What really animates the Obama Administration’s Sudan policy?
The lust for counter-terrorism intelligence all too easily trumps the
"responsibility to protect" endangered civilians

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What do we know about the role Khartoum’s putative provision of
"counter-terrorism intelligence" plays in the Obama administration’s
Sudan policy? A good deal, if we look at the historical record. And
how, in turn, does this policy govern U.S. responses to the regime’s
military assaults in Abyei, South Kordofan, Blue Nile---and of course
in Darfur, which in November 2010 the Obama team announced would be
"de-coupled" from bilateral discussions of Khartoum’s support for
terrorism? The answers do not bear close moral scrutiny.

By Eric Reeves

October 10, 2011 — As the National Islamic Front/National Congress
Party regime in Khartoum leads greater Sudan---now Sudan and South
Sudan---ever closer to catastrophic civil war and international
conflict; as the regime continues to deny humanitarian access to many
hundreds of thousands of vulnerable civilians throughout North Sudan;
as evidence mounts of genocidal destruction in the border state of
South Kordofan; and as Khartoum’s Sudan Armed Forces (SAF) and its
militia allies continue an all-out assault on another border state,
Blue Nile, the Obama administration has been peculiarly soft-spoken in
its condemnations. Indeed, it has downplayed the significance of
Khartoum’s actions and engaged in moral equivocation, despite the
regime’s overwhelming responsibility for the massive violence and
destruction of civilian lives and livelihoods.

Revealingly, the Obama administration in the person of special envoy
for Sudan Princeton Lyman has expressed an untenable, finally
contrived skepticism about evidence of mass gravesites in South
Kordofan, gravesites confirmed by eyewitness accounts to UN human
rights investigators and by satellite photography from the Satellite
Sentinel Project. At another revealing point in recent history, Lyman
and the Obama administration failed to condemn in remotely appropriate
terms Khartoum’s slow-moving invasion of the contested border region
of Abyei in late May, and then tendentiously blamed the forces of
South Sudan for a firefight that Khartoum would use as pretext for its
decisive assault.

And on some matters of consequence the Obama administration has said
nothing at all. One key element of civilian protection in Darfur,
where genocidal destruction has continued for more than eight years,
was a UN Panel of Experts, authorized by Security Council Resolution
1591 in March 2005 (under Chapter 7 of the UN Charter). Tasked with
monitoring an arms embargo on Darfur and a ban on all offensive
military flights over Darfur, the Panel has been prevented by Khartoum
from engaging in meaningful reporting for two years. Recently all
experts on the Panel resigned. And yet there was not a word from the
Obama administration, including Princeton Lyman, who testified before
the Congress on October 4, 2011 and mentioned neither the demise of
the Panel of Experts nor the continuing, deliberate aerial bombardment
of civilian and humanitarian targets that is part of Khartoum’s
military strategy in the region. Indeed, aerial bombardment of
civilian and humanitarian targets has been a feature of Khartoum’s
military strategy for well over a decade and continues to this day,
with many reports of daily bombings in South Kordofan and Blue Nile,
as well as a steady stream of reports of attacks on villages in
Darfur. Special Envoy Lyman made only passing reference to these
egregious atrocity crimes.

Lyman commented only briefly on Khartoum’s continuing contempt for an
agreement obliging its military forces to leave Abyei by October 1,
even as a UN peacekeeping force of Ethiopian troops has already
deployed in substantial numbers. In his Congressional testimony Lyman
said only that Khartoum’s defiant declaration that it would stay until
Ethiopian deployment had been completed was "unacceptable, and counter
to the spirit and the letter of the agreements." This is not likely to
command much attention in Khartoum, where a military coup has been
slowly underway for months. As the International Crisis Group recently
noted in a recent "Conflict Risk Alert" (September 26, 2011):

"The loss of South Sudan has had a profound effect on the National
Congress Party, and senior generals led a soft-coup within the party.
They have outflanked more pragmatic elements in the NCP who seek a
negotiated strategy. Encouraging progress in the post-separation
arrangements between North and South was blocked [by these generals
and their political allies]." (emphasis added)

None of this was acknowledged by Lyman, and he was silent on many
other critical issues as well. He declared that the June 28, 2011
"Framework Agreement" between Khartoum and the Sudan People’s
Liberation Movement/North "created a process to address political and
security arrangements for the Two Areas [South Kordofan and Blue
Nile]; it was a welcome step forward and it is vital that the parties
return to the principles of it." But this characterization was deeply
disingenuous, for he makes no mention of the fact that three days
after the agreement was signed by senior presidential advisor Nafi’e
Ali Nafi’e, President Omar al-Bashir harshly renounced it and
committed firmly to a military solution for Khartoum’s new "southern
problems":

"Sudan’s President Omar Hassan al-Bashir said the army would continue
its campaign in the flashpoint of South Kordofan, state news agency
SUNA said on Friday [July 1, 2011], dashing hope of a cease-fire ahead
of southern secession. In his first comments since returning from a
visit to China, Bashir seemed to contradict comments by a northern
official this week that north and south had agreed ’in principle’ on a
cease-fire in the northern oil state."

