INTRODUCTION
On 3 November 1997, President Clinton signed executive order
13067, under the International Emergency Economic Powers Act
(50 U.S.C. 1703
et seq) and the National Emergencies
Act (50 USC 1641 c), which imposed comprehensive trade and
economic sanctions against Sudan. The order declared "that
the policies of Sudan constitute an extraordinary and unusual
threat to the national security and foreign policy of the
United States". On 1 July 1998, the Department of the
Treasury's Office of Foreign Assets Control (OFAC) issued
the Sudanese Sanctions Regulations (63 Fed. Reg. 35809, July
1, 1998). These regulations blocked all property and interests
in property of the Sudanese Government, its agencies, instrumentalities
and controlled entities, including the Bank of Sudan, that
were in the United States. The Clinton Administration has
also brought pressure to bear on private banks and multilateral
lending agencies not to lend to Sudan.
It was stated by the Administration that these sanctions were
introduced as "direct consequence of the Sudanese regime's
sponsorship of international terrorism".
The sanctions order has been renewed every year since 1997.
On all these occasions the Clinton Administration has claimed
that Sudan "continues to present an extraordinary and
unusual threat to the national security and foreign policy
of the United States". In October 1999, for example,
in renewing the sanctions order, President Clinton once again
stated that "[t]he Government of Sudan continues to support
international terrorism".
Any detailed examination of the Clinton Administration's claims
of Sudan's alleged involvement in sponsoring international
terrorism, claims that are pivotal to it's rationale for imposing
sanctions on Sudan, quickly exposes the almost unbelievable
shallowness of such allegations.
THE CLINTON ADMINISTRATION'S CLAIMS OF SUDANESE INVOLVEMENT
IN TERRORISM
The cornerstone of the Clinton Administration's rationale
for its policies towards Sudan are repeated claims that Sudan
is a supporter of international terrorism. This is manifested
in statements by Administration officials and is constantly
cited in media coverage. The Clinton Administration listed
Sudan as a state sponsor of terrorism in August 1993. Sudan
joined Iran, Iraq, Libya, North Korea, Syria and Cuba on the
American list. Whatever other states on the list may have
done, Sudan was included in spite of the fact that there
was
not a single example of Sudanese involvement in any act of
international terrorism. Sudan was listed without any
evidence of its alleged support for terrorism. This much is
a matter of record. Former United States President Jimmy Carter,
long interested in Sudanese affairs, went out of his way to
see what evidence there was for Sudan's listing. Carter was
told there was no evidence:
In fact, when I later asked an assistant secretary
of state he said they did not have any proof, but there
were strong allegations.
Various newspapers and journals also recorded the simple lack
of evidence for terrorist support before and after Sudan's
listing. The London
Independent newspaper of 9 June
1993, for example, stated: "So far, no major terrorist
incident has been traced to the Islamic regime in Sudan. The
Sudanese lack the logistical abilities to run terrorist networks...even
if they wished". The London
Guardian newspaper
of 19 August 1993 reported that: "Independent experts
believe...that these reports [of terrorist training camps]
have been exaggerated, and that Sudan is too short of money
to make it an active sponsor of terrorism". The
Independent's
Robert Fisk writing in December 1993, several months after
the American decision, described Sudan as:
a country that is slowly convincing its neighbours
that Washington's decision to put Sudan on its list of
states supporting 'terrorism' might, after all, be groundless.
Even Western diplomats in Khartoum are now admitting privately
that - save for reports of a Palestinian camp outside
Khartoum like those that also exist in Tunisia, Yemen,
Syria and other Arab countries - there may be no guerrilla
training bases in the country after all.
THE LISTING OF SUDAN AS A STATE SPONSOR OF TERRORISM
It would seem, therefore, that despite no evidence whatsoever
of involvement in any act of terrorism, Sudan was listed as
a state sponsor of terrorism. Donald Petterson, the United
States ambassador to Sudan at the time of Sudan's listing,
stated that he was "surprised" that Sudan was put
on the terrorism list. Petterson said that while he was aware
of "collusion" between "some elements of the
Sudanese Government" and various "terrorist"
organisations:
I did not think this evidence was sufficiently conclusive
to put Sudan on the U.S. government's list of state sponsors
of terrorism.
