FARCE MAJEURE
 
Published December 1999
ISBN 1-903545-00-5

FARCE MAJEURE:

THE CLINTON ADMINISTRATION'S SUDAN POLICY 1993-2000

DAVID HOILE

First Published April 2000 by The European - Sudanese Public Affairs Council
Copyright 2000 David Hoile. All Rights Reserved

INTRODUCTION

CHAPTER 1: THE UNITED STATES AND SUDAN: A BACKGROUND

CHAPTER 2: "CONTROL OF THE AGENDA AND PERCEPTION MANAGEMENT"
2.1 "THE DIPLOMATIC ISOLATION WARD"
2.2 TURNING "THE ECONOMIC SCREWS"
2.3 "GETTING OTHERS TO FIGHT YOUR WAR"

CHAPTER 3: THE CLINTON ADMINISTRATION'S REPEATED ABUSE OF ANTI-TERRORISM LEGISLATION
3.1 THE LISTING OF SUDAN AS A STATE SPONSOR OF TERRORISM
3.2 WAIVING ANTI-TERRORIST LEGISLATION FOR DEMOCRATIC PARTY DONORS
3.3 THE MUBARAK ASSASSINATION ATTEMPT
3.4 THE AMERICAN GOVERNMENT AND ISLAMIC TERRORISM;
3.5 THE WORLD TRADE CENTER BOMBING: CONTRADICTION AND CONFUSION
3.6 THE CLINTON ADMINISTRATION AND THE AL-SHIFA FACTORY BOMBING FIASCO
3.7 THE CLINTON ADMINISTRATION AND THE AL-SHIFA FACTORY:UNTENABLE CLAIMS

CHAPTER 4: THE CLINTON ADMINISTRATION AND SUDAN: A SYSTEMIC INTELLIGENCE FAILURE

4.1 THE CLINTON ADMINISTRATION'S WITHDRAWAL OVER 100 FABRICATED"REPORTS ON SUDAN AND "TERRORISM"
4.2 THE CLINTON ADMINISTRATION'S REFUSAL OF SUDANESE REQUESTS FOR COUNTER-TERRORISM TEAMS TO VISIT SUDAN
4.3 THE CLINTON ADMINISTRATION AND OSAMA BIN-LADEN
4.4 THE CLINTON ADMINISTRATION: IN SEARCH OF NEW ENEMIES

CHAPTER 5: THE CLINTON ADMINISTRATION, SUDAN AND ISLAMIC FUNDAMENTALISM

CHAPTER 6: THE CLINTON ADMINISTRATION AND ALLEGATIONS OF "SLAVERY" IN SUDAN

CHAPTER 7: SUDAN, OPERATION LIFELINE SUDAN AND HUMANITARIAN ASSISTANCE

CHAPTER 8: SUDAN AND THE GULF WAR

CHAPTER 9: THE CLINTON ADMINISTRATION'S SUPPORT FOR THE SPLA
9.1 THE CLINTON ADMINISTRATION AND "PRE-EMINENT WAR CRIMINALS"
9.2 THE CLINTON ADMINISTRATION'S SUPPORT FOR TERRORISM IN SUDAN
9.3 THE CLINTON ADMINISTRATION AND DIRECT FOOD AID TO THE SPLA
9.4 THE CLINTON ADMINISTRATION: TURNING A BLIND EYE TO WAR CRIMES

CHAPTER 10: THE CLINTON ADMINISTRATION AND THE REGIONAL ESTABILISATION OF SUDAN
10.1 ENCOURAGING UGANDA, ERITREA AND ETHIOPIA TO DESTABILISE
10.2 THE CLINTON ADMINISTRATION AND AFRICA'S "FIRST WORLD WAR"
10.3 THE CLINTON ADMINISTRATION: ALIENATING EGYPT OVER SUDAN?

CHAPTER 11: THE CLINTON ADMINISTRATION: AT ODDS WITH THE AMERICAN HUMANITARIAN AID COMMUNITY

CHAPTER 12: THE UNITED STATES CONGRESS AND SUDAN: POORLY INFORMED AND CONFRONTATIONAL

CHAPTER 13: SUDANESE CALLS FOR DIALOGUE IGNORED

CHAPTER 14: THE CLINTON ADMINISTRATION: OBSTRUCTING PEACE IN SUDAN

CHAPTER 15: CONCLUSION /

RECOMMENDATIONS

 

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INTRODUCTION

The Clinton Administration's policy towards Sudan over the last eight years has come sharply into focus, largely because of events and developments in the past 18 months.

It has been an open secret that the Clinton Administration has, for several years, sought to isolate, destabilise and ultimately overthrow Sudan's Islamist government which had come to power in 1989. In justifying its attempts to destabilise Sudan, the Administration accused the Khartoum government of supporting international terrorism, Islamic fundamentalist extremism, suppressing religious freedom and abuse of human rights. Many of the American policy decisions that were made regarding Sudan, were made in secret, and were said to have been based on "classified" material and information not available to public scrutiny.

The Administration has supported southern Sudanese rebels, insurgents with an appalling human rights record. In so doing, Washington has artificially prolonged the Sudanese civil war. The Administration also sought to encourage several of Sudan's neighbours both to support Sudanese rebels and to themselves militarily destabilise their neighbour. The dangers inherent in destabilising a country which straddles the Nile and abuts the Red Sea, a state which borders with Egypt, Eritrea, Ethiopia, Kenya, Uganda, Congo, Central African Republic, Chad, Libya, and is a near neighbour of Saudi Arabia, do not seem to have registered with the Clinton Administration. And, by and large, prior to the Administration's farcical August 1998 Cruise missile attack on the al-Shifa medicines factory in Khartoum there had been no meaningful public or private questioning of its Sudan policy. The al-Shifa attack pushed American policy towards Sudan, one of the world's poorest countries, into the spotlight.

The fact is that the short-sighted Sudan policy pursued by the Clinton Administration, and spurred on by a poorly informed Congress, is simply no longer credible. The disastrous attack on al-Shifa brought to a head concerns felt by many governments, aid organisations, and individuals such as former President Jimmy Carter, about American policy towards Sudan. The Administration has self-evidently abused anti-terrorism legislation for political, partisan and economic ends.

