International law and Sudan
September 14, 2004
THE CALL for action to stop the murders and expulsions in Sudan is welcome (editorial, Sept. 12), but the claim that international action (presumably including force) is required by the mere finding of "genocide" is wrong.
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While the Geneva Convention creates an obligation "to prevent and to punish" genocide, this extends only to acts committed in one's own country. It does not create an obligation for the United States to use armed force in Sudan, although subsequent developments in international law may permit (not require) outside states to use force to prevent widespread deaths.
We -- and others -- should consider intervening whenever large numbers of people are dying, whether the deaths are due to genocide, political killings, or natural disaster. The Security Council could authorize such action. But this is primarily a political and moral issue, not one that can be solved simplistically by definitional appeals to international law.
In any event, while the adminstration may be correct in labelling the situation in Sudan "genocide," any appeal by President Bush to international law would be seen by the rest of the world as the height of hypocrisy.
HURST HANNUM Professor of international law Co-director, Center for Human Rights and Conflict Resolution Fletcher School Tufts University 
© Copyright 2004 Globe Newspaper Company.
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