News & Updates
Check out the latest from Sudan and our movement
2021 Report to Congress: The Elie Wiesel Act
More than two years ago, you helped us turn the most sweeping anti-genocide legislation in history into federal law. Here’s the impact it is now having.
In 2018, over 600 of our supporters in Tennessee came together to make The Elie Wiesel Genocide and Atrocities Prevention Act federal law.
As an organization with years of experience working on the frontlines in Sudan, we are intimately familiar with what happens when the U.S. government fails to take early action in the face of genocide, war crimes, and other mass atrocity crises. This bill was crafted to help ensure the U.S. government has the tools, training, and funding needed to save lives and promote peace when mass atrocity threats emerge around the globe.
We called and wrote our House and Senate congressional offices. Your voices were heard in Washington DC. The Senate passed the legislation by unanimous consent and seven out of the nine Representatives from Tennessee voted in favor of the legislation. On January 14, 2019, we declared victory as the President of the United States signed the bill into law.
That was well over two years ago. Since then, The Elie Wiesel Act has slowly been implemented across the U.S. government. One major requirement of the law — found in Section 5 — is that the President report the following to Congress annually:
What actions have been taken to prevent and respond to mass atrocity crises.
An assessment of countries and regions at risk of atrocity crimes.
Information concerning Foreign Service Officers receiving atrocity prevention training.
Funding used to advance atrocity prevention activities, including transitional justice measures.
Recommendations to further strengthen U.S. capabilities.
The 2021 Report
The U.S. State Department’s Bureau of Conflict and Stabilization Operations just released the latest report.
This is an excellent opportunity to understand the lasting impact of our previous advocacy efforts.
This year’s report covers the period of July 2020 to May 2021 and is available to the public through its submission to Congress. The President is also allowed to submit additional classified information if considered necessary, which he chose to do this year.
This report allows organizations like ours that work in atrocity prevention and response spaces to have a better understanding of what the U.S. government is doing. From there, we can provide further recommendations based on what we are seeing on the ground and better allocate our own resources.
You can listen to some introductory remarks about the importance of these efforts and this report from U.S. Secretary of State Antony Blinken:
The full report is rather long and can be viewed here. I’ve provided a summary below:
Global Assessment of Current or Past Atrocities and United States Response
Following the February 2021 coup in Myanmar, Department of Defense engagements were suspended. The Treasury and Commerce departments targeted the regime’s economic revenue generators. The State Department (State) and USAID are supporting human rights documentation to advance accountability.
Secretary Blinken affirmed in January 2021 that the Chinese government is committing genocide against Uyghurs in Xinjiang. Treasury sanctioned Chinese government entities and government officials. U.S. Customs and Border Protection issued six orders prohibiting imports of merchandise from Xinjiang that have reasonable indication of forced Uyghur labor. State continued visa restrictions on Chinese government officials believed to be responsible for the Uyghur genocide.
In March 2021, Secretary Blinken stated that acts of ethnic cleansing were being committed in Western Tigray, Ethiopia. USAID Administrator Samantha Power called for humanitarian access. The United States imposed defense trade controls on Ethiopia and provided more than $305 million in humanitarian assistance. USAID increased support to the Ethiopian Human Rights Commission for investigators, strategic communications support, personal protective equipment, and training.
State provided nearly $9 million to UN investigators uncovering ISIS war crimes in Syria and Iraq and $2.3 million to the UN to investigate crimes by the Assad regime in Syria. USAID and State are supporting humanitarian assistance, first responders such as the Syrian Civil Defense, and safe and voluntary returns for displaced persons in Iraq and Syria.
In South Sudan, State coordinated support to establish an African Union hybrid court to investigate and prosecute war criminals. State is supporting civil society documentation to further truth, justice, and accountability and to collect and preserve evidence. USAID is supporting civil society and independent media to promote political stability, peacebuilding, and citizen participation in peace efforts.
Early Warning Assessments of Atrocity Risk
The Atrocity Early Warning Task Force is now utilizing the State Department’s Early Warning Assessment, the Intelligence Community’s Mass Atrocities Risk Assessment, and the U.S. Holocaust Memorial Museum’s Statistical Risk Assessment.
State has expanded its quarterly early warning assessment to cover 153 countries, up from 99 countries. This section includes a classified annex that speaks to additional countries being assessed as at risk of atrocities.
State integrated data on political violence targeting women in its analytical products and funded development of gender-sensitive early warning indicators.