The past eight years has been characterised by a systemic intelligence failure on the part of the American intelligence community, a failure which culminated in the disastrous bombing of the al-Shifa medicines factory. Internationally, the Clinton Administration's Sudan policy has been either challenged or ignored by those groupings and countries the United States was supposedly meant to be leading. The European Union, the Gulf states and Egypt, and even the United Kingdom, have all questioned, or distanced themselves from, the American stance on Sudan. Domestically, the Administration's Sudan policy has also come in for considerable criticism from the American humanitarian aid community. Reputable groups such as CARE, World Vision, Save the Children, Oxfam America and Lutheran World Relief, no friends of the Sudanese government, have repeatedly called on President Clinton to make peace the Administration's primary objective in Sudan, and to abandon its one-sided hostility towards the Sudanese government.

Equally skewed has been legislation produced by the United States Congress. The 1999 Sudan Peace Act, and related Congressional resolutions, provided as unbalanced and prejudiced a picture of the Sudanese situation as was possible to pen.

The Clinton Administration can be said to have succeeded in two areas with regard to its Sudan policy. Firstly, Washington has succeeded in preventing, for the time being, a peaceful settlement of the Sudanese conflict. Former United States president Jimmy Carter has bluntly stated that the Clinton Administration's Sudan policy is the biggest single obstacle to peace in that country. The Administration has also succeeded in the propaganda war it has waged against Sudan. Such a "media" war has, of course, become the hallmark of all recent conflicts. In the Sudanese context, it has subsequently clearly become a millstone around Washington's neck. The Clinton Administration now has to contend with pressure from many groups and constituencies who are themselves responding to the very projections of Sudan by the Administration that are now so clearly in question.
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CHAPTER 1: THE UNITED STATES AND SUDAN: A BACKGROUND

Sudan became independent in 1956. Sudan's immediate post-independence foreign policy was friendly towards both the West and the Arab world. The country experienced both civilian and military government, and in 1969 General Gafaar Nimeiri came to power in a coup d'etat. Nimeiri abolished all existing political institutions and parties and assumed the role of president. Politically, Nimeiri's regime veered initially towards the left until an attempted coup by the Sudanese Communist Party in July 1971. He then made overtures towards Washington. These were welcomed by the American government. In 1972, the Nimeiri regime ended the civil war in southern Sudan, which had been fought on and off since 1955, by agreeing that the south would enjoy autonomy. The American government restored diplomatic relations with Sudan and resumed economic aid. Sudan received hundreds of millions of dollars in military, economic and development assistance. Sudan became one of the key allies of the United States both regionally and in the Middle East. In September 1983, Nimeiri introduced Islamic sharia law throughout Sudan. Earlier that year, southern discontent at administrative changes in southern Sudan had resulted in the rekindling of the civil war. This discontent led to the formation of the Sudan People's Liberation Army (SPLA), led by former Sudanese army officer, Colonel John Garang.

Nimeiri was overthrown by the Sudanese army in 1985. After a one-year transitional period, elections were held in 1986 which resulted in a democratically-elected government headed by Prime Minister Sadiq al-Mahdi. Three years of weak coalition governments followed, governments dominated by two Islamic sectarian parties, the Umma Party headed by Sadiq al-Mahdi, and the pro-Egyptian Democratic Unionist Party. Sudan went through a series of political, economic and military crises. In June 1989, a bloodless military coup d'etat led by General Omer al-Bashir overthrew Sadiq al-Mahdi's administration. The American attitude towards the 1989 coup d'etat in Sudan had already been substantially indicated before its occurrence. The Atlanta Journal and Constitution newspaper reported in January 1989 that:

(S)ome U.S. officials have begun speculating that a military coup in Sudan might be preferable to its current parliamentary government which helped cause southern Sudan's deadly famine and continues to obstruct relief. "We favor democracy over dictatorship," said a senior U.S. diplomat. "We can't be in a position of seeking an undemocratic government here. On the other hand, we have to treat the government on its merits, and its performance on the humanitarian tragedy has not been satisfactory." Three U.S. diplomats who have frequent dealings with Sudan have suggested to The Atlanta Journal and Constitution in recent weeks that.they wonder if a transitional government under a military officer friendly to the West might be preferable.

Following the 1989 coup, the Sudanese government made attempts to gradually civilianise itself, and established a modern Islamic republic in Sudan. Michael Field, in Inside the Arab World, has stated that: "The only Arab country that has put into effect modern, republican, Islamist ideas has been Sudan".

It may be that the independent stance of the Sudanese government, and the threat that a modern, democratic and republican Islamic model to America's absolutist and authoritarian allies in the Middle East, marked it out as a target for American displeasure. Early American hopes that the government of Sudan would fall, through either internal political or military pressure have proved to be without foundation. The government of Sudan decentralised the administration of the country by introducing a federal system of government, and, in 1991, limited the Islamic sharia law initially introduced by Nimeiri to those areas in which Muslims are a majority population, thereby exempting the largely animist southern Sudan. The Sudanese government has also held local, state, national and presidential elections. In 1996, for example, the Sudanese people were able, for the first time ever, to directly elect their president. Multi-party politics has recently been re-established and is entrenched in the new constitution.

The Khartoum government has also attempted to address the root causes of the Sudanese civil war. It signed the 1997 Khartoum Peace Agreement, and other peace charters, with several factions of Sudan's southern rebels, agreements which included guarantees of a referendum on self-determination for southern Sudan. The offer of a referendum has been acknowledged by the SPLA. The civil war between the government and SPLA, which had been particularly ferocious in the late 1980s and early 1990s, peaked shortly afterwards, following the SPLA's loss of rear-bases in Ethiopia when the Mengistu regime fell and the SPLA fragmented into different factions. The war was reinvigorated by the Clinton Administration's support for the SPLA faction led by John Garang, and by Washington's encouragement of several of Sudan's neighbours to assist the rebels. The Sudanese government has since also been party to several attempts to achieve a comprehensive cease-fire in Sudan.

In the field of economics, the present government has revived an economy that was in chaotic free fall under the al-Mahdi administration. As the London Guardian newspaper, reporting from Khartoum in 1998, pointed out:

In the economic field Sudan comes close to being the perfect disciple of US orthodoxy. According to a United Nations official in Khartoum, its reforms are even "more far-reaching" than those recommended even by the International Monetary Fund. In macro-economics, it is making "tremendous" progress. Sixteen out of 20 targets have been met or exceeded and inflation has been slashed from 148 per cent in 1996 to about 13 per cent earlier this year. Every time IMF representatives some here, they marvel at Sudan's efficiency.