It would appear that Ambassador Petterson, the Clinton Administration's
ambassador to Sudan, was not even briefed prior to the decision
to list Sudan being taken. When he queried the decision, he
was told by an assistant secretary of state that the "new
evidence was conclusive". One can only speculate as to
whether the assistant secretary of state briefing Ambassador
Petterson was the same assistant secretary of state who told
former President Carter a few days later that the Clinton
Administration did not have any proof, but that there were
"strong allegations".
The Clinton Administration's listing of Sudan served clear
objectives. Sudan was projected as a state sponsor of terrorism
and thereby to a great extent isolated internationally. The
listing also brings with it specific sanctions, financial
restrictions and prohibitions on economic assistance. These
include a ban on arms-related exports and sales and a tight
control of "dual-use" goods and technologies. The
United States must also oppose any loan from international
financial institutions for a country on the terrorism list.
The 1994
Patterns of Global Terrorism once again stated
that: "There is no evidence that Sudan, which is dominated
by the National Islamic Front (NIF), conducted or sponsored
a specific act of terrorism in 1994". The report did
claim that people associated with ANO, the Lebanese Hizballah,
the Palestinian Islamic Resistance Movement (HAMAS), the Palestinian
Islamic Jihad (PIJ) and Egypt's Islamic Group are present
in Sudan. In what was described as a "positive development",
the report did record that the international terrorist "Carlos",
Illyich Ramirez Sanchez, was extradited to France.
It is clear that the Clinton Administration's listing of Sudan
as a state sponsor of terrorism, in the absence of any proof
or evidence of such activity, was an abuse of United States
anti-terrorism legislation for policy reasons.
THE CLINTON ADMINISTRATION'S SYSTEMATIC ABUSE OF ANTI-TERRORIST
LEGISLATION
As has been touched upon above, the Clinton Administration
has blatantly abused American anti-terrorist legislation,
using such legislation as an instrument of policy. There are
clear macro and micro examples of such behaviour. The listing
of Sudan as a state sponsor of terrorism is a clear macro
example. A further clear-cut example of the Administration's
misuse of anti-terrorism legislation for political reasons
followed the Administration's cruise missile attack on the
al-Shifa medicines factory in Khartoum. It is now abundantly
evident that this attack, allegedly on a chemical weapons
facility owned by Osama bin-Laden, was a disastrous intelligence
failure. Every one of the American claims about the al-Shifa
factory proved to be false. Clinton Administration officials
also subsequently admitted that when they attacked the factory
they did not actually know who the owner was, Under Secretary
of State Thomas Pickering stating that who owned the plant
"was not known to us".
When, several days later, the American Government learnt,
from subsequent media coverage of the attack, who actually
owned the factory, that person, Mr Saleh Idris, was then retrospectively
listed under legislation dealing with "specially designated
terrorists". On 26 August, 1998, the Office of Foreign
Assets Control, the unit within the U.S. Treasury Department
charged with the enforcement of anti-terrorism sanctions,
froze more than US$ 24 million of Mr Idris's assets. These
assets had been held in Bank of America accounts. On 26 February
1999, Mr Idris filed an action in the U.S. District Court
for the District of Columbia, for the release of his assets,
claiming that the Government's actions had been unlawful.
His lawyers stated that while the law used by the Clinton
Administration to freeze his assets required a finding that
Mr Idris was, or had been, associated with terrorist activities,
no such determination had ever been made. Mr Idris had never
had any association whatsoever with terrorists or terrorism.
On 4 May 1999, the deadline by which the Government had to
file a defence in court, the Clinton Administration backed
down and had to authorise the full and unconditional release
of his assets.
When convenient to it the Administration has also chosen to
ignore its own anti-terrorist legislation for economic and
business reasons. The Clinton Administration has, for example,
granted sanctions exemptions for the import of Sudanese gum
arabic, an indispensable foods, soft drinks and pharmaceutical
stabiliser, of which Sudan has a near monopoly. And, in an
equally clear cut instance of hypocrisy, it is also the case
that in late 1996 the Clinton Administration had sought to
grant an exemption to Occidental Petroleum, an American oil
company, to become involved in the Sudanese oil industry.
