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You are here: Home / Archives for al-Bashir

al-Bashir

Feature — Putsch-ed Out of Power: After Sudan’s Coup d’Etat Set the Board, Where will the Pieces Move?

May 6, 2019 by Stephen Jones

By Stephen Jones

7 May 2019

Part 1, with Analysis as of 13 April 2019

Omar al-Bashir during a 2011 visit to Juba (Al Jazeera English)

Following months of protests demanding the resignation of long-time Sudanese dictator Omar al-Bashir, he was removed from power by a military coup on Thursday, 11 April 2019. The coup, led by former allies of the President, is far from a complete regime change and Sudan is by no means on a certain and steady road to democratic governance. Complicated further by territorial disputes with Egypt, an unstable peace agreement with South Sudan which may yet collapse into fresh civil war, and the legacy of ethnic cleansing and genocide in Darfur, the country has a difficult course to chart if the democratic vision of tens of thousands of protestors is to be realised. Amidst the ever-changing aftermath of the coup, this article will attempt the fool’s errand of predicting how the situation may develop in the medium- to long-term with regards to Sudan’s main players: former-President al-Bashir, the coup leaders, and the civilian protestors.

Who Mourns For al-Bashir?

So far, it seems, no-one. al-Bashir’s closest allies took part in the coup against him, led by the multi-tasking Defence Minister and Vice-President Ibn Auf, previously al-Bashir’s presumed successor. Even the Rapid Support Forces (RSF), the paramilitary force formerly loyal to the President has issued statements apologising for its role in the regime and pledging itself to “the protection of the Sudanese people”. As it is highly unlikely that any military or paramilitary faction will begin a civil war to return al-Bashir to power, his time as President is without a doubt over.

If no-one will champion al-Bashir against the coup, what lies in store for the former dictator? Indicted for war crimes and crimes against humanity by the International Criminal Court (ICC) since 2009 for the ethnic cleansing and genocide that he oversaw in the western region of Darfur during 2003 and 2004, many civil rights activists around the world had hoped he would be extradited to face justice in the Netherlands. However, the coup leaders have made it clear that they do not wish to extradite him. This is likely because the coup leaders themselves are implicated in the same crimes through their roles in senior military leadership at the time, such as Ibn Auf’s position as head of Military Intelligence during the oppressive campaign. To set a precedent of holding those responsible to account would leave the coup leaders vulnerable to prosecution themselves. This reluctance to see justice administered through internationally recognised institutions and processes does not paint an encouraging picture for those hoping to see Sudan transition to a law and norm-abiding democratic nation.

Instead, al-Bashir faces two possible futures. For the same reasons as above, it is likely Sudan’s new leaders will refuse to prosecute him domestically, and instead exile him to a regional ally or neighbour such as Saudi Arabia or Egypt. It is a realistic possibility that al-Bashir struck a deal with military leaders, not calling on his paramilitary supporters to resist the coup in return for avoiding prosecution and retaining a comfortable life in exile. This would again avoid setting a precedent of accountability for the crimes against humanity committed fifteen years ago. Alternatively, it is also likely that coup leaders will use al-Bashir as a scapegoat, prosecuting him in an unfair trial with a forgone conclusion, likely ending with his execution in an attempt to gain favour with the anti-Bashir protestors. Either way, it is highly unlikely that the former President will receive a free and fair trial; not a good start for those hoping that strong, independent judicial institutions would flourish to form the backbone of a new democracy.

You Say You Want A Revolution? Keep Waiting, says the Army.

Ever since soldiers stepped in to protect protestors from Government-aligned militias on 8 April, a military coup seemed inevitable. Announcing the coup on state TV on 11 April, Defence Minister and putsch leader Ibn Auf declared a three-month state of emergency and a two-year transitional period before any democratic formation of civilian government could be held. A concern for many Sudanese protestors, who continue to sit-in at army headquarters, is that the coup will end up as a mere rebranding rather than a revolution, with one dictator simply replaced by another.