The attempts by the Sudanese government to address those areas said to be of concern to the United States have been ignored by the Clinton Administration. This has also been placed on record by the Guardian newspaper, no friend of Khartoum's Islamist government, which has observed:

Constantly charged with repression and abuse of human rights, the regime has promulgated a new constitution which codifies freedoms, including multi-party pluralism. Also, European diplomats agree that Sudan has tried to distance itself from support for terrorists.[H]owever flawed the regime's self-improvement may be, it has unquestioningly made the effort. That, diplomats point out, is more than many regimes in the region, including pro-American ones, have done.

It is extraordinary that the might of the United States government came to be directed in such an unaccountable way upon one of the poorest countries in the developing world. Sudan was desperately poor even before the American-backed destabilisation sought to destroy what little developmental infrastructure there was, especially in the south.
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CHAPTER 2: "CONTROL OF THE AGENDA AND PERCEPTION MANAGEMENT"

An examination of the Clinton Administration's attempts to control the agenda on, and to influence perceptions of, Sudan reveals the questionable basis upon which the Administration sought to justify its attempts to militarily, politically and economically destabilise the country.

The Clinton Administration's policy towards Sudan has followed a set pattern. Judy Butler is an academic who has closely studied American foreign policy as it applied to other developing countries such as Nicaragua in Central America. In describing American foreign policy tactics she states that:

The chief means of delegitimization within the United States has been the propaganda war. This war has two major and complementary tactics: "control of the agenda" .and "perception management".

Butler outlined the five steps American governments took in their campaigns to isolate and destabilise countries targeted by Washington. They are "managing perceptions", "divide and conquer", relegation of the country "to the diplomatic isolation ward", "turn the economic screws", and "get others to fight your war". It is very clear that all these steps have been used by the Clinton Administration to isolate and destabilise Sudan. The Administration has from 1993 onwards sought to secure "control of the agenda" and to manage the way in which Sudan was perceived. Propaganda has been a distinct feature of the Sudanese conflict, just as it has featured in all conflicts in which the United States has become involved. American foreign policy has always included propaganda:

One of the United States' primary assets in influencing and shaping world politics is its mastery of the use of propaganda. The art of propaganda resulted in great success during and after World War II. The United States.turned this practice into a leading variable in its foreign policy outlook.the US enhanced the borrowed art, added and deducted accordingly, to make it fit with the changing political environment. By far, the art of demonization is the United States' most unique and most effective technique of them all.

In his foreword to a National Defence University study of political warfare, U.S. Navy Vice-Admiral James A. Baldwin, outlined the framework within which propaganda features:

Warfare is often defined as the employment of military means to advance political ends.Another, more subtle means - political warfare - uses images, speeches, slogans, propaganda, economic pressures.to influence the political will of an adversary.

The process of demonising Sudan was initially embarked upon by accusing Sudan of being an extremist Islamic state, and therefore, by definition, a state sponsor of regional and international terrorism, and human rights abuser. It was also stated that Sudan had been an ally of Saddam Hussein in Iraq during the Gulf War. Sudan's policy of neutrality in that conflict has cost it dear. And from 1995 onwards the Clinton Administration would make much of allegations of human rights abuse, religious intolerance, and "slavery" and "slave trading" in Sudan. It is ironic that the Administration set about demonising the Sudanese despite the fact that, as stated by a former American ambassador to Sudan, the Sudanese people "deserved their reputation as the nicest people in the eastern half of the African continent".

2.1: "THE DIPLOMATIC ISOLATION WARD"

Of all these accusations, the Clinton Administration's placing of Sudan on its official list of state sponsors of international terrorism served most to relegate Sudan "to the diplomatic isolation ward". The United States, and its allies, were then also able to secure limited United Nations sanctions on Sudan in the wake of the attempted assassination of Egyptian president Hosni Mubarak, on the basis of unproven allegations of Sudanese involvement.

Additionally, American pressure on the United Nations led to the appointment of a United Nations Special Rapporteur on human rights in Sudan. Selectivity in concern for human rights is, of course, not unusual and often dependent on policy objectives. The U.S. Government's focus on Sudan jarred given that the human rights situations within most of Sudan's neighbouring countries were considerably more disturbing. While the Administration's own human rights reports, as well as other sources have documented few political detainees in Sudan, human rights groups were alleging that Egypt had up to 20,000 detainees. Uganda and Eritrea both have very questionable human rights records and several hundred if not thousands of such prisoners. These neighbouring countries are American regional allies, with demonstrably repressive governments.

Donald Petterson, United States ambassador to Sudan from 1992-95, confirmed that the United States played a prominent role at the United Nations in originating and lobbying for resolutions hostile to Sudan. He has written of "the lead [the Clinton Administration] had taken in the United Nations to bring about the adoption of resolutions condemning Sudan."

2.2: TURNING "THE ECONOMIC SCREWS"

The Clinton Administration had also clearly sought to "turn the economic screw" on Sudan. The 1993 listing of Sudan as a state sponsor of terrorism ended any prospect of bilateral American aid and related assistance as well as restricting American economic investment in Sudan. 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. They also prohibited: (1) the importation into the United States of any goods or services of Sudanese origin, with the exception of informational material; (2) the exportation or reexportation of goods, technology, or services to Sudan or the Government of Sudan apart from informational materials or donations of humanitarian aid; (3) the involvement of any American person in the export or reexportation of goods and services to or from Sudan; (4) the involvement of any American person in contracts relating to Sudan; (5) the grant or extension of credits or loans by any American person to the Sudanese government; and (6) transactions relating to the transportation of cargo.

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". President Clinton's 1998 renewal of sanctions also stated that his Administration was concerned about human rights and freedom of religion.

2.3: "GET OTHERS TO FIGHT YOUR WAR"

We have not and will not stop looking for ways in which to bring about changes in Khartoum's behaviour.

Edward Brynn, U.S. acting Assistant Secretary of State for African Affairs.

The Clinton Administration has also clearly sought to "get others to fight your war". By 1994, while the Administration's propaganda campaign against Sudan was intensifying, things within Sudan had settled down markedly from a political and a security point of view. The military situation was better than it had been for many years and the Sudanese Government's attempts to secure 'peace from within' were gaining momentum. It became increasingly evident that the SPLA, weakened by splits and expelled from Ethiopia following the fall of the Mengistu regime, was very unlikely to bring any further significant military pressure to bear on the Sudanese government.