The Occidental issue caused the Administration considerable
embarrassment. At a January 1997 press briefing, a State Department
spokesman defended the Administration's position by stating:
"If.individual financial transactions are found not to
have an impact on any potential act of terrorism or to fund
any group that supports terrorism, then these transactions.may
be permitted". The
New York Times commented that:
Recent days brought word that last summer business
considerations led the White House to waive a law prohibiting
American companies from doing business with countries
that sponsored terrorism. Specifically, officials gave
approval to the Occidental Petroleum Corporation to take
part in a $930 million oil project in Sudan.Washington's
policy toward the Sudanese regime now seems hopelessly
confused. Secretary of State Madeleine Albright did little
to clarify it at her introductory news conference last
Friday. Even as she called for new United Nations sanctions
against Sudan, she endorsed the decision to let Occidental
bid for the oil contract.
The
Washington Post also commented:
[T]he elasticity of the law as it comes to US economic
interests - and especially when those interests also happen
to contribute generously to the Democratic National Committee
- will not go unnoticed.It can only undercut U.S. efforts
to isolate what it considers - or says it considers -
rogue states.
THE WORLD TRADE CENTER BOMBING: CONTRADICTION AND CONFUSION
The World Trade Center in New York was bombed in February
1993. One person died and dozens were injured when a car-bomb
parked in the Center's car-park went off. In March 1994, four
Arabs were convicted of having caused the explosion. Ten other
people were later also convicted in connection with the World
Trade Center bombing and other terrorist conspiracies. In
a remarkably clumsy way, the Clinton Administration has from
time to time sought to insinuate that Sudan was somehow involved
in the bombing.
In so doing, the Clinton Administration has contradicted itself
on several occasions. In March 1993, for example, the United
States Government stated that the World Trade Center bombing
was carried out by a poorly trained local group of individuals
who were not under the auspices of a foreign Government or
international network. In June 1993, the American authorities
again stated there was no evidence of foreign involvement
in the New York bombing or conspiracies. The American Government
then reversed its position in August 1993 alleging Sudanese
involvement in the New York bomb plots. This finding was then
comprehensively contradicted in 1996 by Ambassador Philip
C. Wilcox Jr., the Department of State's Coordinator for Counterterrorism.
On the occasion of the release of the 1995
Patterns of
Global Terrorism, on 30 April 1996, Ambassador Wilcox
made it very clear that there was no Sudanese involvement
whatsoever in the World Trade Center bombings:
We have looked very, very carefully and pursued all
possible clues that there might be some state sponsorship
behind the World Trade Center bombing. We have found no
such evidence, in spite of an exhaustive search, that
any state was responsible for that crime. Our information
indicates that Ramzi Ahmed Yousef and his gang were a
group of freelance terrorists, many of whom were trained
in Afghanistan, who came from various nations but who
did not rely on support from any state.
It is disturbing to note that in March 2000, seven years after
the World Trade Center bombing, and four years after Ambassador
Wilcox gave the definitive answer stating there was no Sudanese
involvement, President Clinton's special envoy to Sudan, former
Congressman Harry Johnston, was still insinuating Sudanese
involvement, stating that all those involved in the bombing
has carried Sudanese passports. First of all, as stated above,
only five of the fifteen people arrested were Sudanese. Nationality
in and of itself is no evidence for a state's involvement
in terrorism, and particularly in the case of the World Trade
Center bombing. A number of those involved were Egyptian,
would this mean that Egypt was complicit in the bombing? Others
were Americans and Palestinians. Two other American citizens
have been indicted for their involvement in the East African
embassy bombings. Does this necessarily imply that the American
Government was somehow involved?
The listing of Sudan as a state sponsor of terrorism provides
a macro example of the Clinton Administration's abuse of anti-terrorist
legislation. The case of Mr Idris provides us with a micro
example of this misuse. This abuse and the manipulation of
legal measures for political expediency and convenience is
not just immoral; it also discredits American anti-terrorist
legislation internationally.