Current U.S. Government Efforts To Prevent and Respond to Atrocities
The State Department (State) and USAID formally reported approximately $6.2 million for atrocity prevention programming in FY 2020.
State utilized $2.5 million in Economic Support Funds (ESF) to engage youth to promote justice, reconciliation, and violence prevention; enhance civil society organizations’ capacity to promote social cohesion, truth-telling, and conflict mediation; support civil society and victims’ participation in community and state-level transitional justice processes and mechanisms; strengthen memory sites’ capacity to mitigate atrocity risk; and improve access to accountable and citizen-responsive justice institutions.
State utilized $2.5 million in International Narcotics Control and Law Enforcement (INCLE) earmarks to strengthen justice sector capacity to recognize and respond to atrocities and monitor law enforcement abuses.
State utilized a $5 million Congressional directive to promote accountability for mass atrocity crimes through the UN mechanisms for Syria and Iraq.
State used rapid response funding mechanisms to support survivors or those at imminent risk of gender-based violence, victims of religious persecution, and human rights defenders under attack due to their promotion of the rights of lesbian, gay, bisexual, transgender, and intersex persons.
State funded the Global Initiative for Justice, Truth and Reconciliation, a rapid response mechanism that provides transitional justice assistance.
USAID programming in Niger increased access to justice and is addressing societal cleavages. Programs in Burkina Faso built government capacity to prevent and prosecute human rights violations and reduce the appeal of violent extremism. USAID is delivering training on conflict mitigation to women in four territories in the Democratic Republic of the Congo.
The Treasury Department sanctioned individuals in China, Cambodia, Gambia, Haiti, Iraq, Lebanon, Russia, South Sudan, and Yemen for their connection to serious human rights abuses.
In FY 2020, the Department of Homeland Security (DHS) arrested 11 individuals for human rights-related violations, removed 30 known or suspected human rights violators, and stopped at least 15 human rights violators and war criminals from entering the United States. DHS opened 24 new criminal investigations and is pursuing over 1,600 leads and removal cases involving suspected gross human rights violators from 95 different countries.
State supported accountability processes for atrocity crime allegations against nationals from the former Yugoslavia, Rwanda, Chad, Cambodia, Sierra Leone, Guatemala, Colombia, and the Central African Republic.
State facilitated the voluntary surrender of Dominic Ongwen to the International Criminal Court, where he was sentenced to 25 years for war crimes and crimes against humanity committed in Uganda.
State has supported the Kosovo Specialist Chambers, which has begun trying individuals for crimes against humanity and war crimes.
State supported transitional justice processes in Colombia, including access for victims to participate. In April 2021, former FARC commanders announced they would accept factual findings of Colombia’s Special Jurisdiction for Peace and accept responsibility for charges of war crimes and crimes against humanity.
In April 2021, President Biden formally recognized the Armenian Genocide.
Atrocity Prevention Training for U.S. Government Personnel
State delivered its online atrocity prevention course to 365 personnel and additional courses to 88 personnel. USAID delivered its online course to 78 staff and a multi-day course to 36 staff.
The U.S. Army’s Peacekeeping and Stability Operations Institute developed a course on atrocity response and a Military Leader Reference Guide on atrocity prevention, civilian protection, and conflict-related sexual violence.
The Department of Homeland Security provided human rights and transitional justice training to its field offices.
The FBI trained 11 field offices on prosecuting atrocity perpetrators, 39 field offices on human rights investigations, and 31 field offices on Chinese human rights violations.
Multilateral and External Engagement
The State Department convened two International Atrocity Prevention Working Group meetings to explore joint actions to mitigate atrocity risk in select countries.
State supported the International Religious Freedom or Belief Alliance to combat persecution and prevent atrocities.
State participated in the International Holocaust Remembrance Alliance, which adopted a Working Definition of Anti-Roma Discrimination in October 2020.
State and USAID briefed Senate Foreign Relations Committee and House Foreign Affairs Committee members and staff.
In September 2020, State and the U.S. Institute for Peace hosted a joint public event on the Elie Wiesel Act.
The Department of Defense’s Institute of International Legal Studies provided human rights training to 628 participants from 16 countries.
Recommendations To Improve U.S. Government Capabilities
Integrate atrocity prevention into Global Fragility Act implementation.
Advance gender-sensitive atrocity prevention in support of the U.S. Women, Peace, and Security agenda.
