
Administration officials present the package as an "intensification" of existing diplomacy, but that is slightly disingenuous. After long, and reportedly heated, arguments inside the White House over the proper balance between carrot and stick, officials have produced a document that is highly specific about inducements and carefully vague about threats. Despite veiled references to "accountability," the statement is silent on the ICC indictments. And after much discussion over whether it's acceptable, or effective, to address the North-South conflict separately from Darfur, the administration plan will allow Khartoum to profit from compliance on North-South issues, though Bashir wins the jackpot only for restoring peace to Darfur.
Some, though not all, members of the advocacy community are appalled at the decision to, quite literally, let the regime get away with murder. John Norris, a Sudan expert at the Center for American Progress and former head of the Enough Project, calls the package "unseemly." Norris points out that in 2005 Western diplomats made a calculated decision to bless the North-South peace agreement even as the regime perpetrated mass slaughter in Darfur. Indeed, from the very beginnings of the killings in Darfur, in 2003, Bashir responded to pressure from the West by threatening to scuttle negotiations over ending the civil war. "Once again," Norris says, "you've got a bunch of diplomats saying that this current situation is so serious that we need to ignore all this other stuff."
So there is both a moral case and a strategic case against offering Khartoum goodies in exchange for behaving itself on the referendum. But if the derailing of the referendum really would lead to mass killing (and some experts I spoke to are skeptical on this score), then it's patent that the moral imperative is to give Bashir incentives to behave himself, and to leave the issue of just deserts to a future date. The only real question is effectiveness. A number of studies (pdf) have concluded that marginalizing Darfur to get the CPA signed was a disastrous mistake that sent Bashir a signal that he could do as he wished with the people of Darfur. Why is it correct now?
Gration was foolish enough to say earlier this year that what remained in Darfur, seven years after the killing broke out, was only "the remnants of genocide." He was quickly forced to retract the comment in the face of outrage from activists. But he was right. Civilians in Darfur still live in a state of terror, and millions remain displaced; but much of the killing now pits rebel groups, or Arab tribesmen, against one another. On the other hand, the steadily rising levels of violence in the South, much of it probably instigated by Bashir and his colleagues, could explode into the kind of mass ethnic reprisals provoked by the partition of India and Pakistan in 1948. As a State Department official puts it delicately, "There is a sense of urgency on both Darfur and the CPA, but there is a growing sense of immediacy on North-South issues." The situation in 2005 was the exact opposite.
That said, Bashir must be made to feel that there is a powerful, and imminent, "or else." So far, the Obama team has hesitated to make threats. Gration in particular has been far too willing in the past to accept the regime's bona fides, as if unaware of the bland reassurances and bald-faced lies that frustrated his predecessors. Even now, he and his team may be putting too much stock in the influence of "moderates" inside the ruling National Congress Party, whom Western officials have been banking on -- fruitlessly -- for years. Bashir is likely to "accept" the State Department's proposal, and then add onerous conditions of his own. A White House official insists that the administration is prepared for that eventuality, and adds that the ability to marshal an international response in case of rejection is "a very important part of the thinking" that went into the new offer. As with Iran, that is, the regime's rebuff of what is seen as a fair offer will help the United States build the case for tougher sanctions than those Sudan now faces.
Will Bashir be suitably impressed by that prospect? Over the years, he has blithely ignored Security Council resolutions, sanctions, threats of prosecution, and global public opprobrium. He has learned all too well how to exploit the weakness of international diplomacy. Now he holds a lit match over a vast bonfire. Perhaps he fears the consequences of flicking it on to the pyre, but the irresolute response of years past have ensured it's his choice -- and his alone.

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