THE CLINTON ADMINISTRATION AND SUDAN: A SYSTEMIC INTELLIGENCE
FAILURE
The Clinton Administration's intelligence and information
on Sudan in general and "terrorism" in particular,
and especially the way the administration has chosen to interpret
and use intelligence, has self-evidently been abysmal. The
Clinton Administration is served by thirteen separate intelligence
agencies. Their budget amounts to almost thirty billion dollars
a year: 85 percent of this budget is dedicated to military
intelligence. The primary mission of these intelligence agencies
is "to collect, evaluate, and disseminate foreign intelligence
to assist the President and senior US Government policymakers
in making decisions relating to the national security".
Amongst the many resources at the disposal of these intelligence
agencies are satellites that can see everything imaginable
and that can monitor every electronic communication on the
face of the earth.
One would have assumed that allegations of weapons of mass
destruction technology, and factories allegedly engaged in
the production of such weapons, particularly in the hands
of people apparently of people such as Osama bin Laden, would
have been of considerable significance to American "national
security". One would have imagined that some of the immense
resources briefly mentioned above would have been focused
on every facet of the al-Shifa factory in Khartoum. Indeed,
the Clinton Administration claimed that the al-Shifa medicines
factory had been under surveillance for several months before
the Cruise missile attack which destroyed the plant.
It would appear, however, that despite having monitored the
al-Shifa factory for all that time and despite the awesome
array of intelligence resources and assets at their disposal,
it was beyond the ability of the American intelligence community
to ascertain who owned Sudan's biggest pharmaceutical factory,
despite the fact that the factory was publicly mortgaged.
It is also clear that far from being able to ascertain whether
the al-Shifa medicines factory produced any chemical weapons,
the American intelligence community were not even able to
ascertain whether al-Shifa produced any commercial products
- despite the fact that the factory produced two-thirds of
Sudan's medicines and animal drug needs, and held United Nations
drug contracts. A simple low-tech telephone call to the Sudanese
chamber of commerce, or to the factory itself, or to any of
the various ambassadors - including the British ambassador
- who had visited the factory, would have answered several
of the questions which the Clinton Administration so publicly
got wrong in the days following the bombing. This almost unbelievable
intelligence failure is also all the more surprising given
the fact that Washington had previously enjoyed a warm military
and intelligence relationship with Sudan in the 1980s, and
despite the fact that unlike intelligence gathering in other
countries such as Libya, Iraq or Iran, which is very difficult
given the closed nature of those countries, Sudan is, in the
words of the
Guardian, "one of the most open and
relaxed Arab countries".
That the Clinton Administration chose to act on what has subsequently
been seen to be faulty intelligence is a reflection of poor
judgement on the part of the Administration. Equally unacceptable
has been the Administration's tendency to ignore intelligence
concerns when they conflicted with stated policy. To have
allowed intelligence gathering and analysis on Sudan to degenerate
as much has it clearly did is a reflection of bad Government.
Both are compounded by the Administration's clear attempts
to then defend a questionable stance towards Sudan by hiding
behind "intelligence" which could not be "revealed."
Former President Carter established in 1993 that, despite
listing Sudan as a state sponsor of terrorism, the Clinton
Administration had no evidence to support the listing. Several
years later the absence of any intelligence to support the
Clinton Administration's continuing allegations of Sudanese
involvement in terrorism continued to be documented. A 26
December 1996
International Herald Tribune article
by veteran American investigative reporter Tim Weiner, made
it clear that no evidence had emerged: "U.S. officials
have no hard proof that Sudan still provides training centers
for terrorists". The article stated that "The big
issue for the United States is that Sudan has served as a
safe house for stateless revolutionaries". Mr Weiner
also interviewed key American officials "responsible
for analyzing the Sudan". The answer to whether or not
Sudan was involved in supporting terrorism, was "we just
don't know". Sudan, nevertheless, continued to be listed
as a state sponsor of terrorism.
What is clear is that American intelligence agencies have
not able to find any proof of Sudanese involvement in international
terrorism, before or after the Clinton Administration listed
Sudan as a state sponsor of terrorism. The singular lack of
judgement on the part of the Clinton Administration and the
American intelligence community was amply illustrated by its
eagerness to accepted fabricated claims concerning the Sudanese
Government.
