An Escape from Reason: Genocide and the International Commission of Inquiry on Darfur NSONGURUA J. UDOMBANA* "Where we disagree [with the international commission of inquiry] is that this is a genocide and it has been going on for two years now. We're just dismayed that this commission could not discover the government's intent. It's clear .... "I "The reality is that people are being targeted simply on the basis of ethnicity, not on the basis of religion in this case but on the basis of a sense of African-ness and blackness-even if the perpetrators are sometimes blacker than those they are targeting."2 I. Introduction The convoluted and contrived Report of the International Commission of Inquiry on Darfur (ICID) has facilitated the criminal ambivalence of the United Nations (UN) Security Council (UNSC) and other international actors in suppressing the ongoing genocide in Darfur, Western Sudan. The ICID's legal reasoning merely hides the political motive un- derpinning its Report and reflects the mindset of an international community that, hitherto, has been reluctant to characterize genocide in situations similar to Darfur, to avoid trig- gering obligations entailed under the Genocide Convention'-the obligation to prevent, *© 2005 NsonguruaJ. Udombana. LL.B. (Hons.), LL.M. (Univ. of Lagos); LL.D. Candidate (Univ. of South Africa); Associate Professor, Central European University (CEU), Budapest;
[email protected]. Professor Udombana, who also is Director of the CEU Center for Human Rights, writes on international law and the judicial process, with an Afrocentric outlook. The author thanks the editors of The InternationalLawyer for their invaluable editorial assistance, though the customary disclaimer applies.