[Congressional Record (Bound Edition), Volume 153 (2007), Part 4]
[Senate]
[Pages 5148-5151]
[From the U.S. Government Publishing Office, www.gpo.gov]




                                 DARFUR

  Mr. DURBIN. Mr. President, I come again to the floor this evening to 
speak about Darfur in Sudan. Most Americans are now familiar with what 
is going on in this remote part of our world.
  Hundreds of thousands of people have died. Two million have been 
forced to flee their homes and still cannot return. Humanitarian 
workers have been raped, beaten, arrested, and killed.
  This is genocide. That is a word we should use with the utmost 
caution. If we misuse the term, we diminish it; we dilute its power. 
But if we fail to use the word or if we use it and fail to act, then 
that is even worse.
  The entire world has allowed Darfur to happen. Now it is up to every 
one of us to stop it. Those of us who have the privilege of being 
elected to office have a higher responsibility than most. We sought out 
these positions, and we must assume the duties that come with them.

[[Page 5149]]

  There are few duties more fundamental than the obligation to save 
innocent men, women, and children from slaughter.
  This week, Luis Moren-Ocampo, the International Criminal Court's 
prosecutor, presented evidence on the mass murder in Darfur to the 
judges of the International Criminal Court. This evidence focuses on 
two individuals as helping to lead and coordinate this campaign of 
violence.
  The first individual named by Mr. Ocampo is Ahmad Muhammad Harun, 
former state minister of the interior, and now a state minister for 
humanitarian affairs for the Government of Sudan. State minister for 
humanitarian affairs--it is hard to even speak those words.
  From 2003 to 2005, Harun was responsible for the ``Darfur security 
desk'' in the Sudanese Government. His most important task was the 
recruitment of janjaweed militias. He recruited them, as Prosecutor 
Ocampo points out, with the full knowledge that the janjaweed militia 
members he was recruiting ``would commit crimes against humanity and 
war crimes against the civilian population of Darfur.''
  That was, in fact, the point of his recruitment effort.
  The second individual named in the prosecutor's presentation of 
evidence to the court is Ali Abd-al-Rahman, also known as Ali Kushayb.
  Ali Kushayb is a janjaweed commander who personally led attacks on 
villagers, just as the Sudanese Government intended.
  This was part of a coordinated strategy of the Sudanese Government to 
achieve victory over rebels not by confronting the rebels but by 
attacking the civilian populations around them, by destroying entire 
villages and driving out or killing every inhabitant.
  Let me read a short section of Mr. Ocampo's document to illustrate 
the crimes these two men helped coordinate and lead. It is graphic and 
horrifying. This is what they wrote:

       During the attack on [the village of] Bindisi on or about 
     15 August 2003, Ali Kushayb was present wearing military 
     uniform and he was issuing orders to the Militia/Janjaweed. 
     Ground forces were shooting at civilians and burning huts. 
     The attacking forces pillaged and burned dwellings, 
     properties and shops. The attack on Bindisi lasted for 
     approximately five days and resulted in the destruction of 
     most of the town and the death of more than 100 civilians, 
     including 30 children.
       In Arawala, in December 2003, Ali Kushayb personally 
     inspected a group of naked women before they were raped by 
     men under his command. A witness said she and the other women 
     were tied to trees with their legs apart and continually 
     raped.
       In or around March 2004, Ali Kushayb personally 
     participated in the execution of at least 32 men from Mukjar. 
     The evidence shows Ali Kushayb standing near the entrance of 
     the prison and hitting these men as they filed past and into 
     Land Cruisers. The vehicles left with Ali Kushayb in one of 
     them. About fifteen minutes later, gunshots were heard and 
     the next day 32 dead bodies were found in the bushes.
       The Application [which is the term for Ocampo's 
     presentation of evidence] alleges that Ahmad Harun and Ali 
     Kushayb bear criminal responsibility in relation to 51 counts 
     of war crimes and crimes against humanity including: rape; 
     murder; persecution; torture; forcible transfer; destruction 
     of property; pillaging; inhumane acts; outrage upon personal 
     dignity; attacks against the civilian population; and 
     unlawful imprisonment or severe deprivation of liberty.