THE CLINTON ADMINISTRATION'S WITHDRAWAL OF OVER 100
"FABRICATED" REPORTS ON SUDAN AND "TERRORISM"
Not only were American intelligence agencies unable to accurately
analyse events and trends in Sudan, there is ample evidence
that they actually accepted as facts claims about Sudanese
involvement in terrorism which were subsequently revealed
to have been fabricated. In September 1998, in the wake of
the al-Shifa fiasco, both the
New York Times and the
London
Times reported that the Central Intelligence
Agency had previously secretly had to withdraw over one hundred
of its reports alleging Sudanese involvement in terrorism.
The CIA had realised that the reports in question had been
fabricated. The London
Times concluded that this:
is no great surprise to those who have watched similar
CIA operations in Africa where "American intelligence"
is often seen as an oxymoron.
A striking example of this was the closure by the Clinton
Administration of the American embassy in Khartoum in 1996.
This decision was presented as yet one more example of concern
over Sudan's alleged support for international terrorism.
CIA reports were said to have stated that American embassy
staff and their families were in danger. The Clinton Administration's
spokesman, Nicholas Burns, stated at the time that:
We have been concerned for a long period of time about
the activities and movements of specific terrorist organizations
who are resident in Sudan. Over the course of many, many
conversations with the Sudanese Government, we simply
could not be assured that the Sudanese Government was
capable of protecting our Americans against the specific
threats that concerned us.[T]he specific nature of these
threats, the persistence of these threats, and our root
belief at the end of all these conversations that this
particular government could not protect them led us to
take this extraordinary measure of withdrawing all of
our diplomats.
It is now admitted the reports cited in justifying this decision
were subsequently withdrawn as having been fabricated. As
the
New York Times investigation documented:
In late 1995 the CIA realized that a foreign agent
who had warned repeatedly of startling terrorist threats
to U.S. diplomats, spies and their children in Khartoum
was fabricating information. They withdrew his reports,
but the climate of fear and mistrust created by the reports
bolstered the case for withdrawing personnel from the
U.S. Embassy in Khartoum, officials said.The embassy remained
closed, even though, as a senior intelligence official
put it, "the threat wasn't there" as of 1996.
The
New York Times also reported that there were similar
unverified and uncorroborated reports that the then national
security advisor, Antony Lake, had been targeted for assassination
by terrorists based in Sudan. Lake was moved into Blair House,
a federal mansion across the street from the White House and
then to a second, secret, location. The
New York Times
reported that Lake "disappeared from view around the
time the embassy's personnel were withdrawn". There is
little doubt that the supposed threat to Lake was as fabricated
as the CIA reports concerning the American embassy in Khartoum.
The newspaper stated that: "The threat to Tony Lake had
a chilling effect on the National Security Council."
There is no doubt that the equally spurious "threats"
to American diplomats and their children in Khartoum had an
equally chilling effect on the State Department and other
agencies. The fact remains, however, that these "threats",
then seen as proof of Sudanese complicity in terrorism, were
subsequently admitted to have been fabricated. To have to
withdraw one or two intelligence reports on such serious matters
is bad enough. To have to withdraw over one hundred such reports
can only be described as a massive systemic intelligence failure.
One can only but point out that the Clinton Administration
used the Sudanese Government's inability to react to "specific"
threats made by "specific" terrorist organisations
against American diplomats, non-existent fabricated threats,
as one more example of Sudan's involvement with terrorism.
A further question should be raised: who was responsible for
their fabrication and for what reasons?
The American embassy in Khartoum was subsequently partly re-opened
in October 1997, and Antony Lake eventually did come out of
hiding. And yet, as late as March 2000, four years after the
above intelligence fiasco, the White House was still falsely
stating: "In 1996, we removed full-time staff from the
Embassy and relocated them to Nairobi for security reasons."
In what could pass for a snapshot of the accuracy of Clinton
Administration claims about Sudan and terrorism in general,
the
New York Times stated that:
the Central Intelligence Agency.recently concluded
that reports that had appeared to document a clear link
between the Sudanese Government and terrorist activities
were fabricated and unreliable.The United States is entitled
to use military force to protect itself against terrorism.
But the case for every such action must be rigorously
established. In the case of the Sudan, Washington has
conspicuously failed to prove its case.