Utilize atrocity assessments in development of U.S. embassy and mission strategies where appropriate, pursuant to Section 5 of the Elie Wiesel Act, as amended by the 2020 National Defense Authorization Act.
GET INVOLVED
Preventing and ending genocide and other atrocity crimes requires a whole-of-world approach. Governments, civil society organizations, faith communities, nonprofits, and individuals all have a role to play.
As a nonprofit organization, one of Operation Broken Silence’s top priorities is ensuring the next generation of leaders in Sudan have a fighting chance to move their country forward. That’s why our movement supports 24 Nuba teachers and 1,400 students in Yida Refugee Camp.
You can join us by starting a fundraising page and asking your friends and family to donate, or simply give yourself. Your support ensures that these teachers and students will continue thriving.
In our line of work, there tends to be more darker days than bright ones. It often feels like for every two steps forward, we must take a step back. But this report is a positive reminder that progress can continue to be made as long as we keep pressing forward.
We fought hard for over a year to make The Elie Wiesel Act federal law, and it took more than two additional years for us to begin seeing those efforts bear fruit. Now we know that it was worth every second of our time. Well done.
Onward,
Mark C. Hackett
Executive Director
About Us
Operation Broken Silence is building a global movement to empower the Sudanese people through innovative programs as a 501(c)(3) nonprofit organization.
We focus on empowering Sudanese change makers and their critical work. Learn more.
Donations are tax-deductible within the guidelines of U.S. law. Give here.
Help Shape Soirée For Sudan's Future
Help us rebuild and shaper annual gala by joining the volunteer Planning Committee!
2022 will mark Soirée For Sudan’s tenth year. After being virtual for two years, we hope next year’s gala will be the most impactful and fun Soirée For Sudan yet.
As always, we need some of you — our wonderful Memphis supporters — to play a pivotal role. You can help us rebuild and shape the next ten years of Soirée of Sudan by joining the volunteer Planning Committee!
What The Planning Committee Does
The committee meets twice a month, once in person and once online. The in-person meeting lasts for one hour and focuses on planning all the fine details that make Soirée For Sudan a magical evening. The online meeting is a quick 30-minute check in on member’s goals and to make any time-sensitive decisions that pop up.
There are three types of committee members that you can choose from:
Sponsor-Focused: Secure a minimum of 3 sponsors that give financially or donate high-quality rentals to the gala, such as photo-booths, decor, talent, etc. You will also sell a minimum of 5 registrations.
Silent Auction-Focused: Secure $1,000 worth of Silent Auction items in no more than 10 donations. You will also sell a minimum of 5 registrations.
Attendee-Focused: Sell a minimum of 20 registrations.
Serving on the Planning Committee also comes with fun perks!
A free pair of tickets for yourself and another pair to give away.
A friends and family promo code.
Request To Join
Planning Committee spots are limited. Please complete and submit the following form to let us know that you are interested.
About Us
Operation Broken Silence is building a global movement to empower the Sudanese people through innovative programs as a 501(c)(3) nonprofit organization.
We focus on empowering Sudanese change makers and their critical work. Learn more.
Donations are tax-deductible within the guidelines of U.S. law. Give here.
Message From Our Executive Director - June 2021
An important update from our Executive Director.
This time last year, the world was a very different place.
I hope 2020 goes down in our history as the hardest year we faced. COVID-19 coupled to social upheaval here in the United States presented us with an array of new challenges. One of our Sudanese partners summed this up well last summer:
It’s strange that the situation of our American friends feels harder than our struggle here in Sudan right now.
Strange indeed.
These past few months though, it feels like we’ve turned a corner. Many of us are vaccinated. Our fundraising continues to slowly improve. The programs we support in Sudan are experiencing fewer disruptions. Here are just three recent highlights:
Although COVID-19 has reached the Nuba Mountains and Yida Refugee Camp, known and presumed case numbers remain extraordinarily low.
Teachers at the Endure Primary and Renewal Secondary Schools in Yida Refugee Camp are now serving 1,400 students every day, the highest enrollment numbers to date.
We recently held our 9th annual gala virtually, again. Although the event was smaller than the in-person events of the past, the funds you raised provided a much-needed financial boost to the schools in Yida.
We’ve been laying the groundwork for our “new normal” for months now. Now that it feels we entering this new season, here are just a few things coming down the pipe:
Our leadership team is crafting a new strategic plan this summer. This is simply a document we use internally to stay focused on our goals and provide guidance on how to achieve them. This process was supposed to be completed last year, but we were forced to put it on hold due to the pandemic.