  Many can ask, why, when hundreds of thousands of people have died and 
millions have suffered, why just single out these two men? What does 
this presentation of evidence to a court sitting in the Hague in Europe 
accomplish? Why single them out? Because that is where you start and 
because this submission by the prosecutor illustrates a direct chain of 
command from the janjaweed, who rode into the villages on horseback to 
rape, murder, and plunder, to the official government in Khartoum that 
orchestrated these atrocities.
  It is an act of accountability, when up to now there has been none. 
But it is not enough.
  The International Criminal Court has issued summonses for the two men 
named by Mr. Ocampo. If they do not appear, it must issue arrest 
warrants. If the Sudanese Government does not turn them over, then the 
United Nations Security Council must act.
  But this is about far more than two individuals. It is time for the 
United States of America to lead. Here in Congress, we have been told 
that progress is being made. I do not see it at all. We have been told 
that we cannot push harder at the United Nations because the Chinese 
may veto any resolution we put forward.
  I have a simple proposition. Let's put this matter before the U.N. 
Security Council. Let's let the American representative--our 
Ambassador--to the United Nations vote in accordance with our finding 
that a genocide is taking place. Let's let every civilized nation in 
the world know where we stand. And let's ask them on the record where 
they stand.
  If any country--China or any other--wants to step up and say we 
should take no action to stop this genocide, so be it. Let the record 
of history show where they stand as this genocide unfolds.
  Congress has passed many bills giving the administration additional 
sanctions they can presently use as tools by the United States to stop 
this genocide.
  On two different occasions, I have spoken directly and personally 
with the President about Darfur. I feel very intensely about it. I have 
said on the floor before--and I think it bears repeating--as a student 
in this city at Georgetown University, I had a famous professor named 
Jan Karski. He was in the Polish Underground during World War II and 
came to the United States to try to alert them to the evidence that he 
had accumulated about the Holocaust that was taking place. He was a man 
who spoke broken English, but he was on a mission, looking for anyone 
who would listen to him, praying that the United States, that he heard 
so much about, would step forward and do something to stop this 
Holocaust. He met with a few individuals. He did not get to the highest 
levels of our Government and left in frustration, having accomplished 
very little.
  Some 25 or 30 years later, Dr. Karski was a professor at my 
university. I remember when he told that story, I thought to myself: 
How could this happen? How could 6 million people die and no one do 
anything about it? He tried. At least he tried. But what about everyone 
else? I did not understand it. But now I do. I do because I have 
watched what has happened in Darfur since the genocide was declared. 
The honest answer is: Almost nothing. And the honest answer is: The 
United States of America has done almost nothing.
  I have asked the President directly, I have spoken to Secretary of 
State Condoleezza Rice, and I have spoken to all who will listen, 
begging them to do something, something to respond to this declared 
genocide.
  Special Envoy Andrew Natsios said that come January 1, the United 
States would exercise sanctions if Sudan did not agree to a joint 
African Union-United Nations peacekeeping mission.
  Well, January 1 came and went and no mission was allowed. There is no 
joint peacekeeping mission in the Sudan today, and it is March 1.
  I believe we should use every economic and diplomatic tool at our 
disposal. We should implement additional sanctions immediately. But, 
more importantly, we must convince other countries and the United 
Nations to do the same. And it starts with us personally, divesting 
ourselves of those businesses that are doing business in Sudan.
  I made this speech and put out a press release a month or two ago, 
and some enterprising reporter went through the 5 or 10 mutual funds my 
wife and I owned and spotted one that had an investment in PetroChina. 
PetroChina is the Chinese oil company in the Sudan. He identified that 
mutual fund, and I sold it immediately. I was not embarrassed because 
you cannot really keep up with a mutual fund and everything they own. 
But I knew I had an obligation to do something once I was advised. It 
wasn't that difficult for my family. Certainly it didn't damage my 
portfolio, as modest as it may be. But I ask everyone, if you seriously 
believe that the genocide in Darfur must end, start by seeing what you 
can