Ambassador Petterson, the United States ambassador to Sudan
from 1992-95, clearly documents an earlier example of the
Clinton Administration acting upon fabricated and unreliable
claims of Sudanese complicity in "terrorism". In
his memoirs of his time in Sudan Ambassador Petterson reveals
that in August 1993, "information about a plan to harm
American officials led the State Department to order an evacuation
of our spouses and children and a reduction of my American
staff by one-third". Petterson stated that "[w]e
at the embassy had seen or heard nothing manifesting a clear
and present danger from either terrorists or the Sudanese
government. But the order was firm and irrevocable".
Petterson also documented that subsequently "new information"
had been "acquired" which indicated "an increasingly
precarious situation for Americans in Khartoum". Ambassador
Petterson later reveals that the allegations in question were
unfounded:
The months wore on, no credible threat to embassy Americans
materialized, and eventually serious doubt was raised
about the validity of the information that had led to
the evacuation.
It perhaps goes without saying that for a Government to evacuate
the spouses and children of diplomats, and to reduce its embassy
staff, is a serious matter. It is an even more serious matter
when a Government totally closes an embassy, withdrawing all
diplomats and dependants. This was done on two occasions in
Sudan. The partial evacuation happened in 1993. The total
evacuation was carried out in 1996. The Clinton Administration
ordered both evacuations on the basis of intelligence information
received which supposedly warned of threats to American diplomats
and their families. On both occasions the Administration also
demanded that the Sudanese Government somehow deal with these
threats, and it was inferred that if Khartoum did not do so
this would be more evidence of Sudan's involvement with terrorism.
How the Sudanese Government could have dealt with alleged
threats that are now admitted to have been fabricated is an
interesting point unaddressed by the Clinton Administration.
THE CLINTON ADMINISTRATION'S REFUSAL OF SUDANESE REQUESTS
FOR COUNTER-TERRORISM TEAMS TO VISIT SUDAN
The Clinton Administration's poor record and questionable
judgement with regard to intelligence and the issue of terrorism
was further highlighted by the September 1998
New York
Times revelation that:
In February 1997, Sudanese President Omar al-Bashir
sent President Clinton a personal letter. It offered,
among other things, to allow U.S. intelligence, law-enforcement
and counterterrorism personnel to enter Sudan and to go
anywhere and see anything, to help stamp out terrorism.
The United States never replied to that letter.
In April 1997, there was another invitation, once again inviting
the Clinton Administration to send FBI counterterrorism units
to Sudan to verify any information they may have had about
terrorism. The letter was addressed to Representative Lee
Hamilton, the then chairman of the House Foreign Affairs Committee,
and is part of the Congressional Record. This offer was eventually
turned down four months later. In 2000, Washington eventually
accepted the offer and an American team comprising experts
from the CIA, FBI and State Department have spent several
weeks in Sudan in 2000. So far these experts have made no
pronouncements on their findings.
There is a further, even more disturbing example of the Clinton
Administration's questionable judgement regarding Sudan and
international terrorism. In a series of investigative articles
entitled "U.S. Fumbles Chance to Nab Bombers: State Department
Stopped FBI from Pursuing Leads in East Africa Blasts",
"State, FBI Questioned Over Africa Blasts: Congress Questions
Sudan Missile Strike, 'Missed Opportunities'" and "Was
Sudan Raid on Target? Did FBI Botch Chance to Grab Embassy
Bombing Suspects?", the American MSNBC new network reported
that in early August 1997, shortly after the terrorist bombings
of the American embassies (and before the bombing of the al-Shifa
factory), the Sudanese authorities had arrested two prime
suspects in the embassy bombings. These suspects had been
observed monitoring the American embassy in Khartoum, and
were arrested after attempting to rent an apartment across
the street from the embassy. The two men had Pakistani passports,
Afghani accents, and a list of known bin-Laden contacts in
Sudan. They had also both been in Kenya for the three weeks
before the embassy bombing. The reference on their visa applications
to enter Sudan was the same company accused by the American
authorities of supplying explosives and weapons to Osama bin-Laden.
The Sudanese authorities notified the FBI and repeatedly offered
to turn the two suspects over to the American authorities.