Ominously, al-Bashir spoke of the Sudan Armed Forces (SAF) continuing
a "cleansing" operation:

"’[Al-Bashir] directed the armed forces to continue their military
operations in South Kordofan until a cleansing of the region is over,’
SUNA quoted Bashir as telling worshippers during Friday prayers."
(emphasis added)

No mention of this was made by Lyman in his Congressional testimony,
even as the International Crisis Group had reported a week earlier
that:

"[H]ardliners in Khartoum---including SAF generals---immediately
rejected a 28 June framework agreement, which includes a political and
a security agreement for Southern Kordofan and Blue Nile, facilitated
by former South African President Thabo Mbeki and Prime Minister Meles
Zenawi of Ethiopia, and signed by Dr. Nafie Ali Nafie, Co-deputy NCP
chairman and a presidential adviser."

Not even to mention this July 1 rejection of the "Framework
Agreement," while praising the agreement itself, is entirely
characteristic of how Lyman communicates publicly.

The Obama administration’s view of national interest in Sudan

Just as dismaying as Lyman’s testimony, which was little more than
diplomatic boilerplate, are the policies actually articulated by the
administration and which are too often scandals to justice and
diplomatic integrity. We need to ask what lies behind these policies,
what undergirds them. In November 2010, for example, the
administration declared it was "de-coupling" Darfur from discussions
with the Khartoum regime on the issue that matters most to these
génocidaires, namely their presence on the U.S. State Department list
of terrorism-sponsoring nations. A “senior administration official”
(according to a State Department transcript of a background briefing)
declared that:

" ... the U.S. was prepared to accelerate the removal of Sudan from
the state sponsor of terrorism list if the Government of Sudan did two
things. One is to fully implement the Comprehensive Peace Agreement,
and two, to live up to all of the legal conditions required under law
for Sudan to be taken off the state sponsors list. By doing this, we
would also be de-coupling the state sponsor of terrorism from Darfur
and from the Darfur issue." (emphasis added)

In April 2008, candidate Obama expressed "deep concern" that the Bush
administration was making an unseemly deal with the Khartoum regime as
a means to bolster the fledgling but already failing UN/African Union
Mission in Darfur (UNAMID):

"This reckless and cynical initiative would reward a regime in
Khartoum that has a record of failing to live up to its commitments.
First, no country should be removed from the list of state sponsors of
terrorism for any reason other than the existence of verifiable proof
that the government in question does not support terrorist
organizations." (http://www.barackobama.com/2008/04/... — NB: this
link was removed following the November "de-coupling" decision)

As a follow-up to its "de-coupling" of Darfur, late last fall senior
administration officials, including Secretary of State Hillary Clinton
and then-U.S. special envoy for Sudan, retired Air Force Major-General
Scott Gration, pushed the Government of South Sudan to "compromise"
further on Abyei, this despite the very significant compromises
already embodied in the Abyei Protocol of the 2005 Comprehensive Peace
Agreement (CPA) and particularly in the "final and binding"
determination of Abyei’s boundaries by the Permanent Court of
Arbitration in The Hague (July 2009). The effect of this misguided
U.S. pressure was to make the invasion of Abyei inevitable. It is
difficult to overstate the consequences of this perverse diplomatic
squeezing, but the distinguished historian of Sudan Douglas Johnson
was all too prescient in his January 14, 2011 analysis, arguing
compellingly that if a resolution of the Abyei crisis were to be
achieved, there must be:

"[1] A recognition by the U.S. government that the recent [diplomatic]
interventions of their mediators have made a resolution [of the Abyei
crisis] less, rather than more likely, and [2] a reversal of their
current attempt to mediate through the imposition of a further
territorial compromise." (emphasis added) (Douglas Johnson, "The Road
Back from Abyei: Any resolution of the Abyei dispute must address the
root causes")

The counter-productive "diplomatic interventions" Johnson notes refer
specifically to efforts by the Obama administration to pressure the
Government of South Sudan to "compromise" even further on Abyei. And
because of this pressure, peaceful resolution of Abyei’s status now
appears much "less likely." Sadly, the Obama administration seems
undeterred by its failures or by such cogent analyses of its
diplomatic errors.

To be sure, there is a case to be made that this and other failures
derive from previous neglect of the tasks associated with
implementation of the CPA, as well as sheer incompetence---on the part
of Gration, his Bush administration counterpart Andrew Natsios, and
many within an inadequately staffed Africa Bureau at the State
Department. An equally strong case can be made that a low-minded
expediency has governed many U.S. responses and statements. This was
especially true in March 2009 following Khartoum’s expulsion of
thirteen key humanitarian organizations from Darfur, roughly half the
relief capacity at the time. Statements following the expulsions by
Gration and Senator John Kerry (a frequent ad hoc envoy for the Obama
administration), claiming that capacity would be fully restored
quickly, were little more than efforts to conceal U.S. impotence and
the grim humanitarian realities that continue to confront Darfuris.
Inevitably, the effect of their comments was to diminish pressure on
Khartoum to increase access and expedite replacement relief capacity.
Similarly, Gration’s push in summer 2009 for the premature returns for
Darfuri displaced persons---more than 2 million people remain forced
from their homes by ethnically-targeted violence---was soundly
rebuffed not only by Darfuris, but humanitarian organizations and UN
agencies, which confronted Gration directly.

