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Darfur and the Crime of Genocide


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Darfur and the Crime of Genocide
Cambridge University Press
9780521515672 - Darfur and the Crime of Genocide - By John Hagan and Wenona Rymond-Richmond

Darfur and the Crime of Genocide

In 2004, the State Department gathered more than a thousand interviews from refugees in Chad that substantiated Colin Powell's UN and congressional testimonies about the Darfur genocide. The survey cost nearly a million dollars to conduct, and yet it languished in the archives as the killing continued, claiming hundreds of thousands of murder and rape victims and restricting several million survivors to camps. This book for the first time fully examines that survey and its heartbreaking accounts. It documents the Sudanese government's enlistment of Arab Janjaweed militias in destroying Black African communities. The central questions are these: Why is the United States so ambivalent about genocide? Why do so many scholars deemphasize racial aspects of genocide? How can the science of criminology advance understanding and protection against genocide? This book gives a vivid firsthand account and voice to the survivors of genocide in Darfur.

John Hagan is John D. MacArthur Professor of Sociology and Law at Northwestern University and Co-Director of the Center on Law and Globalization at the American Bar Foundation. He served as president of the American Society of Criminology and received its Edwin Sutherland and Michael J. Hindelang awards. He received the C. Wright Mills Award for Mean Streets: Youth Crime and Homelessness (with Bill McCarthy; Cambridge University Press, 1997) and a Guggenheim Fellowship and the Albert J. Reiss Award for Northern Passage: American Vietnam War Resisters in Canada (2001). He is author most recently of Justice in the Balkans (2003) and co-author of several articles on the Darfur genocide published in the American Sociological Review, Criminology, Annual Review of Sociology, and Science.

Wenona Rymond-Richmond is an Assistant Professor of Sociology at the University of Massachusetts Amherst. She was a research assistant at the American Bar Foundation and a pre-doctoral Fellow with the National Consortium on Violence Research. Publications include “Transforming Communities: Formal and Informal Mechanisms of Social Control” in The Many Colors of Crime (editors Ruth Peterson, Lauren Krivo, and John Hagan), and co-authored articles about the Darfur genocide published in Criminology, American Sociological Review, and Ohio State Journal of Criminal Law.

Cambridge Studies in Law and Society

Cambridge Studies in Law and Society aims to publish the best scholarly work on legal discourse and practice in its social and institutional contexts, combining theoretical insights and empirical research.

The fields that it covers are studies of law in action; the sociology of law; the anthropology of law; cultural studies of law, including the role of legal discourses in social formations; law and economics; law and politics; and studies of governance. The books consider all forms of legal discourse across societies, rather than being limited to lawyers’ discourses alone.

The series editors come from a range of disciplines: academic law, socio-legal studies, and sociology and anthropology. All have been actively involved in teaching and writing about law in context.

Series Editors

Chris Arup
Victoria University, Melbourne
Martin Chanock
La Trobe University, Melbourne
Sally Engle Merry
Wellesley College, Massachusetts
Pat O’Malley
University of Sydney, Australia
Susan Silbey
Massachusetts Institute of Technology

Books in the Series

The Politics of Truth and Reconciliation in South Africa: Legitimizing the Post-Apartheid State Richard A. Wilson

Modernism and the Grounds of Law Peter Fitzpatrick

Unemployment and Government: Genealogies of the Social William Walters

Autonomy and Ethnicity: Negotiating Competing Claims in Multi-Ethnic States Yash Ghai

Constituting Democracy: Law, Globalism and South Africa’s Political Reconstruction Heinz Klug

The New World Trade Organization Agreements: Globalizing Law through Services and Intellectual Property Christopher Arup

The Ritual of Rights in Japan: Law, Society, and Health Policy Eric A. Feldman

The Invention of the Passport: Surveillance, Citizenship and the State John Torpey

Governing Morals: A Social History of Moral Regulation Alan Hunt

The Colonies of Law: Colonialism, Zionism and Law in Early Mandate Palestine Ronen Shamir

Law and Nature David Delaney

Social Citizenship and Workfare in the United States and Western Europe: The Paradox of Inclusion Joel Handler

Law, Anthropology and the Constitution of the Social: Making Persons and Things Edited by Alain Pottage and Martha Mundy

Judicial Review and Bureaucratic Impact: International and Interdisciplinary Perspectives Edited by Marc Hertogh and Simon Halliday

Immigrants at the Margins: Law, Race, and Exclusion in Southern Europe Kitty Calavita

Lawyers and Regulation: The Politics of the Administrative Process Patrick Schmidt

Law and Globalization from Below: Toward a Cosmopolitan Legality Edited by Boaventura de Sousa Santos and Cesar A. Rodriguez-Garavito

Public Accountability: Designs, Dilemmas and Experiences Edited by Michael W. Dowdle

Law, Violence and Sovereignty among West Bank Palestinians Tobias Kelly

Law and Society in Vietnam: The Transition from Socialism in Comparative Perspective Mark Sidel

Legal Reform and Administrative Detention Powers in China Sarah Biddulph

The Practice of Human Rights: Tracking Law between the Global and the Local Edited by Mark Goodale and Sally Engle Merry

Judges beyond Politics in Democracy and Dictatorship Lessons from Chile Lisa Helbink

Darfur and the Crime of Genocide

John Hagan

Northwestern University

Wenona Rymond-Richmond

University of Massachusetts Amherst

Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo, Delhi

Cambridge University Press
32 Avenue of the Americas, New York, NY 10013-2473, USA
Information on this title:

© John Hagan and Wenona Rymond-Richmond 2009

This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press.