[[Page 5150]]

do personally. Every American should ask if their investments are going 
to support the Government of Sudan. Every mutual fund director should 
ask the same thing. I have written to every college and university in 
my State asking them to divest of investments in Sudan until the 
genocide in Darfur ends. Unilateral sanctions by the United States are 
important, but multilateral sanctions imposed by the United Nations can 
make a difference. Genocide occurs because the world allows it to 
occur. It is time to prove that the 21st century will be different.
  Mr. President, just a few days ago--in fact, just yesterday--in the 
Washington Post, a woman who is well known to many, Angelina Jolie, 
published an article about the situation in Darfur. It is entitled 
``Justice for Darfur.'' Ms. Jolie, who is well known to all of us, is a 
comely actress whom I had a chance to meet a year or two ago when she 
came to town in her capacity as goodwill ambassador for the United 
Nations High Commission for Refugees. She has certainly proven her 
skill as an actor, and I think she has demonstrated that her caring for 
people around the world is genuine. The article she wrote in the 
Washington Post is one that, at the end of my statement, I will ask to 
have printed in the Record so that it is an official part of our Senate 
proceedings. She is in Bahai, Chad. She says in this article ``Justice 
for Darfur'' the following:

       Sticking to this side of the Sudanese border is supposed to 
     keep me safe.

  Ms. Jolie writes:

       By every measure--killings, rapes, the burning and looting 
     of villages--the violence in Darfur has increased since my 
     last visit in 2004. The death toll has passed 200,000; in 4 
     years of fighting, Janjaweed militia members have driven 2.5 
     million people from their homes, including the 26,000 
     refugees crowded into Oure Cassoni.

  She talks about accountability. In this article, she says:

       Accountability is a powerful force. It has the potential to 
     change behavior--to check aggression by those who are used to 
     acting with impunity. Luis Moreno-Ocampo, chief prosecutor of 
     the International Criminal Court, has said that genocide is 
     not a crime of passion, it is a calculated offense. He's 
     right. When crimes against humanity are punished consistently 
     and severely, the killers' calculus will change.

  Mr. President, she concludes by saying:

       In my 5 years with the United Nations High Commission for 
     Refugees, I have visited more than 20 refugee camps in Sierra 
     Leone, Congo, Kosovo and elsewhere. I have met families 
     uprooted by conflict and lobbied governments to help them. 
     Years later, I have found myself at the same camps, hearing 
     the same stories and seeing the same lack of clean water, 
     medicine, security and hope.
       It has become clear to me that there will be no enduring 
     peace without justice. History shows that there will be 
     another Darfur, another exodus, in a vicious cycle of 
     bloodshed and retribution. But an international court finally 
     exists. It will be as strong as the support we give it. This 
     might be the moment we stop the cycle of violence and end our 
     tolerance for crimes against humanity.
       What the worst people in the world fear most is justice. 
     That's what we should deliver.

  Mr. President, I ask unanimous consent that the article from the 
Washington Post be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                [From Washingtonpost.com, Feb. 28, 2007]

                           Justice for Darfur

                          (By Angelina Jolie)