But incompetence, neglect, and expediency are still inadequate
explanations for the feckless, disingenuous, finally callous
pronouncements and policies of the Obama and Bush administrations over
many years. Many feel strongly, as I do, that there are distinctly
unpublicized parameters governing U.S. diplomatic initiatives and
actions, and that U.S. commitment to the principle of a
"responsibility to protect" endangered civilians has been massively
trumped by competing views of national interest. Suspicion falls most
strongly on the U.S. intelligence community, and specifically those
with responsibility for counter-terrorism. A brief history of the
aggressive U.S. pursuit of Khartoum’s "cooperation" in this effort is
suggestive.

June 2005

Despite President Bush’s 2005 reiteration of the genocide finding
against Khartoum for its actions in Darfur, first announced in
September 2004 by former Secretary of State Colin Powell, the CIA flew
to Washington, DC---on executive jet---Major-General Saleh ’Gosh,’
head of the regime’s National Intelligence and Security Services
(NISS). This occurred even as Gosh was known to be a prime architect
of genocide in Darfur. In an extraordinary depiction of the
controversy over this visit, even within the Bush administration, the
Los Angeles Times reported on June 17, 2005:

"The CIA and Mukhabarat [Khartoum’s intelligence and security
services] officials have met regularly over the last few years, but
Gosh had been seeking an invitation to Washington in recognition of
his government’s efforts, sources told The Times. The CIA, hoping to
seal the partnership, extended the invitation. ’The agency’s view was
that the Sudanese are helping us on terrorism and it was proud to
bring him over,’ said a government source with knowledge of Gosh’s
visit. ’They didn’t care about the political implications.’" (emphasis
added)

These "political implications," of course, included Khartoum’s
understanding of the significance of Washington’s willingness to
invite not simply a known génocidaire, but a man directly responsible
for many tens of thousands of "disappearances," extrajudicial
executions, instances of brutal torture, political arrests, and other
violations of human rights. These have been regularly chronicled for
many years by Human Rights Watch, Amnesty International, and the
African Center for Justice and Peace Studies (UK), among others.

As the Los Angeles Times dispatch continued:

"An internal debate erupted after word of the invitation [to Gosh]
spread to other government agencies. Their concern stemmed in part
from a 2004 letter that 11 members of Congress sent to Bush, which
accused Gosh of being a chief architect of the violence in Darfur. The
letter said Sudan had engaged in a ’scorched-earth policy against
innocent civilians in Darfur.’ It identified 21 Sudanese government,
military and militia leaders as responsible and called on the
administration to freeze their assets and ban them from coming to the
U.S. Gosh was No. 2 on the list." (emphasis added)

"Several sources, including a State Department official, said the
question of the propriety of the visit provoked sharp divisions at
that agency. Similar opposition emerged at the Justice Department,
where officials discussed arresting Gosh, according to two sources."

The CIA was "proud" of inviting Saleh Gosh; the Justice Department
considered arresting him. The State Department view was also rendered
insightfully:

"Ted Dagne, a Sudan specialist with the Congressional Research
service, said State Department officials believed Gosh’s trip would
’send a political signal to the [Sudanese] government that Darfur
would not prevent Sudan from winning support in Washington.’"
(emphasis added)

The signal was received clearly in Khartoum, and in the intervening
six years the regime has acted accordingly---sanctioning attacks on
humanitarian workers and operations, impeding humanitarian supplies,
arresting and abusing humanitarian workers, denying these workers
access to desperate populations, and bombing many hundreds of civilian
targets. There are authoritative reports of subsequent meetings
between U.S. intelligence officials and Gosh in the UK. Notably, he
also appears on the confidential list of those wanted for atrocity
crimes in Darfur, prepared by the UN Commission of Inquiry and passed
to the International Criminal Court in 2005. In 2006 another
confidential list of 17 individuals in the Khartoum regime, prepared
by the UN Panel of Experts on Darfur, was leaked to the press. Gosh’s
name appears prominently yet again.

2001 to the present

In fact, the visit by Gosh only highlighted a key feature of the
relationship with Khartoum that has been cultivated by both the Bush
and Obama administrations. In August 2010 the Washington Post reported
at length on the extensive cooperation between the CIA and Khartoum’s
brutally repressive NISS:

"[T]he CIA is continuing to train and equip Sudan’s intelligence
service in the name of fighting terrorism. The irony is not lost on
critics of the arrangement. ’The U.S. government is training the
Sudanese intelligence services and conducting bilateral operations
with them---all in the name of the long war,’ said a former
intelligence officer who served in Sudan.

’We also refer to the Sudanese as a state sponsor of terror, have
called their activities in Darfur genocide, and supported the issuance
of arrest warrants for the Sudanese president for genocide, war crimes
and crimes against humanity, as defined by the International Criminal
Court.’"

"’Certainly,’ the former intelligence officer added, ’the CIA is
providing training to the National Intelligence and Security Service,’
known as the NISS. ’I suspect it was begun ... in the very early days
after September 11.’

Others say it began in the 1990s."

The Post article continues:

"’There has also been transfers of equipment’ to the NISS, [the
official] said, ’computers, etcetera.’ Another knowledgeable former
U.S. intelligence official said the CIA-NISS partnership began even
earlier, in the Clinton administration, and called it ’incredibly
valuable.’ ’We have a had a long term relationship with the Sudanese,
even when they closed the embassy for a short period in the late 90s,’
the official said on condition of anonymity because the topic is so
sensitive."

These "computers, etcetera" were undoubtedly used by the NISS to keep
track of dissidents, to monitor private conversations (especially with
international interlocutors), and to forestall any nascent political
opposition. Whatever surveillance capacity was included in the
transferred U.S. equipment would have certainly been put immediately
to domestic use. Those who have been tortured, arrested without trial,
or executed extra-judicially may well have U.S. intelligence equipment
to thank.

