no genocide had been committed by the Government of Sudan. From the Commission’s perspective, the heinous atrocities committed in Darfur did not reveal ‘the intent to destroy, in whole or in part, the African tribal population’ on the part of the Sudanese government. Apparently, the Commission found that the subjective element of the definition of genocide, i.e., genocidal intent, was not complied with in the case of Darfur. This article examines the extent to which the Commission’s conclusion that genocidal intent had been missing on the part of the Sudanese Government is sufficiently well-founded. The content of the part of the Report that considers the question whether or not there was genocidal intent is critically analysed in the light of the components of genocidal intent. While analysing the elements the Commission adduced to show the lack of genocidal intent, the author discusses each relevant element of genocidal intent at length and reveals that there are contending approaches as regards the level of intent that is required to establish genocidal liability. Arguments are presented that indicate why the purposeful standard which the Commission resorted to is debatable and attention is given to a broader interpretation of genocidal intent, i.e., the knowledge standard. By means of her analysis the author demonstrates that the elements the Commission brought forward are, in general, insufficiently convincing evidence to prove the absence of genocidal intent on the part of the central authorities. They appear to be too superfluous, contentious and legally weak.