It is a matter of record that from 1994 until the present the Clinton Administration has followed a policy of assisting the SPLA militarily and politically, actively encouraging the rebels to continue, and intensify, their involvement in what is clearly a no-win war.

The American government was also instrumental in temporarily unifying the Sudanese opposition, bringing a variety of groups together with the creation of the National Democratic Alliance (NDA) in Eritrea in June 1995. Groups within this new entity included northern opposition parties such as the Umma Party, Democratic Unionist Party and the Sudanese Communist Party, as well as the SPLA. The Sudan People's Liberation Army was in effect to form the NDA's military wing with Garang as the NDA's military supremo. The National Democratic Alliance established a political-military committee, committing the organisation to the violent overthrow of the Sudanese government. The American ambassador was, in the words of the London-based newsletter, Africa Confidential, "conspicuous by his presence".

The Clinton Administration then took getting "others to fight your war" one step further. In 1996, it openly and unambiguously encouraged the governments of Eritrea, Ethiopia and Uganda not only to afford the SPLA safe rear bases, but also to both spearhead and support rebel military incursions into Sudan. This led to attacks into border regions of southern and eastern Sudan by Ethiopian, Eritrean and Ugandan military forces, often in brigade strength.

The Clinton Administration's determination to control both the agenda on, and the perception management of, Sudan is all too transparent. On 15 February 1995, Antony Lake, President Clinton's then National Security Adviser (and Clinton's unsuccessful nominee for Director of the Central Intelligence Agency, CIA), speaking before a conference organised by the Center for Strategic and International Studies in Washington-DC stated:

We will be working with other governments in the region to see how we can best contain the influence of the Sudanese Government until it changes its views and begins to behave in accordance with the norms of international behaviour that we think governments should follow.

Shortly after that declaration, on 22 March 1995, Edward Brynn, the United States acting Assistant Secretary of State for African Affairs, speaking before a House of Representatives sub-committee on Africa, declared:

In short, while we have been successful in keeping attention focused on Sudan, we have been unable to affect change in those regime policies and practices of most concern to us. We will maintain bilateral and international pressure on Khartoum. We have not and will not stop looking for ways in which to bring about changes in Khartoum's behaviour. The Sudanese government must understand that those same policies and practices which we find threatening and objectionable will eventually cause its downfall.

The Administration's agenda was repeatedly and openly stated. In late 1997, for example, John Prendergast, the National Security Council's then director for Eastern Africa, stated that the government of Sudan was viewed as "the principle threat to U.S. security interests on the Continent of Africa today".

He outlined American government policy when he spoke of the several levels of pressure being brought to bear on Sudan. These levels included placing Sudan on the list of state sponsors of terrorism and the unilateral sanctions that measure triggered: a regional level made up of three initiatives which included the "Front Line States Initiative" whereby the United States sought to "seek to include Uganda and Eritrea and Ethiopia in their effort to defend themselves from Sudan's campaign of regional destabilization by providing defensive non-lethal military equipment to those three countries"; the Inter-Governmental Authority on Drought and Development, (later the Inter-Governmental Authority on Development, IGADD and then IGAD) Peace Initiative whereby the American government declared IGADD as the "only viable interlocutor for peace talks on Sudan"; and thirdly, the Greater Horn of Africa Initiative supporting "African-led solutions to their own problems". The third level was said to be the domestic level within Sudan whereby the American government declared an intention to "build the capacity of Sudanese organizations, particularly in rebel-held areas, to respond to.emergencies in war-torn areas of Sudan".

Prendergast also stated that the United States government had decided to "increase its engagement with the.opposition umbrella, the National Democratic Alliance, to support the non-violent political objectives of the opposition.To this end, we have decided to promote development assistance to opposition controlled areas of Sudan.It will allow us the possibility to support those in southern and eastern Sudan to promote the rule of law through the support of local court systems and civil administration, something that has already been going on for some time now". Prendergast also said that a third initiative at the domestic level was an "effort to increase unilateral pressure on the Sudan government and vigorously condemn their actions on a consistent basis".
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CHAPTER 3: THE CLINTON ADMINISTRATION'S REPEATED ABUSE OF ANTI-TERRORISM LEGISLATION

You cannot have people saying "We have proof of certain things" against a whole country but nobody knows what that proof is. There is a difference between whether something is proved sufficiently to bring a man before a court.and whether it is sufficient to prove to adopt one's political line.

Raymond Kendall, International Secretary-General of Interpol

The cornerstone of the Clinton Administration's rationale for its policies towards Sudan is its repeated claim that Sudan is a supporter of international terrorism. This is made clear 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 despite the fact that there was not a single example of Sudanese involvement in any act of international terrorism. And it is also clear that Sudan was listed without any evidence of its 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.

The focus for the Clinton Administration's allegations has been the United States Department of State publication, Patterns of Global Terrorism. It is important, first of all, to put Patterns of Global Terrorism into its legal context. The publication states that it is prepared in

compliance with United States law, Title 22 of the United States Code, Section 2656f (a), requiring the Department of State "to provide Congress a full and complete annual report on terrorism for those countries and groups meeting the criteria of Section (a) (1) and (2) of the Act. As required by legislation, the report includes detailed assessments of foreign countries where significant terrorist acts occurred, and countries about which Congress was notified during the preceding give years pursuant to Section 6 (j) of the Export Administration Act of 1979 (the so-called terrorism list countries that have repeatedly provided support for international terrorism).

The 1992 Patterns of Global Terrorism, the year before Sudan's listing, stated that: "There is no evidence that the Government of Sudan conducted or sponsored a specific terrorist attack in the past year, and the government denies supporting any form of terrorism activity" The report did record that: "In 1992 the Government of Sudan continued a disturbing pattern of relationships with international terrorist groups...Elements of the Abu Nidal organization (ANO), the Palestinian Islamic Movement (HAMAS), and the Palestinian Islamic Jihad (PIJ) terrorist organizations continue to find refuge in Sudan". The London Independent described this as "keeping dubious company". The same groups, and many others, can be found organised and active in Western capitals across the world. In Britain many of the same "elements" are living as refugees on state benefits. They have even found a "refuge" in the United States. HAMAS, for example, held its third world congress in Kansas city, and has held meetings in Phoenix attended by Hamas leaders and 4000 supporters and sympathisers.

The 1993 Patterns of Global Terrorism, the first report which included Sudan on this list, once again clearly stated:

Although there is no conclusive evidence linking the Government of Sudan to any specific terrorist incident during the year, five of fifteen suspects arrested this summer following the New York City bomb plot are Sudanese citizens.