The means by which this arrangement are justified by intelligence
officials are so absurd as to seem the stuff of satire:

"’Some U.S. officials with intimate knowledge of the CIA’s program
contend that the spy agency’s relationship with the NISS actually
fosters human rights. ’The intelligence channel has been one tool our
government has used to try to influence the Sudanese in terms of human
rights and the rule of law,’ said one such official. ’That was a
deliberate policy decision, made with inter-agency support .... ’"

The notion that human rights are "fostered" by a bilateral arrangement
in which the U.S. provides equipment and training to one of the most
repressive regimes in the world is utterly preposterous. The credulous
notion that this equipment will not be readily diverted to support
domestic political tyranny reveals a radical ignorance of the
character of the Khartoum regime. There is not a shred of evidence to
support these ludicrous claims, and there are reams of human rights
reports that make clear Khartoum has only grown more repressive during
the years in question.

Just as fantastically, the Post reports:

"’If the Sudanese go outside the box,’ [one official with intimate
knowledge of the CIA’s program] maintained, ’we can pull the plug.’"

"Go outside the box"? Just how does the CIA understand "the box" in
Sudan? Is eight years of genocidal destruction in Darfur "within the
box"? Is the constant and deliberate aerial bombardment of civilian
and humanitarian targets "within the box"? Are the military seizure of
Abyei and the continuing indiscriminate military assaults in South
Kordofan and Blue Nile "within the box"? Is ethnically-targeted
slaughter "within the box"? Is the denial of humanitarian access to
many, many hundreds of thousands of Sudanese civilians "within the
box"?

Clearly there is no moral compass within an intelligence community
defined by such individuals and such attitudes as the Post has
recorded. And telling answers to questions about what really governs
the Obama administration’s Sudan policies come dramatically into
focus.

2006-2010

During this critical period for implementation of the CPA, both the
Bush and Obama administrations squandered countless opportunities to
pressure Khartoum to abide by the various terms of the agreement.
Among the failures was a lack of pressure on the regime to make
possible the self-determination referendum for Abyei guaranteed in the
CPA and to respect the Abyei ruling of the Permanent Court of
Arbitration. As a consequence, when it became increasingly clear in
fall 2010 that the Abyei referendum would not be held, the Obama
administration capitulated before Khartoum’s intransigence and began
to pressure Juba under the guise of seeking "compromise" (see above).
This would have disastrous consequences, as would the failure to
demarcate the North/South border, resolve citizenship issues for
Southerners who remained in the North, agree on a formula for oil
revenue-sharing, and come to a security arrangement for the border
regions now so brutally ravaged by conflict.

In Darfur well over a million people were newly displaced during this
time period. Humanitarian aid was savagely truncated by the March 2009
expulsions, and more organizations left subsequently, many under
duress. These include Médecins du Monde---the only provider of medical
care in the populous Jebel Marra; most recently both Medair and
International Medical Corps have announced their intention to
withdraw. In summer 2010, Khartoum expelled senior officials of the
International Organization for Migration and the UN High Commission
for Refugees---without protest from the U.S. and other international
actors, and most significantly, without consequence for the regime.
Reports from Darfuris, via Radio Dabanga, reveal a deteriorating
humanitarian situation that is a great deal more tenuous and
threatening than Lyman suggests in the brief overview of Darfur he
offered Congress on October 4.

Throughout this period the U.S. became increasingly invested in
counter-terrorism intelligence provided by Khartoum, even as many of
those with access to or knowledge of the intelligence agree with the
assessment offered by former Senator Russ Feingold (see immediately
below).

2009

Perhaps Sudan’s greatest friend in the U.S. Senate prior to 2011 was
former Senator Russ Feingold. Since he sat on the Intelligence
Committee and also chaired the Africa subcommittee of the Senate
Foreign Relations Committee, he was uniquely positioned to assess the
trade-off with Khartoum that began under the Bush administration, and
has continued under the Obama administration. In this trade-off,
Khartoum would provide counter-terrorism "intelligence" and in
exchange the U.S. would adopt a more conciliatory attitude toward
Khartoum, despite what both Presidents declared to be genocide in
Darfur and the regime’s reneging on a host of agreements, including
many key terms of the CPA. Senator Feingold made explicitly clear his
own skepticism about Khartoum’s behavior in cooperating on
counter-terrorism:

"I take serious issue with the way the report [on international
terrorism by the U.S. State Department] overstates the level of
cooperation in our counterterrorism relationship with Sudan, a nation
which the U.S. classifies as a state sponsor of terrorism. A more
accurate assessment is important not only for effectively countering
terrorism in the region, but as part of a review of our overall policy
toward Sudan, including U.S. pressure to address the ongoing crisis in
Darfur and maintain the fragile peace between the North and the
South." (emphasis added)

(Statement by Senator Russell Feingold, Chair of the Africa
Subcommittee of the Senate Foreign Relations Committee and member of
the Senate Intelligence Committee, May 1, 2009)

In sharp contrast, U.S. special envoy Gration would testify to the
Senate three months later that:

"’There’s no evidence in our intelligence community that supports
[Sudan] being on the state sponsors of terrorism. It’s a political
decision,’ Gration said." (July 30, 2009)

This is not what he would tell Darfuris in September 2009. Rather,
when pressed about his Senate testimony, Gration declared in an
interview with Radio Dabanga (an increasingly important news
clearinghouse for Darfur): "I never said [that] we should remove Sudan
from the terrorist list." This seems astonishingly disingenuous given
Gration’s that claim that Sudan remains on the list only because of a
purely "political decision"---a decision that Gration insists is not
supported by evidence from "our intelligence community."

