Recently, the previously hypothetical “peace vs. justice” debate sprung to life as the International Criminal Court issued a warrant for the arrest of Omar al Bashir, the President of Sudan. Bashir is accused of overseeing a mass campaign of genocide consisting of rape, murder, torture and expulsions. The move has sparked a debate over whether the Security Council should exercise its authority under Article 16 of the Rome Statute to suspend the proceedings for 12 months.
In the peace vs. justice debate there are essentially two camps. One argues that justice can and should never be sacrificed in the name of peace. The other camp maintains that there will be occasions where establishing a durable peace in fact requires foregoing the relentless pursuit of justice. I believe that those who argue that justice can never be sacrificed in the name of peace are simply being unrealistic. However, I also disagree with those who have called for an immediate suspension of the warrant against President al-Bashir. The time may come when such a suspension could advance the peace process, but at this point it would not serve the interests of peace or justice.
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