Senior American law enforcement officials have subsequently
stated that while the FBI were eager to taken up the offer,
the State Department prevented any such investigation. After
the bombing of the al-Shifa factory, the Sudanese Government
deported the two men to Pakistan. In July 1999, MSNBC further
documented that there had been Sudanese offers to assist even
after the al-Shifa bombing:
Still, despite fierce protests from Sudan over the
missile attack, the Sudanese government has continued
to court U.S. officials with intelligence allegedly collected
during the interrogations of the two before they were
deported and observations made during the period between
their release and deportation. As late as last month,
FBI officials had renewed their requests to the State
Department to sanction official contacts with Sudan that
might lead to new information about the bin Laden network's
plans. Again, the State Department declined.
The MSNBC report also quoted a Kenyan diplomat, who described
his Government as "furious" that the U.S. had passed
up on an opportunity to apprehend men suspected of involvement
in the bombing which killed hundreds of Kenyans.
It is a matter of record that both House and Senate intelligence
committees began an investigation into why the Clinton Administration
neglected an opportunity of interviewing two prime suspects
in the embassy bombings. By any standard, the Administration's
studied disinterest in interrogating these two suspects is
deeply questionable. Perhaps it was ineptitude on the part
of politicians, intelligence and law enforcement officials.
Perhaps it was an unwillingness on the part of sections of
the Clinton Administration to address any development that
might have invalidated the attack on Sudan and the al-Shifa
factory that was to follow a week or so afterwards, a strike
that was necessary and urgent in order for President Clinton
to appear "presidential" in the midst of the Lewinsky
scandal.
IGNORING THAT WHICH IS INCONVENIENT
It is evident that the Clinton Administration has barely,
if at all, acknowledged Sudan's efforts to address American
concerns about its alleged support for terrorism. It is difficult
to see what more Khartoum could have done in this respect.
Sudan arrested and extradited Illyich Ramirez Sanchez, "Carlos
the Jackal" to France, and, as requested by Washington,
it expelled Osama bin Laden, and his associates, from Sudan.
In September 1995 Sudan imposed strict visa requirements on
visitors to Sudan, ending its no visa policy for Arab nationals.
In May 2000, Sudan completed the process of acceding to all
of the international instruments for the elimination of international
terrorism. It has signed the following international agreements:
- The 1997 International Convention for the Suppression
of Terrorist Bombings
- The 1999 International Convention for the Suppression
of the Financing of Terrorism.
- The 1988 International Protocol for the Suppression
of Unlawful Acts of Violence at Airports Serving International
Civil Aviation (Montreal 1988)
- The 1980 International Convention on the Physical Protection
of Nuclear Material (Vienna 1980)
- The 1992 International Convention for the Suppression
of Unlawful Acts Against the Safety of Fixed Platforms
Located on the Continental Shelf.
- The 1963 International Convention on Offenses and Certain
Other Acts Committed on board Aircraft.
- The 1991 International Convention on the Marking of
Plastic Explosives for the Purpose of Detection.
Sudan has also become a party to regional agreements and a
participant in regional programmes for the suppression and
elimination of terrorism on the African continent through
the Organisation of African Unity. Sudan has also signed similar
agreements within the framework of the Arab League and the
Organisation of the Islamic Conference. In April 1998, for
example, Sudan became a signatory to the Arab Agreement for
Combating Terrorism. The Sudanese ministers of internal affairs
and justice signed the agreement on behalf of Sudan. In August,
1998, the Sudanese ambassador to Egypt stated Sudan welcomed
an Egyptian proposal to convene an international conference
on combating terrorism. Sudan has also signed the chemical
weapons convention in May 1999.
Furthermore in March 2000, Sudan also comprehensively updated
its own legislation for the suppression of terrorism. The
Sudanese Government has repeatedly invited the United States
to send its own anti-terrorist teams to Sudan to investigate
and follow-up any information they may have about Sudan's
alleged involvement in terrorism.
Sudan has on several occasions invited the American Government
to send CIA and FBI counter-terrorists teams down to Sudan
to investigate any concerns they may have about Sudan and
terrorism. Not only did Sudan immediately condemn the embassy
bombings, it actually arrested two prime suspects in the bombings
and repeatedly requested that the American authorities interrogate
these suspects.