But is this latter claim true? More consequential than what Gration
did say is what he did not say in his Senate testimony---and this gets
to the heart of the deal that the Obama administration has struck with
Khartoum. Notably, what was at the time the most recent State
Department assessment of international terrorism (August 2010,
reporting on the year 2009) found that "al-Qa’ida-inspired terrorist
elements as well as elements of the Palestinian Islamic Jihad, and
HAMAS, remained in Sudan in 2009" (emphasis added). So what to make of
Gration’s claim of July 2009 that there is "no evidence in our
intelligence community" that Khartoum supports terrorism? The presence
of these terrorist organizations certainly would have required
acquiescence from the National Islamic Front/National Congress Party
regime. Moreover, U.S. intelligence knows that as recently as March
2009 Khartoum had a role in supplying Iranian arms for Hamas in Gaza.

The Guardian (UK) reported in December 2010 on "Wikileaked" State
Department cables from both January and March 2009:

"State department cables released by WikiLeaks show that Sudan was
warned by the U.S. in January 2009 not to allow the delivery of
unspecified Iranian arms that were expected to be passed to Hamas in
the Gaza Strip around the time of Israel’s Cast Lead offensive, in
which 1,400 Palestinians were killed."

U.S. diplomats were instructed to express "exceptional concern" to
Khartoum officials, but those warnings evidently went unheeded. For
The Guardian goes on to report:

"In March 2009, Jordan and Egypt were informed by the U.S. of new
Iranian plans to ship a cargo of ’lethal military equipment’ to Syria
with onward transfer to Sudan and then to Hamas."

The cables don’t specify what the disposition of this "lethal military
equipment" was, but Khartoum was initially a willing participant in
support of a terrorist organization and has for years maintained
particularly close military ties with the Iranian military. Hamas,
which has received very substantial military supplies from Iran, is
designated by Canada, the European Union, Japan---and the U.S.
Khartoum’s role in the supply operation to Hamas in March 2009 is
explicitly identified by U.S. intelligence. So, was Gration’s
testimony an exercise in deception or ignorance? Both are dismaying
possibilities.

Again, this is an administration that came to office having excoriated
the Bush team for expediency in its own dealings with Khartoum. As
noted previously, in April 2008 candidate Obama expressed "deep
concern" that the Bush administration was making an unseemly deal with
the Khartoum regime: "This reckless and cynical initiative would
reward a regime in Khartoum that has a record of failing to live up to
its commitments." But despite these politically appealing words, the
evidence strongly suggests that it is the Obama administration has
been both "reckless" and "cynical," specifically on the issue of
counter-terrorism cooperation by the Khartoum regime. Certainly
candidate Obama’s characterization of the regime is as true today as
it was on the campaign trail in April 2008.

November 2010

In November 2010 a “senior administration official” (according to a
State Department transcript of a background briefing) declared that:

" ... the U.S. was prepared to accelerate the removal of Sudan from
the state sponsor of terrorism list if the Government of Sudan did two
things. One is to fully implement the Comprehensive Peace Agreement,
and two, to live up to all of the legal conditions required under law
for Sudan to be taken off the state sponsors list. By doing this, we
would also be de-coupling the state sponsor of terrorism from Darfur
and from the Darfur issue." (emphasis added)

There was no greater prize that the U.S. could hold out to Khartoum,
and if Darfur had to be sold out on this key issue, the Obama
administration was willing.

May 2011

The Obama administration did virtually nothing to warn the regime off
its military actions against Abyei; rather, special envoy Lyman
expediently tried to blame the Southern Sudan People’s Liberation Army
(SPLA) for a May 19 firefight that evidence suggests was simply a
pretext for the well-prepared assault, which was completed on May 20
(Abyei is somewhat smaller than the state of Connecticut). The initial
UN report on the incident by Haile Menkerios, special representative
of the Secretary-General for Sudan, was based exclusively on
interviews with two senior SAF officers; it is difficult to imagine
sources more likely to distort events. But having condemned the SPLA
on the basis of Menkerios’ account, the U.S. gave credibility to
Khartoum’s claim that the SPLA "attack" was a casus belli. Only later
would Lyman declare weakly that Khartoum’s response was
"disproportionate," a comment so feeble as to guarantee the regime’s
forces would feel no pressure to leave.

And they have not: almost four months after the invasion of Abyei, the
SAF refuses to withdraw from the region, despite a formal agreement to
withdraw by October 1. Khartoum’s Misseriya Arab militia allies, who
were not meaningfully included in the agreement, also continue to
present an ongoing military threat to any returnees. More than 100,00
Dinka Ngok forced from their homes into South Sudan have not returned,
and cannot so long as their security is so deeply threatened by the
military situation on the ground. Moreover, Khartoum has refused to
make provision for humanitarian assistance to potential returnees, who
can be most readily served from a base of operations in Kadugli, South
Kordofan (all international humanitarian access is denied in South
Kordofan as well). President al-Bashir has been adamant that "Abyei is
located in north Sudan and will remain in north Sudan"; and despite
the various agreements making clear this is not so, the situation on
the ground is rapidly making Northern annexation of Abyei a fait
accompli. This extends to the control of Abyei’s borders and all
access to the region.