Various newspapers and journals also recorded the simple lack of evidence for terrorist support before and after Sudan's listing. The London Independent 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 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.

One year after Sudan's listing, the Independent returned to the theme. Referring to the presence of Palestinian and Lebanese dissidents: "Intelligence assessments reckon that these groups are allowed to live and study and perhaps to plot in apartments in the capital".

3.1: THE LISTING OF SUDAN AS A STATE SPONSOR OF TERRORISM

It would seem, therefore, that Sudan was listed as a state sponsor of terrorism despite a complete absence of any evidence whatsoever of involvement in any act 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 who briefed 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".

It should be pointed out, in any instance, that the extent to which inclusion on the list is dependent on policy considerations at any one moment in time, is highlighted by the case of Iraq. Iraq was first listed in 1979, was de-listed in 1982 when it went to war against Iran, which was seen as being in the American interest, and then put back on the list after the Gulf war. Nothing had changed in the meantime - Saddam Hussein's government was in power throughout. Political expediency had dictated Iraq's removal and then relisting.

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. 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.

It is perhaps important to record the Sudanese government's response to claims that Khartoum in any way supports terrorism:

Sudan has not, and will not, allow its territory to be used for any act of terror or to be used as a shelter for terrorists or by those who have eluded justice. Sudan, like many other states, suffers day after day with those innocent civilians who lose their lives or who are harmed as a result of terrorist acts perpetrated in many parts of the world. Killing women and children, terrorizing peaceful citizens, destroying property and taking innocent civilians hostage cannot be accepted under any divine law; nor can they be accepted by any human being who believes in justice and peace.

Speaking in 1994, the then director-general of the Sudanese Foreign Ministry, and subsequently Sudanese ambassador to the United States, Mahdi Ibrahim Mohamed touched on American double-standards:

How can you prove a negative? We have always believed that in Western countries the defendant is innocent until proven guilty. In our case, it is not like that. Until today, no information has been provided about a terrorist harboured in our country.

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 were 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.

3.2: WAIVING ANTI-TERRORIST LEGISLATION FOR DEMOCRATIC PARTY DONORS

Whenever convenient, however, the Administration has 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.

3.3: THE MUBARAK ASSASSINATION ATTEMPT

The American government has claimed Sudanese involvement in the 1995 attempted assassination of Egyptian president Hosni Mubarak. In June 1995, while in Addis Ababa, Egyptian President Hosni Mubarak was the target of an assassination attempt. Several Egyptian terrorists tried to kill him in a gun attack on his limousine This was one amongst many attempts by Egyptian extremists to kill Egyptian ministers and government officials. Islamic extremists had tried to assassination Mubarak on several occasions, the first attempt being on 25 April 1982. The London Independent newspaper of 2 July 1995 reported that the Egyptian government initially accused the Ethiopian government of involvement in the assassination attempt: "Egyptian investigators claimed three Ethiopian security officials took part in the failed assassination attempt". The Ethiopian government issued an official statement refuting the Egyptian claim, stating:

Egyptian officials have over the past week been spreading all sorts of self-serving fantastic stories solely based on their imagination.It is now appearing that the Egyptian appetite for the fabrication of lies in connection with the crime committed by Egyptian terrorists is proving to have no limit and they have at this point reached a state where Ethiopia can no longer refrain from putting the record straight.The Egyptian authorities are being requested through this statement.to refrain from continuing with their unacceptable campaign of lies and defamation, the full motive of which is known only to themselves.

The then Israeli Prime Minister Yitzhak Rabin blamed the murder attempt on "Islamic fundamentalists with the encouragement of Iran". The Iranian government countered by accusing Israel of involvement in the incident.

Shortly after accusing Ethiopia of involvement, however, Egypt accused the Sudanese government of having been involved. Sudan had condemned the incident and strongly denied any involvement. The Egyptians claimed that three of the gunmen had fled to Sudan. Thirty-two days after the assassination attempt, the Ethiopian authorities provided the government of Sudan with the details of one of the suspects who left Addis Ababa by air on the same day as the incident. Among the only descriptions of these suspects were that one wore a Casio watch, and that one was married. Over the following weeks and months the United Nations demanded that Sudan extradite these men. The Sudanese government called in Interpol to assist with the manhunt. The government also published prominent 'wanted' notices in all the Sudanese Arabic daily newspapers for three days running. The notice was also published in the weekly English-language newspaper. Similar notices were broadcast on national television and radio. The notices were also sent to all Sudanese states, municipalities and localities. By March 1996, the Sudanese government had exhausted most if not all of the options open to it in its manhunt and stated that it was possible that one or two of the wanted men may have transited through Sudan. None could be found given the very meagre information provided by the Egyptian and Ethiopian authorities.

The only named suspect in the assassination attempt, Mustafa Hamza, one of the three said to be in Sudan, was subsequently located and interviewed by the international media in Afghanistan. A long interview with Hamza was published in Al-Hayat newspaper on 21 April 1996. Hamza stated that the Egyptian group, Al Gamaa al Islamiya, was responsible for the murder attempt. He stated that most of the gunmen involved came from Pakistan, travelling on passports issued by an Arab country, and that one or two men had entered Ethiopia from Sudan, having received visas from the Ethiopian embassy in Khartoum. He said that only one of the gunmen had left through Sudan and that he was now in a third country. Hamza stated that Sheikh Omer Abdel Rahman was the movement's spiritual leader. Al-Hayat reported that Hamza stated that there were "deep differences between the ruling Islamic Front in the Sudan and his Group (Gamaa Islamiya). He accused the Sudanese Government [of following a] distorted and deviated application of Islam". Simply put, the Sudanese model of Islam was too liberal for him.

In spite of the fact that at least one of the alleged gunmen was clearly in Afghanistan, that another was said to be in a third country, and that the otherwise forthcoming chief suspect denied that a third suspect had even been in Sudan, the United Nations, under American pressure, still imposed limited sanctions on Sudan for not extraditing these suspects. As late as December 1996, and in the face of clear evidence such as the above interview in Afghanistan, the Ethiopian government was still insisting that all three of the suspects were still in Sudan. The subsequent trial of those suspects caught in Ethiopia itself was held in closed session.