Donations to our Endowment Fund are still being matched! $13,000 in extra cash is still up for grabs. This is a critical part of our rebuilding plans. Learn more here.
Many of you have asked and I can now give a definitive answer: we will be returning the in-person components of Eden's Run 5K and Giving Tuesday this Fall! It’s going to be great to see some of you face-to-face again.
HOW YOU CAN HELP
Once a year, we reintroduce The Renewal monthly giving family to all of you.
This is the easiest and best way to support the teachers and students in Yida. It’s easy in the sense that signing up only takes a minute, and then you’re effortlessly supporting the schools every month. It’s the best way to help because your generosity provides sustainable financial support to the teachers and students.
Here are three specific reasons we need you to sign up:
Endure Primary and Renewal Secondary saw severe budget cuts last year due to COVID-19. We’ve already restored 40% of lost funding, but teacher salaries are still not fully reinstituted. There’s also a back log of maintenance needs.
I often hear that people feel like giving monthly is a huge commitment. The truth is that it doesn't have to be! Many of our newest monthly givers are pitching in just $10 or $20 a month. Small commitments make a big difference.
This is entirely superficial, but we only need 18 more supporters to join The Renewal to reach 100 members. We had hoped to pass this milestone last year, but the pandemic threw a wrench in those plans. Reaching this goal will be like a little morale boost for our staff and Sudanese partners.
As we emerge from a painful 15 months, I remain optimistic about our mission. There is still so much rebuilding to be done; but, together, I know that we’ll arrive at an even better place. Take care.
Onward,
Mark C. Hackett
Executive Director
About Us
Operation Broken Silence is building a global movement to empower the Sudanese people through innovative programs as a 501(c)(3) nonprofit organization.
We focus on empowering Sudanese change makers and their critical work. Learn more.
Donations are tax-deductible within the guidelines of U.S. law. Give monthly here.
Cryptocurrency Is A Preferred Giving Method
Answers to common questions about donating crypto to our mission in Sudan.
Operation Broken Silence started accepting gifts of cryptocurrency in 2020. Since then, we’ve received a number of fantastic questions about this exciting new form of philanthropy. Five questions in particular keep coming up. We’ve answered them below.
What is cryptocurrency?
Cryptocurrency is a digital asset that circulates on the internet as a medium of exchange.
According to Cryptopedia, cryptocurrency employs blockchain technology — a distributed ledger of transactions that is publicly available — and is secured by advanced cryptography. This revolutionary architecture allows for certainty that cryptocurrency coins and tokens can’t be double-spent.
Basically, cryptocurrency is a payment method that can be exchanged online for goods and services. It’s helpful to think of cryptos as tokens you buy to play games at the arcade. You’ll need to exchange real-world currency (such as U.S. dollars) for a cryptocurrency to access a specific good or service.
The first cryptocurrency to achieve mainstream success was Bitcoin, and other “cryptos” have grown in popularity and value since then as well. There are now a number of secure, user-friendly platforms you can invest, trade, and make payments through, which has led to an influx of new crypto-users.
Is cryptocurrency really a thing?
Despite the naysayers, by all appearances crypto has broken into the mainstream and is now part of the world’s financial system.
Gemini, one of the most respected cryptocurrency exchanges, explains why in their 2021 State of U.S. Crypto Report:
By conservative estimates, roughly 14% of Americans own crypto. That’s 21.2 million adults. Other studies suggest that number is even higher.
A whopping 63% of U.S. adults are defined as crypto-curious, meaning they want to learn more about the technology. Roughly 13% of people in this group plan to purchase cryptocurrency soon, which would nearly double the number of crypto investors in the U.S.
A majority of crypto owners say they hold crypto for its long-term investment potential. Roughly 69% buy and hold, compared to 36% who actively buy and sell to achieve immediate profits and the 27% who actively use it to make purchases.
In 2020, a number of institutional investors came out in public support of cryptocurrency. Major companies like PayPal, Square, Tesla, and MicroStrategy put forward plans to support crypto payments or added large crypto holdings to their balance sheets. A number of other companies are exploring further applications of the blockchain technology that cryptocurrencies are built on.
Why is OBS accepting crypto gifts?
Our decision to accept crypto gifts stems from our long-standing reputation of being a forward-thinking nonprofit.