Why was the administration so completely incompetent in responding to
the crisis in Abyei that had clearly been building for months? Why was
it so accommodating of Khartoum’s conspicuously prepared military
invasion, detailed in numerous reports from the Satellite Sentinel
Project (April 8, March 22, March 10, March 8, March 4, February 15,
January 16, and January 13)? Why was there so little in the way of
condemnation of the looting and wholesale destruction in the immediate
wake of Khartoum’s May 20 seizure of Abyei? (Again, there are
authoritative reports from the Satellite Sentinel Project, including
ground and aerial photographs, of the looting and destruction). Why
was there no response of consequence to a leaked internal UN report
finding evidence of ethnic cleansing? Associated Press reported:

"’The Sudan Armed Forces attack and occupation of Abyei and the
resultant displacement of over 30,000 Ngok Dinkas from Abyei could
lead to ethnic cleansing, if conditions for the return of the
displaced Ngok Dinka residents are not created," according to the
[confidential UN] report, which was obtained by The Associated Press
on Friday [ .... ] The UN report estimated that between 15 percent and
20 percent of the homes in Abyei were burned in what it called
’deliberate destruction’ and a violation of international humanitarian
law."

"By destroying their homes, looting their properties and inspiring
fear and terror, over 30,000 Ngok Dinkas have been forcefully
displaced from their ancestral homes, leaving the Abyei area now more
or less homogeneously occupied by the Misseriya,” it said. Ethnic
cleansing, the report said, is a purposeful policy designed by one
ethnic or religious group to remove by violent and terror-inspiring
means the civilian population of another ethnic or religious group
from certain geographic areas. The report said that the likelihood
that all the Ngok Dinka residents can return to Abyei ’is limited,’
given the massive destruction of civilian property and the occupation
of Abyei by northern forces." (June 3, 2011 [Juba, South Sudan])

The UN figure for those displaced from their homelands in Abyei has
now climbed to 110,000.

In Princeton Lyman’s testimony to the Congress, these realities are
distilled into diplomatic abstraction: "Negotiations on [the final
status of Abyei] were severely set back by the occupation of Abyei by
the Sudan Armed Forces in May."

Why the refusal to speak honestly about the realities of human
suffering and destruction endured by the people of Abyei? Why so
little about the consequences of Khartoum’s obstruction of
humanitarian access? Why so little about the character of the regime
in Khartoum, which Lyman consistently misrepresents as somehow
prepared for fundamental change? ---

"[The government in Khartoum has] the opportunity to address the
fundamental issues that have driven conflict in Sudan for many years,
issues of power and wealth sharing, human rights, and the role of
democratic institutions such as political parties and the judiciary. A
broad-based national dialogue on these issues, and a clearly defined
process for participatory development of the new constitution would
offer the promise of a new day in Sudan---one in which all parts of
the country, and all of its people, would benefit. It is the
participatory nature of such a national effort that is most important,
and such an enterprise must reach all sectors of Sudanese society,
including civil society actors, workers, students, and representatives
from all of Sudan’s diverse populations."

This is simply grotesque in its implicit characterization of the
political and military forces that currently control all power in
North Sudan. Why would Lyman indulge in such utopian absurdities?
There are no encouraging answers, and given the central importance of
counter-terrorism in bilateral relations between Khartoum and
Washington, there are some obvious, and ominous, possibilities.
Certainly Lyman’s words offered a good deal of encouragement to the
senior officials and military leaders in Khartoum; virtually all of
these men have been indicted publicly or confidentially for atrocity
crimes and are assured of a permanent future in The Hague if
"participatory" politics, or a "broad-based national dialogue" on key
issues were ever to come to Sudan.

June 2011

On June 2, 2011, the President’s senior advisor for
counter-terrorism---John Brennan, deputy director of the
administration’s National Security Council---traveled to Khartoum, and
two other capitals in the region. This was an extraordinarily fraught
moment for Sudan: Khartoum had two weeks earlier invaded and
militarily seized Abyei after months of well-documented military
preparation. Three days after Brennan’s visit the regime’s regular and
militia forces would launch widespread attacks in South Kordofan,
again manufacturing a pretext for their actions out of a small armed
conflict that was designed to spark the larger confrontation. Violence
in South Kordofan in the wake of any seizure of Abyei had long been
predicted, and satellite reconnaissance by the Satellite Sentinel
Project made clear that heavy military activity in and near South
Kordofan was well underway by late May (see particularly the report of
May 26).

So why was Brennan in Khartoum? Why was this a moment that called for
the senior U.S. official on counter-terrorism? He is not a diplomat,
but rather has spent most of his career in the CIA; and until
appointed to his present position, he had served as the CEO of a
DC-area security consulting business. He could carry no message that
could not be carried by Lyman---unless Lyman is not sufficiently in
the intelligence community loop; and he could offer no incentive that
the Obama administration had not already offered. The only reasonable
explanation for Brennan’s presence at this critical moment is that
U.S. policy was governed not by the overwhelming need to prevent the
war that was clearly imminent, but by concerns about U.S.
counter-terrorism intelligence-gathering---an attempt to ensure that
the U.S. would continue to receive what it had been receiving, the
intelligence Senator Feingold had so unsparingly characterized. Three
days after Brennan’s visit, Khartoum began widespread military action
in South Kordofan.

