War Between North and South Sudan
By Mogga Josephson
Between nations, guns may fall silent, but the ethics of how any war has been carried out cannot and should not stop at the doors of any peace that falls between the worrying nations. Revisiting the conventions of war, (Geneva and Hague can help us chart the course of action to take in a time of our choosing sooner than later.
What constitutes war crimes indeed is why damage assessment is important, and not just the disengagement, or silence of guns. That is not in many peoples view, the end of war or beginning of peace. For undisciplined governments that respects no Humanitarian law, or those who violate the laws applicable in armed conflict should not be let go free. There should be reparations for any damages by unlawful acts by any party found guilty.
The one guilty should be punished as to deter recklessness of careless resorts to war bombing anything including civilian infrastructures, not military assets. The issue of North Sudan resorting to damaging the oil infrastructure of South Sudan brings to our concerns the need to challenge the North Sudanese on their conduct of war in a court of law.
(read Sudan’s parliament warns the government not to deal with South by reactions SudaneseOnline-Speaker of Sudan’s parliament cautioned against dealing with the incidents that recently erupted in Heglig area in South Kordofan by excessive zeal, underlining the need …Full story)
They know that, the oil is the life line of South Sudanese and their own life line too. They also know the environmental effects of any leakages should oil spill into the environment, accidentally or deliberately. Oil companies are always punished for that therefore anyone causing such leakages should as well be treated to same punishment.
The parliament of the North (Read Sudan online), has warned the (meaning the army) the nation not to resort to reactions with South Sudan in any negative way to solve problems. This in my view is because they are possibly aware of later consequences should the South wake up to know that their legal right to pursue reparations for damages to their civilian infrastructures in consequences of the Norths senseless war or greed.
The Liberal Democratic party of the North has warned the governments (Read SudaneseOnline: سودانيزاونلاين
Sudan online http://www.sudaneseonline.com/english/news/5247-liberal-democratic-party-on-the-recent-conflict-between-sudan-south-sudan.html)
To stop targeting the oil production areas of the two parties and not bombing any oil field or facilities related thereto, since such actions are listed under the economic & environmental crimes and impacts the public health & safety, which is absolutely unacceptable.
War reparations is not new. In the first and second world wars, and recently also the Iraq war when it invaded Kuwait causing massive damage to infrastructure and by a resolution 687, of the United nations Security Council which declared Iraq’s financial liability for damage caused in its invasion had to pay the reparations amounting to US$350 billion.
According to the UN, the prioritization of claims by natural people, ahead of claims by governments and entities or corporations (legal persons), “marked a significant step in the evolution of international claims practice.”
So fresh in our memories is also when Eritrea went into war with Ethiopia. See what happened Tuesday, 18 August 2009 . (Ref:http://news.bbc.co.uk/2/hi/8208285.stm)
Eritrea to pay Ethiopia millionsBoth were ordered to pay each other damages for the 1998-2000 border war, but the verdict leaves Eritrea with $10m (£6m) more to pay. An international tribunal in The Hague has ruled that Eritrea will have to pay Ethiopia millions of dollars in compensation for war damages.
The ruling covers compensation for businesses and goods lost and villages destroyed during the bitter conflict.
Eritrea has already said it accepts the ruling of the tribunal.
The Claims Commission, set up at the end of the war, ruled on awards across a range of issues.
It gave a monetary value to the damage suffered by Ethiopians during a notorious incident when Eritrean jets dropped cluster bombs on a school in the town of Mekele.
So in my view, as we become natural enemies and neighbors same time, how Sudan behaves with us should be established by rules and if not International jurisdictions. Letting any thing go un punished, even if it is companies to complain for damages to their equipment (By the way we are also paying for that), plays negative to our tolerance or innocence.
This idea of is shared here to provoke a necessary positive thinking, on ways and or plans for action. This is in view of the serial, un necessary, un provoked bombings of our land, our civilians as well as our oil fields in sustained provocations inside our sovereign territory. More over they are even still occupying some Southern Sudan’s sovereign territories along the boarder, some even after ruling of the Hague in the like Abyei, got invaded plunging the natives into untold misery worth millions in monetary terms of individual losses.
Consider it as now an undisputed South Sudan territory, is the occupation justified or fighting for temporary capture of Heiglig more natural and allowed without penalties and not Abyei? The freedoms of movement should be scrapped to deny the Missiriya Arabs access to the land and the resources of the south ungratefully. Also in same vein, SPLA should have right to retake Abyei just as SAF regained control of Heighlig even if its ownership is still disputed.
Now or later as we still face a monster, who is bent on grabbing part of economically resourceful South Sudan or damage it directly or indirectly. In fact the use of militia in war, is a criminal way of avoiding responsibility and by intention to avoid providing direct evidence for any claims of war reparations. That is the criminal or forensic signature (behavior) of Sudan’s wars which should now on not be let continue.
Mogga, S J
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