President Mubarak's claims about the attempted assassination have been questioned. Middle East International reported in its 7 July 1995 issue that "the Egyptian government has produced no evidence that the attempted killers were in fact Sudanese or in any way backed by Sudan. But this did not prevent Mubarak.from pointing the finger at Egypt's southern neighbour and its ideological leader Hassan Turabi. His accusations were vehemently denied in Khartoum. It seems that Mubarak would rather blame the Sudanese than the Egyptian Islamists his government have been trying to crush for the last three years.Pointing the finger at Sudan has ensured that public attention has been kept off domestic politics." A different article in the same issue made perhaps the key point in stating: "It will be difficult to prove - or to disprove - the Sudan government's involvement in the assassination attempt.But this is not a police investigation, it is a political clash." The impermanence of the Egyptian attitude was perhaps also revealed when one year later, Middle East International reported that, on the occasion of meetings between Presidents Mubarak and al-Bashir during the 1996 Arab Summit, the issue of assassination attempt was described as a "triviality" by the Egyptian state media.

Despite the unanswered questions surrounding the Mubarak assassination attempt, the United Nations Security Council passed resolutions 1044, 1054 and 1070. Resolution 1054 introduced limited diplomatic sanctions, the scaling down of Sudanese embassy staff and restrictions on travel by Sudanese government officials. Resolution 1070 had sought to impose restrictions on the international flights of Sudanese airlines but was never implemented. The fact that in May 1997, the United States government was still expecting Sudan, under pain of continued sanctions, to extradite someone, Mustafa Hamza, , who had clearly been in Afghanistan for almost two years, far beyond Sudanese jurisdiction, shows how the issue is being clearly exploited for propaganda and policy reasons.

3.4: THE AMERICAN GOVERNMENT AND ISLAMIC TERRORISM

It may well be the case that the American government were eager to deflect as much of the focus on the issue of "Islamic terrorism" onto other shoulders. As James Adams, the London Sunday Times Washington correspondent, has pointed out, it was the United States which had spent three billion dollars in training, equipping and, where necessary, motivating Islamic fundamentalist combatants:

The roots of this new terrorism lie not in Tehran but in the ten-year war in Afghanistan which began after the Soviets invaded the country in 1979. Following the invasion, the American government embarked on what was to become one of the largest covert efforts ever to fund, arm and train a guerrilla army. Over ten years, the US spent a total of £3 billion in secret aid, which was running at around £600m a year just before the Soviets withdrew in 1989. That money was spent largely on supplying the guerrillas who were trained and housed by the Pakistan government. Other Arab countries, particularly Saudi Arabia, also contributed to the underwriting of the guerrilla effort...At the time the covert operation was under way, there was little concern in Washington about who actually received the money or guns.

The Economist in April 1993, touching on Egyptian President Hosni Mubarak's concerns about Islamic terrorism:

During the 1980s, America provided full-scale support for the fundamentalist mujahideen, including the 20,000 or so outsiders who at one time or another joined the Afghan fighters...Times change, but the Afghan veterans continue to cause trouble, in Algeria as well as Egypt. Mr Mubarak blames America for creating the basis of a terrorist network; some conspiracy-minded Arabs believe that the old links between fundamentalists and their American ex-supporters cannot simply have faded away.

Adams echoes the Economist's reporting when he states that "Both the Pakistanis and the Egyptians blame the CIA for this legacy of terror". The London Observer newspaper referred to this phenomena as the "Frankenstein the CIA created".

Given the American Government's own clear involvement in the funding and sponsorship of what it itself would subsequently come to describe and define as Islamic terrorists and international terrorism (much of it subsequently focused upon American allies such as Egypt, Algeria and Saudi Arabia, and then on America itself) it makes considerable sense for Washington to cast around for people they can transfer blame to. Sudan is one such candidate. It is also convenient for the Egyptian government to blame Sudan for its problems just as it has previously blamed the USA for creating a terrorist network.

The fact is that the United States government through its various defence and intelligence agencies had spent up to three billion dollars in training Islamic fundamentalist guerrillas from around the world, as well as Afghans, not only in the use of weapons of war and explosives but also how to master the logistics of how to supply and carry out acts of war and sabotage against a variety of targets. All this training took place within CIA-supervised camps in Pakistan. The United States government had also extensively armed these same Islamic fundamentalists, providing them with assault rifles, machine guns, rocket launchers, explosives and quantities of American Stinger surface-to-air missiles.

3.5: THE WORLD TRADE CENTER BOMBING: CONTRADICTION AND CONFUSION

The World Trade Center in New York was bombed in February 1993. Several people died and dozens were injured when a car-bomb exploded 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 sought from time to time to insinuate that Sudan was somehow involved in the bombing.

Given the Clinton Administration's obvious eagerness to attribute any act of terrorism to Sudan, it is clear that had there been the slightest evidence of the Sudanese government's involvement in such a direct attack on the United States, it would not only have immediately trumpeted it around the world, but savage retaliation would have followed. Given that the World Trade Center/New York conspiracies had been extensively penetrated by both the CIA and the Federal Bureau of Investigation, as was clearly revealed during the trials , had there been the remotest link between Sudan and the bombings it would have been documented. It is an ironic fact, as the Economist has also documented, that several of the suspects in the bombing of the World Trade Centre had 'Afghani' connections. One of the prime suspects, Mahmoud Abu-Halima, was himself an 'Afghani', having been militarily trained in Pakistan at an American-sponsored base.

In its attempts to implicate Sudan in the World Trade Center bombing, 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.

Yet, earlier that month, on 3 April, the then American ambassador to the U.N., Madeleine Albright, in meetings at the United Nations, claimed that two Sudanese diplomats had been involved in the World Trade Center bombing, and other "plots". This presents an interesting situation. The political appointee, Mrs Albright, with a political and policy line to follow, claiming one thing, and the professional anti-terrorism expert, Ambassador Wilcox, saying something completely different. On something as serious as allegations of terrorism, allegations involving the murderous bombing of the World Trade Center and a conspiracy to bomb other targets in New York, such a divergence is totally remarkable and yet again only but undermines the credibility of American claims with regard to Sudanese "involvement" in terrorism.

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?

An even clearer example of the Administration's misuse of anti-terrorism legislation for political reasons followed President Clinton's cruise missile attack on the al-Shifa medicines factory in Khartoum. It is now abundantly evident that this attack, on an alleged chemical weapons facility owned by Osama bin-Laden, was a disastrous intelligence failure. As will be outlined, 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 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.