The regime soon began to engage in widespread atrocity crimes that
have been authoritatively reported by a UN human rights team that was
present in Kadugli during June 2011 and by the Satellite Sentinel
Project, which has released multiple reports with compelling evidence
of a number of mass gravesites capable of holding many thousands of
bodies. SSP has also obtained first-hand eyewitness accounts of mass
gravesites, of precisely the sort that had also been collected by the
UN team. And yet the Obama administration was not persuaded.
Skepticism about these mass gravesites was expressed by Lyman in a
Washington Post interview, and his unsupported claims about SSP
findings were emblematic of efforts to minimize the scale and
consequences of Khartoum’s actions in recent months. His statements in
the Post amounted to deliberate distortion, and again we must ask
about motives.

[Lyman is perversely joined in this untenable skepticism by Andrew
Natsios, whose remarks are both more recent and considerably more
ill-considered (see below the response of the Satellite Sentinel
Project to Natsios’s fatuous assertions in an interview with a Ugandan
newspaper on October 5---Appendix 1).]

September 2011

On September 1, 2011 Khartoum launched a third military attack, this
time against Blue Nile. Malik Agar, the elected governor of Blue Nile,
had repeatedly insisted that the longer South Kordofan was caught up
in conflict and large-scale atrocity crimes continued, the harder it
would be for Blue Nile to stay out of the fighting. He was of course
right, and this third military offensive began by targeting Malik’s
residence in Damazine. The initial onslaught was---like the assaults
on South Kordofan and Abyei---thoroughly well prepared. These actions
are fundamentally revealing of the character and ambitions of the
regime in Khartoum, and yet in his testimony to the Congress, Lyman
said painfully little of consequence about Blue Nile and South
Kordofan, and almost nothing that has not been reported in more detail
and with greater insight elsewhere.

Because his account was so truncated, and ignored so much that is
telling in Khartoum’s behavior, it offers no clues about how the
administration will respond to what all signs indicate is a continuing
determination by Khartoum to prevail militarily in all theaters of
conflict. Lyman certainly did not mention repeated statements from
Khartoum declaring this determination explicitly. Nor did he mention
al-Bashir’s adamant refusal of all international mediation in peace
talks:

"’The armed forces will be saying prayers of thanksgiving soon in
Kurmuk’ [the major SPLM/A-N-controlled town in Blue Nile], [al-Bashir]
was quoted as saying by the official SUNA news agency, during a speech
in eastern Sudan. ’The rebellion will be put down and the country’s
outlaws defeated ... Sudan will not repeat the experience of being
obliged to negotiate and sign protocols under UN supervision,’ he
said." (emphasis added) (Agence France-Presse [dateline: Khartoum]
September 28, 2011)

And from The Sudan Tribune, this even more revealing account of
al-Bashir’s speech:

"Al-Bashir also reiterated his rejection to the Sudan People’s
Liberation Movement-North’s demands for negotiations through a third
party, saying his government is done negotiating with ’outlaws’
abroad. ’There will be no more negotiations abroad…and we will not
allow international organizations to intervene under the blanket of
humanitarian assistance. Any force that wants to oppose [the
government] and impose protocols of Khawajat [an Arabic word used to
refer to Westerners] will not be allowed to do so,’ he told the
crowd." (September 28, 2011)

The "participatory politics" that Lyman so speciously suggests are in
fact precluded by the unyielding and brutal tyranny of the NIF/NCP
regime, and there is no prospect of change or meaningful reform absent
regime change.

Implications

The human costs of the assaults on Blue Nile and South Kordofan, as
well Abyei, are already staggering. Along with those suffering and
displaced in Darfur, millions of Sudanese are at acute risk because of
the actions of Khartoum in denying humanitarian access. This is the
reality that must be confronted urgently and honestly; neither quality
seems to have survived the U.S. preoccupation with counter-terrorism
intelligence. Certainly they are not in evidence in Obama
administration pronouncements.

Also urgent is an independent and unfettered human rights
investigation of atrocity crimes in South Kordofan. Lyman weakly calls
for such an investigation in his Congressional testimony, but shows no
willingness to challenge the objections of China and Russia,
veto-wielding members of the Security Council:

"... accountability for human rights violations that have occurred in
[South Kordofan and Blue Nile] is critical to a lasting resolution of
the conflict. We will continue to push for a credible, independent
investigation of violations of human rights that will contribute to
efforts to bring those responsible to account. Unfortunately, to date,
there has been insufficient support in the UN Security Council for
such an investigation."

Calls for "accountability" come cheap when there is no political will
to challenge those who would oppose such a meaningful
investigation---even of atrocity crimes reported by the UN itself on
the basis of the human rights presence in Kadugli (South Kordofan)
during June 2011. Lyman’s facile explanation is a mask for cynical
acquiescence.

