US Congress grants Sudan judicial immunity

World

Published: 2020-12-22 16:17

Last Updated: 2024-04-18 20:41


Photo: the Guardian
Photo: the Guardian

Monday, the US Congress, at the conclusion of painstaking negotiations, adopted a law granting Sudan immunity from any new prosecution in the United States related to previous attacks, in what constitutes the last step in a historic agreement concluded by the two countries recently.

The law provides for “the restoration of the sovereign immunity of Sudan in the United States (...) with the exception of cases that are still pending before the federal judiciary,” relating to the attacks of September 11, 2001.

The Sudanese Ministry of Justice announced that Sudan was ready to appear before US courts to defend its position in the September 11 attacks.

The ministry said in a statement Tuesday, "Sudan is committed to appearing before American courts and to defend itself in the current cases to prove its lack of connection with the events of September 11 and its innocence of these unfounded accusations."

The US legislation is part of a huge supplement to the US budget that includes a new plan to support the economy in the face of the repercussions of the COVID-19 pandemic.

Shortly after the text was adopted, Democratic Senator Chris Coons said that the law would help Sudan "return to the global economy and encourage foreign investment and economic growth in the country as well as a civilian transition to democracy."

The Sudanese Ministry of Justice confirmed that according to this legislation, Sudan will receive direct and indirect aid in the amount of $ 1.1 billion, which is separate from the one billion that the United States committed to pay to the World Bank to pay Sudan’s arrears owed to the bank.

This step comes after the United States last week removed Sudan's name from its list of countries accused of supporting terrorism, which means imposing sanctions and setting obstacles to international investments.

- 'Historical development' -

The ministry congratulated the Sudanese people for the move, describing it as "the great historical development in Sudan's relations with the United States of America ... and effectively means the country’s liberation from the repercussions of a dark period in the history of its relations with the United States of America."

"This legislation, from the date of its entry into force onwards, opens the way for Sudan to expand and extend for economic and financial cooperation with the United States and other countries freely," she added.

In October, US President Donald Trump announced the removal of Sudan from the US list of countries supporting terrorism, according to an agreement stipulating that Khartoum pay $ 335 million in compensation to the families of the victims of the two bombings carried out by Al Qaeda in 1998 against the US embassies in Kenya and Tanzania, and a third attack it carried out in 2000 targeting the US ship "Cole" off the coast of Yemen.

These attacks resulted in the deaths of more than two hundred people. The United States held Sudan partly responsible for it because Khartoum at the time hosted Al-Qaeda leader Osama bin Laden.

Khartoum transferred these compensation payments to a frozen account in the United States. However, the release of these funds was subject to the agreement by the US Congress to approve the law restoring judicial immunity to Sudan.

Arduous negotiations took place between the US State Department and members of Congress with the aim of reaching a compromise over the formula by which this legislation would be passed.

Senators Chuck Schumer and Bob Menendez, who respectively represent the neighboring states of New York and New Jersey, from which many of the victims of the attacks of September 11, 2001 come from, sought a formula for legislation that would not deprive the families of these victims of their right to sue Sudan for its role in supporting al-Qaeda in Iraq. 

But the Trump administration wanted to come up with a text quickly. It did its best to pass this legislation in Congress in order to show its clear support for the Sudanese transitional authorities two years after the outbreak of the uprising that toppled President Omar al-Bashir, and to prevent Khartoum from reconsidering its historic recognition of the Israeli Occupation, a deal brokered by US pressure.