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 a micro example of this misuse. The Clinton Administration's clear abuse of anti-terrorist legislation and its manipulation and abuse of legal measures for political expediency and convenience is not just immoral; it also discredits American anti-terrorist legislation internationally.

3.6: THE CLINTON ADMINISTRATION AND THE AL-SHIFA FACTORY BOMBING FIASCO

[T]he strike in regards to the Khartoum chemical plant cannot be justified.These are pretty harsh words. I know one thing for sure. The intelligence agencies of other countries look at that and they think, 'Wait a minute, if you hit the wrong target or if in fact the justification was not accurate, it is either ineptitude or, to get back to the wag-the-dog theory, something else is going on. That gets to our credibility. And that is why both the administration and the Congress must insist on a foreign policy where if you draw a line in the sand, if you make a statement, your credibility is remendously important.

U.S. Senator Pat Roberts

On 7 August 1998, terrorist bombs devastated United States embassy buildings in Kenya and Tanzania. Hundreds of people, some of them American, were killed in the explosion in Nairobi and dozens in the blast in Dar-es-Salaam. Thousands more were injured. The American government linked Osama bin-Laden, the Saudi-born millionaire funder of Islamic extremism with these attacks. It is worth noting that the Sudanese government immediately and repeatedly condemned the embassy bombings. The Sudanese foreign minister, Dr Mustafa Osman Ismail, stated, for example, that: "These criminal acts of violence do not lead to any goal." On 11 August, Agence France Presse reported the Sudanese foreign minister's statement that "We must pool our efforts to eradicate all the causes of terrorism" and he had called for:

the solidarity and cooperation of all the nations in the region and the international community to stand up to international terrorism.

It is a matter of record that the Sudanese government took its condemnation of the Kenyan and Tanzanian bombings one step further. Sudan offered to help in tracking down the terrorists involved. The foreign minister stated that: "Sudan supports Kenya in its efforts to reach the people who committed the incident and is prepared to cooperate fully with it in this regard." The government of Sudan also immediately granted United States requests for access to Sudanese airspace to evacuate American diplomatic staff and citizens from Kenya, and to provide emergency assistance to those affected in the bombing. When the United States requested further humanitarian overflight authorisations they too were granted. No one, not even the Clinton Administration, has claimed that the Sudanese Government in any way supported or even sympathised with these bombings.

On 20 August, the United States government launched missile attacks, involving 75 Cruise missiles, on installations said to be part of Osama bin-Laden's infrastructure inside Afghanistan. Washington also chose to attack the al-Shifa pharmaceutical factory in Khartoum, the capital of Sudan, alleging that it was making chemical weapons as part of Osama bin-Laden's infrastructure of international terrorism. The al-Shifa plant was badly damaged by the 17 Cruise missiles used in the American attack. Several workers were injured in the attack. A nightwatchman died of his injuries. Two food processing factories were also damaged in the strike.

The United States government made several, widely-reported, claims about the al-Shifa factory. In the news briefing given by United States Defence Secretary, William Cohen, on 20 August, he stated that the al-Shifa factory "produced the precursor chemicals that would allow the production of.VX nerve agent". Secretary Cohen also stated that Osama bin-Laden "has had some financial interest in contributing to.this particular facility".

The American government also claimed that no commercial medicines or drugs were made at the factory. The New York Times, for example, reported: "statements by a senior intelligence official hours after the attack that the plant in Khartoum.produced no commercial products." President Clinton's National Security Advisor, Sandy Berger, went on record stating:

There is no question in our mind that facility, that factory, was used to produce a chemical that is used in the manufacture of VX nerve gas and has no other commercial distribution as far as we understand. We have physical evidence of that fact and very, very little doubt of it.

ABC News also stated that senior intelligence officials had claimed that: "there was no evidence that commercial products were ever sold out of the facility."

In the briefings shortly after the bombing United States officials also claimed that the al-Shifa facility was heavily guarded. In a briefing on the al-Shifa factory soon after the strike on Khartoum, a senior American intelligence official told reporters in Washington that: "The facility also has a secured perimeter and it's patrolled by the Sudanese military."

One would presume that the intelligence officials involved in these, and other briefings, would have been the cream of the American intelligence community. They would also be presenting the latest intelligence material the United States government had to hand to justify its Cruise missile attack on Sudan - information which would have been gathered by the intelligence agencies of the most powerful country on Earth, intelligence agencies which have budgets running into billions of dollars. Every one of their claims proved to be demonstrably false.

Within hours of the attack, the Sudanese President, Omer al-Bashir, said that Sudan would be bringing an official complaint at the American action before the United Nations Security Council and that the Sudanese government would also ask the United Nations to establish "a commission to verify the nature of the activity of the plant." President al-Bashir flatly denied American claims that the al-Shifa plant was being used to make chemical weapons. He accused President Clinton of lying:

Putting out lies is not new for the United States and its president. A person of such immorality will not hesitate to tell any lie.

President al-Bashir also stated that Sudan was critical of the United States government, and not of American companies or citizens: "We have no animosity towards the American people and non-government agencies." In a formal letter to the United Nations Security Council, Bishop Gabriel Rorich, the Sudanese Minister of State for External Affairs, condemned the American attack on the factory. The Sudanese government stated that the factory was privately owned and had been financed by several Sudanese investors and the Bank of the Preferential Trade Area (PTA), also known as Comesa. The factory produced more than half of Sudan's need for medicines. The Sudanese government stated:

The allegations in U.S. statements that Osama bin-Laden owned this factory and that it produced chemical weapons and poisonous gases for terrorist purposes are allegations devoid of truth and the U.S. government has no evidence for this.

Sudan requested the convening of the Security Council to discuss the matter, and also requested a technical fact-finding mission to verify American claims. The United States deputy ambassador to the United Nations, Peter Burleigh, dismissed Sudanese calls for independent verification of the site: "I don't see what the purpose of the fact-finding study would be. We have credible information that fully justifies the strike we made on that one facility in Khartoum".

The Sudanese government also stated that it was prepared to allow Americans to visit Khartoum to establish whether the al-Shifa factory was involved in the production of chemical weapons. The Sudanese interior minister, Abdel Rahim Hussein, repeated invitations to investigate the site to the London Sunday Times: "We are ready to receive specialists from the Americans and the West to investigate that the factory had nothing to do with chemical weapons."