The initial indications, however, are reasonably promising for the protestors demanding democratic, civilian government. Ibn Auf, the coup leader and former close ally of al-Bashir, stepped down on Friday, 12 April after less than twenty-four hours in charge of the country, declaring veteran soldier General Abdel Fattah al-Burhan his successor. Similarly, another close ally of al-Bashir and leader of the coup, head of Sudan’s intelligence service the National Intelligence and Security Service (NISS), Salih Ghosh resigned on Saturday, 13 April. Having orchestrated violent crackdowns on protestors since December, Ghosh was deeply unpopular with protestors despite his recent role in removing al-Bashir. In most military coups, the coup leaders declare themselves the new heads of government, usually after a brief power struggle between themselves. However, in Sudan we have seen former allies of the President first oust him, then — apparently voluntarily, although under large pressure from protestors — step down. It is unclear whether the resignations were driven by personal values, internal power politics, or fear of what angry protestors would do were they not placated. So far, no actor appears desperate to cling to power. While this is encouraging, protest movements should not drop their vigilance until their demands for democracy are enshrined in stable state institutions.

With a smaller public profile, little involvement in the Darfur genocide, and few direct links with al-Bashir, Sudan’s subsequently appointed leader al-Burhan was a less controversial figure than Ibn Auf; the military likely hoped his appointment would calm protestors’ demands for civilian governance, but the gambit did not worked and the sit-ins continued. A relatively unknown character, he had the support of the paramilitary RSF after fighting alongside them in Yemen against Houthi rebels, and it is likely that this support was a primary reason for his appointment over other candidates. Should the RSF yield significant influence over al-Burhan, many in Darfur will rightly become nervous, as the RSF is a direct descendant of the Janjaweed militias that committed the bulk of atrocities in 2003 and 2004.

Overall, following the coup, Sudan’s new leaders have attempted to placate protestors with resignations and promises of democracy after a two-year transition, rather than resorting to oppressive measures. While encouraging, there is a realistic possibility that military leaders are simply playing for time, waiting for international interest and attention to fade before reneging on promises of democracy and returning to violent oppression of protestors. The international community, particularly democratic nations and liberal bodies such as the United Nations (UN), must continue advocating for democratic reform. Coup leaders must be prevented from using this two-year transitional period as a chance to consolidate their personal power.

At Present, The Revolution Must Remain Televised

Protestors continue to sit-in at army headquarters in Khartoum demanding democratic civilian government. To get even this far since December, ordinary civilians, mobilised and organised by the Sudanese Professionals Association (SPA), have endured brutal oppressive measures from NISS forces and government-aligned militia groups. As discussed above, that oppression has largely been put on hold for now, although isolated incidents of protestors killed by stray bullets or attacked by NISS forces continue to be reported. It is highly unlikely that the protestors will end their calls for democracy until a civilian government has been formed; therefore, if Sudan’s new leader al-Burhan decides to hold onto power, he will need another way of dispersing these protestors. al-Burhan reportedly already enjoys the support of the RSF, Sudan’s largest paramilitary group, and he will likely have the loyalty of the military due to his rank of Lieutenant General and his reputation as a professional soldier. With the resignation of NISS head Ghosh, al-Burhan is now likely able to appoint a loyalist to lead the intelligence service. With all branches of Sudan’s security apparatus loyal to him, al-Burhan will easily be able to oppress and disperse the unarmed protestors should he so wish.

The most effective protection the protestors currently have from such oppression is the eyes of the world. With global media fixated on the developing situation, international bodies racing to help support a transition to democracy, and writers tripping over their editors to publish op-eds on each new event, the SPA-led protests have a rapt global audience. With the world watching, it is unlikely that al-Burhan will resort to oppressive measures for fear of international isolation, and even UN intervention as in Darfur. However, should news cycles move on, and international advocates for democracy be placated by vague promises of a transitional period, the protestors will lose their watchful shield. International actors must therefore not turn away from Sudan until a peaceful transition to democratic governance has been realised.

Protestors One, Dictators Nil; But It Is Only Half-Time

Overall, al-Bashir is gone for good, although he is unlikely to face justice for his oppressive policies in government and crimes against humanity in Darfur. The generals who replaced him have, so far, appeared to resist the temptations of seizing personal power and continuing al-Bashir’s brutal measures. The restraint, however, is likely due more to the intense pressure generated by the SPA-led protest movements that tirelessly continue to demand civilian governance. Should international attention waver or the protests falter, there is a realistic possibility this revolution will stumble in the second-half of this dramatic Sudanese tale, succumbing to yet another medalled dictator in uniform.