       Bahai, Chad.--Here, at this refugee camp on the border of 
     Sudan, nothing separates us from Darfur but a small stretch 
     of desert and a line on a map. All the same, it's a line I 
     can't cross. As a representative of the United Nations High 
     Commissioner for Refugees, I have traveled into Darfur 
     before, and I had hoped to return. But the UNHCR has told me 
     that this camp, Oure Cassoni, is as close as I can get.
       Sticking to this side of the Sudanese border is supposed to 
     keep me safe. By every measure--killings, rapes, the burning 
     and looting of villages--the violence in Darfur has increased 
     since my last visit, in 2004. The death toll has passed 
     200,000; in four years of fighting, Janjaweed militia members 
     have driven 2.5 million people from their homes, including 
     the 26,000 refugees crowded into Oure Cassoni.
       Attacks on aid workers are rising, another reason I was 
     told to stay out of Darfur. By drawing attention to their 
     heroic work--their efforts to keep refugees alive, to keep 
     camps like this one from being consumed by chaos and fear--I 
     would put them at greater risk.
       I've seen how aid workers and nongovernmental organizations 
     make a difference to people struggling for survival. I can 
     see on workers' faces the toll their efforts have taken. 
     Sitting among them, I'm amazed by their bravery and 
     resilience. But humanitarian relief alone will never be 
     enough.
       Until the killers and their sponsors are prosecuted and 
     punished, violence will continue on a massive scale. Ending 
     it may well require military action. But accountability can 
     also come from international tribunals, measuring the 
     perpetrators against international standards of justice.
       Accountability is a powerful force. It has the potential to 
     change behavior--to check aggression by those who are used to 
     acting with impunity. Luis Moreno-Ocampo, chief prosecutor of 
     the International Criminal Court (ICC), has said that 
     genocide is not a crime of passion; it is a calculated 
     offense. He's right. When crimes against humanity are 
     punished consistently and severely, the killers' calculus 
     will change.
       On Monday I asked a group of refugees about their needs. 
     Better tents, said one; better access to medical facilities, 
     said another. Then a teenage boy raised his hand and said, 
     with powerful simplicity, ``Nous voulons une epreuve.'' We 
     want a trial. He is why I am encouraged by the ICC's 
     announcement yesterday that it will prosecute a former 
     Sudanese minister of state and a Janjaweed leader on charges 
     of crimes against humanity.
       Some critics of the ICC have said indictments could make 
     the situation worse. The threat of prosecution gives the 
     accused a reason to keep fighting, they argue. Sudanese 
     officials have echoed this argument, saying that the ICC's 
     involvement, and the implication of their own eventual 
     prosecution, is why they have refused to allow U.N. 
     peacekeepers into Darfur.
       It is not clear, though, why we should take Khartoum at its 
     word. And the notion that the threat of ICC indictments has 
     somehow exacerbated the problem doesn't make sense, given the 
     history of the conflict. Khartoum's claims aside, would we in 
     America ever accept the logic that we shouldn't prosecute 
     murderers because the threat of prosecution might provoke 
     them to continue killing?
       When I was in Chad in June 2004, refugees told me about 
     systematic attacks on their villages. It was estimated then 
     that more than 1,000 people were dying each week.
       In October 2004 I visited West Darfur, where I heard 
     horrific stories, including accounts of gang-rapes of mothers 
     and their children. By that time, the UNHCR estimated, 1.6 
     million people had been displaced in the three provinces of 
     Darfur and 200,000 others had fled to Chad.
       It wasn't until June 2005 that the ICC began to 
     investigate. By then the campaign of violence was well 
     underway.
       As the prosecutions unfold, I hope the international 
     community will intervene, right away, to protect the people 
     of Darfur and prevent further violence. The refugees don't 
     need more resolutions or statements of concern. They need 
     follow-through on past promises of action.
       There has been a groundswell of public support for action. 
     People may disagree on how to intervene--airstrikes, sending 
     troops, sanctions, divestment--but we all should agree that 
     the slaughter must be stopped and the perpetrators brought to 
     justice.
       In my five years with UNHCR, I have visited more than 20 
     refugee camps in Sierra Leone, Congo, Kosovo and elsewhere. I 
     have met families uprooted by conflict and lobbied 
     governments to help them. Years later, I have found myself at 
     the same camps, hearing the same stories and seeing the same 
     lack of clean water, medicine, security and hope.
       It has become clear to me that there will be no enduring 
     peace without justice. History shows that there will be 
     another Darfur, another exodus, in a vicious cycle of 
     bloodshed and retribution. But an international court finally 
     exists. It will be as strong as the support we give it. This 
     might be the moment we stop the cycle of violence and end our 
     tolerance for crimes against humanity.
       What the worst people in the world fear most is justice. 
     That's what we should deliver.

  Mr. DURBIN. Mr. President, I conclude by saying that the subcommittee 
which I chair of the Judiciary Committee, the Human Rights 
Subcommittee, had a hearing several weeks ago on genocide in Darfur. We 
are preparing legislation as a result of that hearing to authorize 
State and local governments and others to divest of investments in 
Sudan and businesses that are doing business in Sudan and furthermore 
to extend the authority of the U.S. Department of Justice to prosecute 
those whom we find guilty of genocide in foreign lands. That authority 
currently exists for those whom we accuse and wish to prosecute for 
torture; the same thing should apply to crimes of genocide.

[[Page 5151]]

  Those two legislative changes may help, but in the meantime it is 
time for our Government to help. I commended the Bush administration 4 
years ago when they finally used the word ``genocide'' as it related to 
Darfur. I thanked then-Secretary of State Colin Powell for his courage 
in using that word. I said the same to Secretary of State Condoleezza 
Rice. But, having said that, we must understand that if we use the word 
and fail to act, what does it say of us? If we acknowledge that a 
genocide is taking place and do nothing, what does it say of America?
  We have the power to do things, to change this. It will take 
political courage, not only in the White House but here in Congress. 
History will write in years to come whether we acted or not, as it is 
written about the lack of response to the Holocaust. I sincerely hope 
history will judge us late to the cause but rising with a sense of 
justice that is necessary to end this terrible killing.

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