When it comes to fundraising and elevating the supporter experience, we’ve always been a step or two ahead of the rest of the nonprofit sector. A few examples:
We were one of the first nonprofits to join the Giving Tuesday movement, helping to drive the annual event to one of the biggest giving days every year.
We became an early adaptor of online peer-to-peer fundraising, which empowers our supporters to raise tens of thousands of dollars for our mission from friends and family.
Our recurring donor program is so successful that we’ve been the subject of several case studies, including this one by Classy, the world’s top fundraising platform. Today, recurring giving is the “new thing” many nonprofits are chasing.
Our leadership began exploring cryptocurrency as a giving opportunity in 2017. At that time, we sensed that crypto was an opportunity to reach potential new supporters and propel our mission forward at a faster pace. Gemini’s 2021 report confirms our feeling was accurate —estimating that 74% of crypto owners are 25-44 years old— the age demographic that makes up the majority of our support base.
Unfortunately, there weren’t any user-friendly options for crypto fundraising back then. We decided to keep an eye on the emerging field and jump in at a later date.
In 2020, a long-time donor asked if he could donate crypto instead of giving online by card. A few other donors soon followed suite. That was the green light we’d been waiting for. Operation Broken Silence has received a number of crypto gifts since then.
Operation Broken Silence is partnered with our friends at The Giving Block crypto donation platform to accept donations. Their team of professionals has made donating crypto to our mission in Sudan incredibly easy and secure. Seriously, give it a go:
Are there benefits to giving crypto instead of cash?
The IRS has classified cryptocurrency as a property asset for tax purposes. This means there can be unique tax advantages when you donate crypto to our mission.
According to our partner The Giving Block, taxes on your crypto are similar to taxes on stocks. In short, you end up paying short or long-term capital gains taxes on any gains on your cryptocurrency investments. The rate you pay and whether or not it is considered a short or long term gain depends on how long you’ve held the crypto asset:
If you’ve held a crypto asset for less than one year, it’s considered short-term.
If you’ve held an asset for more than one year, it’s considered long-term.
This is why cryptocurrency can be a preferred giving method. Donating crypto means you can end up paying no capital gains taxes on appreciated crypto, get a fair market value deduction, and Operation Broken Silence receives an even larger donation than if you just sold your crypto and donated cash. Pretty cool, right?
Consult a qualified financial advisor to learn more.
How does OBS use crypto donations?
We sell most of the crypto our donors give, using proceeds to fuel the programs we support in Sudan.
Operation Broken Silence “holds on for dear life” (HODL) to a fraction of crypto gifts. We believe it’s important to keep skin in the game, just like so many in the crypto community do. It also helps to drive more attention and education, making learning about crypto easier and more accessible.
Our team sees long-term investment potential in cryptocurrencies. HODLing a small portion of gifts can lead to more money for the education and healthcare programs we support in Sudan at a later date. Crypto really can change the world.
About Us
Operation Broken Silence is building a global movement to empower the Sudanese people through innovative programs as a 501(c)(3) nonprofit organization.
We focus on empowering Sudanese change makers and their critical work. Learn more here.
Donations are tax-deductible within the guidelines of U.S. law. Give crypto now.
None of this is financial or tax advice. Please do your own research and speak to a qualified financial advisor before making any investment and giving decisions.
Yida Education Update - May 2021
Get the latest news from our education program in Yida Refugee Camp!
In 2015, Operation Broken Silence began funding four Nuba teachers in Yida Refugee Camp. They were giving lessons underneath a tree with a single, broken chalkboard.
With your support, their small effort has blossomed into the Endure Primary and Renewal Secondary Schools. You empower 24 Nuba teachers here. They run the show —not us— and oversee 1,400 students in their classrooms every week.
Endure Primary is one of the top performing schools in the region and a treasured possession of the Nuba community. More than 5,000 children have been served by the school to date. Renewal Secondary began a three-year phased opening in 2019 and has already shown great promise.
One of the largest demographics in Yida is children under the age of 16. The teachers’ vision has always been to ensure that every single child in Yida has the opportunity to attain a quality education at no financial cost to them.
LATEST NEWS
In March, we reported that several cases of COVID-19 had been confirmed in the Nuba Mountains and Yida Refugee Camp. Those individuals were placed in isolation and no confirmed cases have been reported since.