Stephen Jones is a Master’s student at Kings’ War Studies Department, following an MA in Psychology from the University of Edinburgh. His main research interests involve the psychological causes of inter-group conflict and violence, as well as the cognitive processes that allow disinformation campaigns and terror recruitment strategies to succeed. Before joining King’s, he worked for the UN in New York, observing the positive effects of diplomacy and international collaboration in conflicts large and small around the world.

Filed Under: Blog Article, Feature Tagged With: al-Bashir, coup, Coup d'état, Dictator, Khartoum, Overthrow, Protest, Putsch, Revolution, South Sudan, Sudan

Gambling with impunity: al-Bashir, South Africa & the ICC

June 22, 2015 by Strife Staff

By Beatrice Tesconi:

President Omar Hassan al-Bashir leaving plane in April, 2013. Photo: Abayomi Azikiwe (published under fair use policy for intellectual non-commercial purposes)
President Omar Hassan al-Bashir leaving plane in April, 2013, on a visit to South Sudan. Photo: Abayomi Azikiwe (published under fair use policy for intellectual non-commercial purposes)

News that Sudanese President Omar al-Bashir’s jet had taken off from a military base in Pretoria last Monday sparked two starkly different reactions. Upon his arrival in Khartoum, Bashir received a hero’s welcome from hundreds of supporters cheering his safe return home in defiance of a South African court order barring his departure. On the other hand, global civil society and human rights advocates were left in dismay at yet another missed opportunity to bring an alleged perpetrator of grave international crimes to justice. But both sides found themselves agreeing on one thing – the credibility of the International Criminal Court (ICC) had been dealt a decisive blow.

The decision to attend the African Union (AU) summit held in Johannesburg last Saturday was just Bashir’s latest provocation to the Hague-based court, which has been struggling to bring him to trial since 2009. Following a United Nations Security Council (UNSC) referral in 2005, the ICC opened a formal investigation over the conflict in Darfur, which culminated with the issuing of two arrest warrants in 2009 and 2010 for the 71 year-old dictator on charges of war crimes, crimes against humanity and genocide.

As a signatory of the Rome Statute, the founding treaty of the ICC and where the Court’s jurisdictional parameters are laid out, South Africa had an obligation to arrest him. Yet the South African government still promised Bashir and all other African leaders attending the summit full immunity on the basis of a general principle of international law, despite the fact that Article 27 of the Rome Statute waives such immunity ratione personae that is usually granted to heads-of-states in international law.

Things took an unexpected turn when, on Sunday, a South African human rights group managed to secure an interim order from South Africa’s High Court barring Bashir from leaving the country. The South African government argued against the order on the grounds that it had granted immunity to the delegates at the conference. The next day the government let Bashir board his flight home at a military airfield near Pretoria, just as the High Court was holding a hearing that would have ordered the Sudanese leader to be detained and turned over to the ICC. South Africa’s leading party, the African National Congress (ANC), did not hesitate to slam the ICC over its attempt to arrest Bashir, calling it “no longer useful for the purposes for which it was intended”. Yesterday the government denied that there had been a plot to let Bashir leave.

“Securitizing” the Court

Whether or not one agrees with the ANC’s statement that – the ICC “is no longer useful” – it is still reflective of what has become an increasingly hostile climate between the Court and its African member states. The AU has repeatedly accused the ICC of being a tool of Western imperialism and of unfairly targeting the African continent, since many perpetrators in the Middle East and the Western world are left untouched. With all nine of the official investigations that the Court is currently pursuing taking place in Africa, the AU criticism is not completely unwarranted. Yet the Court’s focus on Africa does not stem from any anti-African sentiment, but from the political realities and limitations of its jurisdiction.

The ICC Prosecutor can only open an investigation into situations that occur within the territory of one of its member states, by means of a state’s self-referral or of its proprio motu powers, or if the suspect is a national of a state party. However, an investigation can also be initiated within the boundaries of a non-member state if the situation is referred to the ICC by the UNSC, which is what happened in the case of Sudan.

Furthermore, on the basis of the principle of complementarity, the ICC should be seen as a court of last resort, meaning that it will only intervene if it finds a state to be “unable or unwilling” to investigate and/or prosecute. Therefore, the Court cannot automatically usurp jurisdiction from states, and states themselves can avoid the intervention of the ICC if they are able to conduct a genuine investigation and prosecution.