The Sudanese foreign minister also invited an investigation committee from the United States government itself to come and investigate "whether this factory.has anything to do with chemical (weapons)." On 22 August, the Sudanese President invited the United States Congress to send a fact-finding mission:

We are fully ready to provide protection and all other facilities to enable this mission to obtain all information and meet anyone it wants.

In the weeks and months following the al-Shifa bombing, the Sudan would repeatedly call on the United Nations and United States to inspect the remains of the factory for any evidence of chemical weapons production. The Americans have steadfastly refused to inspect the site. This is ironic given that in 1998, the United States and Britain militarily attacked Iraq because that country would not allowed the inspection of certain factories and the remains of factories, but when the Sudanese requested a similar inspection of a site claimed to have been a chemical weapons factory, the Clinton Administration pointedly refused. The Washington Post quoted a Sudanese diplomat at the United Nations:

You guys bombed Iraq because it blocked U.N. weapons inspectors. We're begging for a U.N. inspection and you're blocking it.

Almost immediately following the American attack and their claims that the factory was producing chemical weapons, credible voices began to doubt the American justification for their strike. Amongst these voices were several Britons who had either worked at the factory, or who had visited it. What the factory produced, and its ownership, was addressed by Ghazi Suleiman, the lawyer representing Saleh Idris, the owner of the al-Shifa pharmaceutical factory. It should be noted that that Mr Suleiman is no friend of the present government in Sudan. He is, in the words of The Economist, "the country's leading human-rights lawyer and an outspoken critic of the regime". He spent 25 days in detention earlier in 1998. Mr Suleiman said that Mr Idris did not know Osama bin-Laden, and that the factory produced only drugs, not chemical weapons. He said:

I think the Americans are under bad information and they are not well briefed.... I think it would have been prudent before destroying the plant to come and investigate the site.

The factory had been designed by an American, Henry Jobe, of the world-renowned MSD Pharmaceutical Company. Interviewed by the London Observer newspaper, Mr Jobe stated: "We didn't intend a dual use for it. We didn't design anything extra in there. The design we made was for pharmaceuticals." It is perhaps indicative of the incompetence of American intelligence in its assessment of the al-Shifa factory, that Mr Jobe revealed that he was interviewed for the first time by the CIA about the plant and its equipment, one week after the American missile strike.

The Sudanese government invited journalists from the print and electronic media into the country to inspect the bombed factory. The Washington Post reported that, whereas the government has "routinely declined visas to American journalists because the United States has declared it to be a terrorist state" it now "ushered in reporters by the score.to photograph, videotape and broadcast live". The Washington Post reported that visiting reporters from American, British, French, German, Japanese and Arab media outlets were "picking through the rubble".

Amongst the dozens of journalists and news services who visited the site, was the flagship American international news gatherer, CNN. It reported:

The utter destruction in the wake of a missile attack.Laid out in display: what the government says are remnants of the missiles salvaged from the rubble, all part of a concerted campaign to persuade the international community that Sudan has nothing to hide. And repeated calls, too, for an independent inspection team to investigate the site. The government here apparently confident that no trace of any agent used in the manufacture of chemical weapons will be found.

It is evident that there was distinct unease amongst Khartoum's foreign diplomatic corps at the targeting of the al-Shifa factory. It was reported that the German ambassador to Sudan, Werner Daum, had immediately contradicted United States claims about the factory. In a communication to the German foreign ministry, he stated: "One can't, even if one wants to, describe the Shifa firm as a chemical factory." The German ambassador also stated that the factory had no disguise and there was nothing secret about the site.

The Guardian, reporting from Khartoum, stated that "most European diplomats here are as aghast at the raid, and above all the choice of target, as they (the Sudanese government) are". The paper interviewed a senior European diplomat who said that: "There was absolutely nothing secret about the plant and there never has been."

3.7: THE CLINTON ADMINISTRATION AND THE AL-SHIFA FACTORY: UNTENABLE CLAIMS

The American intelligence claims about the al-Shifa factory fell by the wayside one by one. The United States government made five claims about the al-Shifa factory in its attempts to justify its Cruise missile attack on the plant. These were as follows: the al-Shifa plant was making precursors to the VX nerve gas, namely a compound known as EMPTA; that Osama bin-Laden either owned or had a financial link to the al-Shifa factory; that the al-Shifa factory did not produce any medicines or drugs; that the al-Shifa factory was a high security facility guarded by the Sudanese military; and that there were weapons of mass destruction technology links between Sudan and Iraq. An examination and assessment of the evidence released by the United States found it to be confused, inconclusive and contradictory. After just over one week of sifting through American government claims, The Observer newspaper spoke of:

a catalogue of US misinformation, glaring omissions and intelligence errors about the function of the plant.

The claim that the al-Shifa plant was making precursors to the VX nerve gas was immediately challenged by American and European scientists, chemists and chemical warfare experts. Evidence of such claims was demanded. While claiming to have "physical evidence" to support their attack on al-Shifa, United States officials initially said that they would not be able to release it for security reasons. Speaking on CNN's Late Edition on 22 August, the President's National Security Adviser, Sandy Berger, refused to describe the "physical evidence" the government had, saying that it was necessary to protect intelligence methods and sources. In the days following the attack, Bill Richardson, the United States ambassador to the United Nations, said that that the United States government was in possession of "undeniable physical evidence" that al-Shifa was being used to manufacture chemical weapons. He admitted that the American government had not presented this evidence to the United Nations Security Council, but that it had been shown to United States congressional leaders. Richardson stated that "We believe that is sufficient".

After further international pressure, the United States government officials then stated on 24 August that the United States had material from the plant, including equipment and containers which carried residues of a chemical substance with no commercial uses, but which it was said was exclusively used in VX nerve gas. It was additionally stated by the two anonymous officials that the CIA had used light spectrum data collected by spy satellites to analyse emissions from the plant and that they may also have employed banded migratory birds that fly through Khartoum to gather information about production at the plant.

The United States position then shifted, and on 25 August it claimed that the key evidence justifying its destruction of the al-Shifa plant was in fact a soil sample of a precursor chemical in the making of the VX nerve gas obtained months previously from the factory. The United States government then refused to identify what they claimed to be the precursor. The White House press spokesman, Mike McCurry, speaking on 24 August, stated, for example, that: "The nature of that information is classified now." After several days of attempting to avoid naming the compound, the American government stated that the chemical was said to be O-ethylmethyl-phosphonothioic acid, or EMPTA.

The American Under Secretary of State Thomas Picke