Most activity in Yida occurs in outdoor spaces, and the camp is fairly spacious due to the rural setting. COVID-19 testing and surveillance capacity are severely limited though, so there is a chance the virus is spreading slowly through the community.
National Exams Complete, Results Delayed
All grades at both schools completed their national exams over the past few months. Testing had been repeatedly delayed due to on-and-off national school closures brought on by COVID-19.
The education ministry is now working through a large backlog of tests. Our Nuba education partner in Yida has not been given an estimated completion date. Teachers and students are optimistic about their success.
Classroom Damage
Over the past three years, we’ve worked with our education partner to improve infrastructure at both schools. Thunderstorms were repeatedly damaging classrooms and forcing expensive repairs. By early 2020, all classrooms had received significant weatherproofing and strengthened roofs.
An unusually bad thunderstorm swept over Yida in late March, testing these upgrades like never before. The good news is that most classrooms held up just fine. Two classrooms suffered very minor damage. Unfortunately, one of largest classrooms at Renewal Secondary was hit with a strong gust of wind that tore part of the roof off.
We need to raise an additional $1,500 to complete repairs. Give here or scroll down to learn more about giving.
New Semester Begins
Another round of classes began two weeks ago following a brief break. Due to a quieter situation across the border in the Nuba Mountains right now, quite a few students were able to return home to visit family. Teachers also had an opportunity to relax and spend time with their families.
Teacher and student morale is high at the moment, although there is still a bit or tiredness in the staff. It’s been a long 14 months since COVID-19 was declared a pandemic. Extra precautions and less funding in 2020 —due to the economic fallout of the disease— took their toll here.
The good news is that fundraising is improving. We’ve already restored 30% of the funding the schools lost in 2020. There’s still a long road ahead, but we’re trending in the right direction.
GET INVOLVED
Operation Broken Silence is still the only nonprofit in the world funding community-led education efforts in Yida. Without Endure Primary and Renewal Secondary, the entire education system here would collapse.
Individual donors and fundraisers from around the world fund these teachers and students. You can help by joining our movement:
Additional ways to support:
Make checks payable to Operation Broken Silence, write Education in the memo line, and mail to P.O. Box 770900 Memphis, TN, 38177-0900
ABOUT NUBA
The Nuba Mountains are home to roughly 100 African tribal groups who have lived here for over 2,000 years.
The roughly 1.3 million Christian, Muslim, and traditionalist Nuba people live mostly in harmony together.
Sadly, the Nuba way of life has been in danger for decades. Sudan’s military and extremist regime officials have long viewed the Nuba people as a threat to their iron-fisted rule. The military and their extremist paramilitary allies have committed two genocides in the region since the 1990s.
Sudanese dictator Omar al-Bashir was overthrown in a military coup in April 2019. Sudan now has a fledgling transitional government that is supposed to be moving the country toward civilian, democratic rule. A fragile ceasefire is in place right now, but war clouds still loom over the Nuba Mountains.
Operation Broken Silence focuses on the Nuba Mountains and nearby Yida Refugee Camp. We are the only funder of education efforts in Yida Refugee Camp. Your generous support is essential for the teachers. Learn more about our mission here.
Biden Administration Rescinds Sanctions On International Criminal Court
We welcome the decision by the Biden Administration to end sanctions on ICC officials.
In a letter to Congressional leadership, President Biden announced today that his administration is ending sanctions and visa restrictions on officials at the International Criminal Court (ICC).
This news is a welcome announcement for the world’s court of last resort, as well as victims of genocide, war crimes, and crimes against humanity who look to the court for justice.
It is also a reminder that civil society advocacy works. In February, Operation Broken Silence joined 70+ NGOs, faith-based groups, and academic institutions in calling on the Biden Administration to repeal these sanctions and restrictions. Our voices were heard.
Rather than being seen as a major step forward for justice, this decision should be understood as a return to the status quo.
The relationship between the United States and ICC has always been strained.
The US participated in the negotiations that created the ICC; however, in 1998, the US voted against the Rome Statute, the Court’s founding treaty. President Clinton signed the Rome Statute but did not submit the treaty to the US Senate for ratification.
In 2002, President Bush “unsigned” the treaty, sending a message that the US would not ratify. The Bush Administration promptly began a global campaign against the ICC, but these efforts were largely ineffective.
By 2005, US posture toward the court began to shift to a more neutral position. That year, the US refused to veto a United Nations Security Council request that the ICC open an investigation into the mass atrocity crimes being committed in Darfur, Sudan.