First published 2009

Printed in the United States of America

A catalog record for this publication is available from the British Library.

Library of Congress Cataloging in Publication Data

Hagan, John, 1946–
Darfur and the crime of genocide / John Hagan, Wenona Rymond-Richmond.
 p. cm. – (Cambridge studies in law and society)
Includes bibliographical references and index.
ISBN 978-0-521-51567-2 (hardback)
1. Genocide. 2. Crimes against humanity. 3. Human rights. I. Rymond-Richmond,
Wenona, 1972– II. Title. III. Series.
K5302.H34 2009
345′.0251–dc22 2008017809

ISBN 978-0-521-51567-2 hardback
ISBN 978-0-521-73135-5 paperback

Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party Internet Web sites referred to in this publication and does not guarantee that any content on such Web sites is, or will remain, accurate or appropriate. Information regarding prices, travel timetables, and other factual information given in this work are correct at the time of first printing, but Cambridge University Press does not guarantee the accuracy of such information thereafter.


List of Characters
Prologue: On Our Watch
1             Darfur Crime Scenes
2             The Crime of Crimes
3             While Criminology Slept with Heather Schoenfeld
4             Flip-Flopping on Darfur with Alberto Palloni and Patricia Parker
5             Eyewitnessing Genocide
6             The Rolling Genocide
7             The Racial Spark
8             Global Shadows
Epilogue:     Collective R2P
Appendix:     Genocidal Statistics



American Academy for the Advancement of Science


American Bar Association Central and East European Law Initiative


Atrocities Documentation Survey of Darfur refugees in Chad in summer 2004

Al Geneina (Al Junaynah)

Capital of West Darfur and organizational center for government counterinsurgency efforts

Al Qaeda

International alliance of Islamic militant organizations founded in 1988 by Osama Bin Laden and other “Afghan Arabs” after the Soviet war in Afghanistan

Amnesty International

Pioneering international nongovernmental organization focused on human rights abuses and compliance with international standards


Russian-made and -supplied airplane used to bomb Darfur villages

Baggara tribes

Powerful Arab tribes armed and supported by Sudanese government in attacks on Black African villages in Darfur


Settlement forming part of triangle with Terbeba and Arara in West Darfur near Al Geneina that forms the westernmost point of border with Chad

Bendesi (Bindisi)

Town subjected to repeated violent attacks in the southwestern part of West Darfur


One of four so-called independent homelands granted independence by South Africa in 1977

Bureau of Democracy, Human Rights, and Labor

Part of the U.S. State Department that promotes democracy, human rights, and labor rights internationally

Bureau of Intelligence and Research

Part of the U.S. State Department that collects and analyzes foreign intelligence data


Coalition for International Justice, an international nonprofit organization that conducted advocacy campaigns targeting decision makers in Washington, DC


Centers for Disease Control, which serves as the premier U.S. public health agency

Centre for Research on the Epidemiology of Disasters

Public and population health research organization at the University of Louvain in Brussels, Belgium


Landlocked country in central Africa that borders Darfur on its eastern border and received more than 200,000 refugees during the Darfur conflict

C/L International

Washington-based lobbying firm


Crude mortality rate, often expressed as deaths per 10,000 population per day


Comprehensive Peace Agreement for southern Sudan signed in 2004


Western region of Sudan, bordering Chad, Central African Republic, and Libya

Darfur Investigation Team

Unit within the Office of the Prosecutor at the International Criminal Court in The Hague

Democratic Republic of the Congo

The third-ranking nation by land mass on the African continent, bordering Sudan and suffering high mortality levels


Darfur Liberation Front, which preceded the Sudanese Liberation Army

El Fasher

Location of Sudan government air base attacked by rebels in April 2003, marking an early success in the insurgency

European Union

Political and economic community composed of twenty-seven European member states

Foro Burunga

Town in southwestern area of West Darfur viciously and repeatedly attacked

Fur tribe

Largest of Black African tribes in Darfur


U.S. Government Accountability Office, which assesses government programs and agencies


Intended destruction in whole or part of a racial, religious, ethnic, or national group

Genocide Convention (Convention on the Prevention and Punishment of the Crime of Genocide)

Resolution that defines genocide in legal terms and that was adopted by the UN General Assembly in December 1948


Government of Sudan, with capital in Khartoum


Military camp near Al Geneina


Village in West Darfur

Helsinki Watch

American human rights NGO that evolved into Human Rights Watch in 1988

High Commission on Human Rights (UNHCHR)

Principal UN office mandated to promote and protect human rights

High Commission on Refugees (UNHCR)

Principal UN office mandated to lead international action to protect refugees and resolve refugee issues

Human Rights Watch

U.S.-based international nongovernmental organization that conducts research and advocacy on human rights


Large ethnic group living in Burundi and Rwanda; extremist Hutu militia groups were responsible for the 1994 genocide in Rwanda


International Criminal Tribunal for Rwanda


Internally displaced persons

International Criminal Court (ICC)

Independent, permanent court that prosecutes individuals accused of the most serious violations of international criminal law


International Criminal Tribunal for the former Yugoslavia

International Crisis Group

Independent nongovernmental organization committed to resolving and preventing deadly international conflicts

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