Given the incidence of conflict globally and the fact that the African continent holds the largest regional group of ICC-member states (34 out of the 123 state parties), the ICC focus on Africa should not come as much of a surprise. Many countries in the Middle East did not grant the ICC jurisdiction, and major powers such as the US have failed to ratify the Rome Statute. It is also worth noting that, Sudan being one of the few exceptions to this, the majority of the investigations that are currently taking place in the African continent have been at the behest of the states, which have requested the intervention of the Court through self-referrals.

But the fact that the investigation in Darfur was initiated after a UNSC referral has led some African leaders and commentators to argue that the Court is nothing more than a tool of great power neo-colonialism. Irrespective of whether the UNSC referral was driven by political rather than humanitarian considerations, the arrest warrants issued by the ICC judges were based on concrete evidence gathered during the official investigation. Objecting to Bashir’s arrest on the basis that other alleged perpetrators in the Western world are still at large (a common argument made by the Court’s critics with reference to Bush or Blair), or that other grave situations are not being investigated due to conflicting political interests (i.e. Syria), does not excuse the fact that the victims of Darfur are being denied their fundamental right to justice and human dignity.

While certain African leaders continue to portray the Court as a threat to the sovereignty of African states, Darfurians and the other victims of mass atrocities within the continent are essentially being reduced to ‘bare life’ as their right to justice is being gambled for political considerations of pan-Africanism.

A Victory in Disguise

By choosing African solidarity over its international legal obligations, the South African government has emerged as the only loser of last weekend’s events. Letting Bashir go in defiance of its own Court order has seriously compromised South Africa’s leadership position on the continent and left a major stain on its reputation as one of the Africa’s soundest democracies.

The ANC’s discrediting of the Court should therefore be seen more as a desperate attempt to scrape legitimacy out of an essentially pyrrhic victory rather than being reflective of any truth. Calling the Court ‘obsolete’ ignores the fact that the arrest of perpetrators of grave international crimes has never been one of the purposes of the ICC, but a job delegated to states under the doctrine of universal jurisdiction. Adopting Antonio Cassese’ famous image in reference to the ad hoc tribunal in the former Yugoslavia, the ICC is nothing more than “a giant without arms and legs”, fully dependent on states as its artificial limbs. If anything, this week’s drama served to underline the need to recalibrate our expectation against the realities and limitations of the Court.

Contrary to the opinion of many of the Court’s critics, the latest development in the Bashir-ICC saga marked a significant moment in the fight against impunity, one of the official purposes of the Court. The Pretoria’s court order was in fact the first time any court has legally barred a head of state from leaving a country following a request by the ICC. This, together with the tireless efforts of South African civil society, is evidence of a slow internalization of a norm against impunity in what Kathryn Sikkink sees as an ongoing ‘justice cascade’.

Furthermore, the fact that Bashir had to sneak out of the country like a fugitive, and that the South African authorities had to come up with a range of fanciful machinations and cover stories to let him leave the country, suggests that it’s the end of business-as-usual for the Sudanese leader. The world around him is increasingly shrinking, and so is his time left as a free man.

There is no doubt that Bashir’s arrest would have marked a definitive victory for the ICC and the international criminal law project as a whole. However, framing Bashir’s escape in terms of a decisive blow to the ICC risks reinforcing the same delegitimizing rhetoric that is currently hampering the Court’s universal aspirations. Whilst the ICC might be far from perfect, it has still managed to instill a nascent culture of international accountability where impunity once prevailed, despite being such a young institution.

The future of the fight against impunity will heavily rely on its member states. Only by upholding their international legal obligations can states ensure that a norm of accountability crystallizes in international law, and that even those seemingly invincible leaders of today can become the fugitives of tomorrow. In abdicating its responsibility to Bashir’s victims in Darfur, South Africa flouted its domestic and international legal obligations, but it did not write the epitaph for the International Criminal Court. On the contrary, South African civil society and an independent judiciary have shown us that the ICC is far from dead and that a global effort to fight impunity is well underway.


Beatrice Tesconi is currently undertaking an MA in International Peace and Security at King’s College, London, after graduating from the University of York with a BA in Politics and International Relations. Her research interests are in the field of International Criminal Law, Transitional Justice and the Middle East and North African Region. Twitter: @BeaTesconi

Filed Under: Blog Article Tagged With: al-Bashir, Darfur, human rights, ICC, international law, South Africa, Sudan

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