Underneath the Obama Administration in 2011, the US government’s stance toward the ICC shifted further to being modestly supportive. The US voted for the Security Council referral of the deteriorating situation in Libya to the Court for further action. And in 2012, American Special Forces and diplomats played critical roles in turning over two ICC suspects (Bosco Ntaganda and Dominic Ongwen) to the Court.
This progress shifted dramatically underneath the Trump Administration. In 2018-2019, administration officials and the President himself disparaged the Court every time the topic came up. The US imposed visa bans on ICC officials and, shockingly, Secretary of State Mike Pompeo publicly threatened — by name — two ICC staffers. In a 2020 Executive Order, President Trump sanctioned ICC officials and threatened those who assisted the Court in their investigations, including American citizens, a move that severely harmed the Court’s efforts.
Underneath President Biden, US policy toward the ICC appears to be shifting back to the neutral-modestly supportive stance. In other words: the status quo. The nearly two decades-long tensions between the US and the ICC will most likely remain for now.
This tension is evident in President Biden’s letter to Congressional leaders:
I have determined that, although the United States continues to object to the ICC’s assertions of jurisdiction over personnel of such non-States Parties as the United States and its allies absent their consent or referral by the United Nations Security Council and will vigorously protect current and former United States personnel from any attempts to exercise such jurisdiction, the threat and imposition of financial sanctions against the Court, its personnel, and those who assist it are not an effective or appropriate strategy for addressing the United States’ concerns with the ICC.
It is also evident in the press release from the Court’s Public Affairs Unit:
The Court is mindful that the United States has traditionally made important contributions to the cause of international criminal justice. The Court stands ready to reengage with the US in the continuation of that tradition based on mutual respect and constructive engagement.
In the fulfilment of its independent and impartial judicial mandate, the Court acts strictly within the confines of the Rome Statute, as a Court of last resort, in a manner complementary to national jurisdictions. The Court relies on the support and cooperation of its States Parties, representing all regions of the world, and of the international community more broadly.
In summary, this is akin to old high school acquaintances — who haven’t seen each other in years — bumping into each other. It’s a little awkward and no one really knows what to say or do next, but it still feels warm and fuzzy.
The United States should be doing more to support the ICC.
Because the ICC is a standing international institution, US policy will inevitably evolve over time based on current and future events. Both the good and the bad can be undone at any given time based on the occupant of the White House.
Still, the Biden Administration really should come up with an array of options that are more supportive of the ICC, even though it’s unlikely the US Senate will ratify the Rome Statue any time soon. During the Obama Administration, the US government found some creative ways to be more supportive of the ICC’s important work (see above section), so doing more is not without precedence. The State Department and FBI already have multiple international justice outlets built into their respective institutions. Aligning some of those outlets with specific ICC cases the US has interests in isn’t exactly a crazy idea.
One can also argue that the Biden Administration’s campaign to restore US credibility around the globe would receive a boost if the US became more supportive of the ICC. 123 countries are party to the Rome Statue, including many key US allies who vocally support the Court. Taking a more proactive and positive approach to the ICC would undoubtedly help heal some wounds in America’s bilateral relationships.
All that to say, moving back to the status quo is better than staying the course of the Trump Administration.
We do hope that the Biden Administration and Congressional leaders use this announcement as a springboard to improve relations with the ICC and begin working on longstanding concerns between American and Court officials. It’s past time for progress.
Get Involved
Change in Sudan doesn’t happen overnight. That’s why Operation Broken Silence supports long-term education and healthcare programs in the Nuba Mountains region.
Several years ago we created an endowment fund, a move that has already proven its value. When COVID-19 temporarily brought our fundraising to a screeching halt in the spring and summer of 2020, this special fund helped us keep our doors open and our Sudanese partners afloat.
Right now, a generous private donor is matching all gifts to our endowment, up to $25,000 total! You can help by making a donation or starting a campaign and asking your friends and family to give.
Here are a few other ways you can give as well:
Join The Renewal, our family of monthly givers
Make checks payable to Operation Broken Silence, write Endowment in the memo line, and mail to P.O. Box 770900 Memphis, TN, 38177-0900
About Us
Operation Broken Silence is building a global movement to empower the Sudanese people through innovative programs as a 501(c)(3) nonprofit organization.
We focus on empowering Sudanese change makers and their critical work. Learn more here.
Donations are tax-deductible within the guidelines of U.S. law. Give here.