CONCLUSION
Any outside observer can, therefore, examine at first hand
the extent and credibility of the scanty and wholly-inadequate
intelligence used by the Clinton Administration to justify
its sanctions on Sudan. For all the allegations it has made,
and despite the awesome and unprecedented intelligence, information-gathering
and surveillance tools at its disposal, the Clinton Administration
has not been able to point to a single act of terrorism sponsored
or supported by the Government of Sudan - the publicly-stated
rationale for President Clinton's imposition of sanctions.
It has admitted as much in its own reports. Neither has the
Administration identified a single "terrorist training
camp" in Sudan: had any such data been available it would
undoubtedly been attacked at the same time as the al-Shifa
factory. Senior European diplomatic sources in Khartoum have
questioned whether these camps ever existed.
The hundreds of news and sensation hungry journalists who
flooded into Khartoum following the attack on the al-Shifa
factory, all eagerly exploring any terrorist link, were also
unable to find any evidence of terrorists or terrorist camps.
What the Administration did "identify" as a chemical
weapons-producing facility, the al-Shifa plant, is now internationally
acknowledged to have been nothing more than a medicines factory.
The Clinton Administration is also guilty of turning a blind
eye to crucial intelligence opportunities in the war against
terrorism. The Administration chose not to accept two offers
by the Khartoum authorities for American intelligence and
counterterrorist personnel to carry out whatever investigations
they wished to in Sudan. An even more questionable Clinton
Administration decision was to ignore repeated Sudanese requests
that they interrogate two suspects in the embassy bombings.
The Clinton Administration would appear to have ignored this
vital opportunity as it would have been inconvenient given
that they intended to attack Sudan for alleged complicity
in the Nairobi bombings in an attempt for William Clinton
to appear presidential at a crucial juncture in the Monica
Lewinsky scandal.
The Clinton Administration's imposition of sanctions must
be seen against Washington's broader policy and actions with
regard to Sudan. These policies have been characterised by
repeated intelligence failures. These have included failures
with regard to evaluating the nature of the Sudanese Government
and the Islamic model it presents. Washington has refused
to justify any of its claims, invoking the need to protect
"intelligence" sources. On the only occasion when
the Administration reluctantly attempted to justify its claims,
allegations that the al-Shifa medicines factory was owned
by terrorists and manufacturing chemical weapons, its "intelligence"
crumbled in the face of media reporting. Any sanctions policy
or executive orders based even in part on this shambolic state
of affairs only serves to further undermine confidence in
the United States Government's credibility.
Where the Clinton Administration's policies have succeeded,
however, is in preventing a peaceful resolution of the Sudanese
conflict. As former President Carter has pointed out Washington
is the obstacle to a negotiated settlement. The Administration's
continued encouragement of southern rebels to pay lip service
to peace talks while continuing with their ultimately futile
war against Khartoum is virtually all that keeps the war going.
The Clinton Administration makes much of human rights abuses
within Sudan. Indeed it has also cited human rights violations
as additional grounds for sanctions. It is widely acknowledged
that the vast majority of human rights abuses in Sudan are
a direct consequence of the vicious civil war that is being
fought in that country. Human rights always suffer grievously
in war, and particularly civil war - as the United States
should be only too aware of from its own history. It is a
simple fact that, as former President Carter has stated, the
Clinton Administration is artificially sustaining the Sudanese
civil war. It is itself, therefore, at least partly responsible
for any human rights abuses that take place.
Perhaps the Clinton Administration has simply been caught
up with the arrogance of power. In this respect, Washington's
policy towards Sudan is but one example of a general shortcoming
on the part of the Clinton Administration. Even
Time
magazine dedicated a cover page and story in 1997 to the question
"Power Trip. Even its Best Friends are Asking: Is America
in Danger of Becoming a Global Bully?". The
Economist
has also stated: "The United States is unpredictable;
unreliable; too easily excited; too easily distracted; too
fond of throwing its weight around." It is always bad
when a superpower, and especially
the superpower, acts
as a bully. It is even worse for its reputation when its policy
has been as transparently questionable as American policy
has been towards Sudan. Washington's sanctions policy on Sudan
is at the forefront of this policy.