With what seems again a bizarre and terrifying skepticism, Lyman
declares that, "We believe a major humanitarian crisis may be
developing in Southern Kordofan and potentially in Blue Nile." "May be
developing"? "Potentially"? Has Lyman not read the weekly reports from
the UN Office for the Coordination of Humanitarian Affairs? Has he
listened to none of the many reports from the ground---from
journalists, from a few courageous humanitarians, and from countless
Sudanese witnesses? Lyman himself cites conservative figures
indicating that some 400,000 people have already been displaced at the
very moment of traditional food harvesting. Is this merely a potential
"humanitarian crisis"? This sort of understatement is wholly
inappropriate in the context of what is clearly---now---a "major
humanitarian crisis," one increasing in scope by the day as Khartoum
continues its military actions. Estimates for the displaced---in South
Kordofan, Blue Nile, Abyei---and refugees in Ethiopia and South Sudan
are now considerably greater than the figures Lyman offers. And yet
all he can muster in his testimony are words guaranteed to fall on
deaf ears in Khartoum:

"The Government of Sudan can and should immediately allow humanitarian
organizations to undertake humanitarian assessments in affected areas
and provide assistance commensurate with the needs of those
populations."

Khartoum "can and should" stop its denial of humanitarian access; it
"can and should" halt daily bombing of civilian targets in South
Kordofan, Blue Nile, and Darfur; it "can and should" negotiate a
cease-fire for both Blue Nile and South Kordofan; it "can and should"
withdraw from Abyei; it "can and should" resolve outstanding issues
between the North and South.

But "can and should" are completely different words, and this regime
only understands the first of these. This is true of all who are
governed by either a ruthless survivalism or the most cynical version
of Realpolitik. And in this, dismayingly, the Obama administration’s
Sudan policies have too much in common with those guiding the National
Islamic Front/National Congress Party regime.

***********************************************

Appendix: The Satellite Sentinel Project responds to Andrew Natsios’s
attacks on its research; Natsios is cut from the same cloth as
Princeton Lyman

Sudan: Harvard Team Refutes Critique of Report on Mass Killings

7 October 2011

Following is the text of an October 6 letter to Dr. Andrew Natsios
from the Harvard Humanitarian Initiative. Natsios, who served as U.S.
Special Envoy to Sudan from October 2006 to December 2007 and
previously headed the U.S. Agency for International Development,
criticized a July 14 report by the Satellite Sentinel Project about
mass graves in the Southern Kordofan region of Sudan. The report
included satellite imagery that the Project said pointed to
"systematic killings and mass burials in this conflict-torn region of
Sudan."

To: Ambassador Andrew Natsios, Distinguished Professor of Public
Diplomacy, Walsh School of Foreign Service, Georgetown University,
Washington D.C.

In a 5 October 2011 interview in the Kampala, Uganda-based newspaper
The Independent, you stated that "I get my intel from other credible
sources in the government and we have clearly determined that George
Clooney’s Sentinel Project is making false accusations. That’s what
they always do." You were speaking in reference to the Satellite
Sentinel Project’s (SSP) 14 July 2011 report identifying three
apparent mass graves in Kadugli, the first of eight alleged sites
containing mass graves that SSP has publicly reported so far.

The findings in that report were based on the Harvard Humanitarian
Initiative’s (HHI) analysis of DigitalGlobe satellite imagery and
direct eyewitness accounts, which were later corroborated by a United
Nations High Commissioner for Human Rights (UNHCHR) report. The
Harvard-based team leads the review of satellite images and eye
witness accounts, produces the analytic reports, and manages the daily
operations of SSP. HHI takes full responsibility for the content and
veracity of each and every SSP report.

We are perplexed by your statements about SSP’s reports, particularly
in light of the fact that your claims seem unverifiable. You provide
no concrete evidence to support these claims and you mention only
unnamed sources in the US Government, who do not represent the
official US position on evidence of mass graves in South Kordofan. The
US State Department has called for an independent investigation of
alleged mass graves and other potential war crimes in South Kordofan,
and has never confirmed nor denied the existence of mass graves in
Kadugli.

SSP’s evidence, analyzed by HHI, is the following:

The 14 July report was the result of over a month of intensive
satellite surveillance of Kadugli by SSP in the area in and around the
Tilo School where the three graves were independently identified by
eyewitness accounts. Archival imagery of the site was also reviewed.
The site was independently identified by an eyewitness who did not
have access to this imagery, and whose account was corroborated by two
other eyewitnesses.

One of the eyewitnesses told SSP that Sudan Armed Forces (SAF) killed
an unknown number of civilians near the Tilo Secondary School, in
Kadugli on 8 June. A second, separate eyewitness report directly
received by SSP, corroborated by DigitalGlobe imagery, alleged that at
least two pits were dug on 8 June less than a kilometer south of the
Tilo School in Kadugli and approximately 100 meters from a nearby
radio tower. The eyewitness reported seeing an earthmover there
digging pits.

By the evening of 8 June, the same eyewitness reported that large
green trucks were moving back and forth from the site. The eyewitness
claimed that dead bodies had been picked up from the market area of
Kadugli and other areas in Kadugli around that time. Men at the site
were reportedly unloading dead bodies from the trucks and depositing
them in the open pits. The eyewitness said that he estimated that 100
or more bodies were deposited at the site that evening.

HHI’s analysis of satellite imagery taken during that time is
consistent with these allegations that mass graves had been recently
dug in that location. The UNHCHR report released after SSP’s report
contains the same allegations and specific details from other sources,
including the presence of an earthmover and the transport of bodies
from Kadugli town to that site during that time period. Since the 14
July SSP report containing this particular evidence of apparent mass
graves, SSP has published images and analysis consistent with
independently verified eyewitness accounts of at least five other
sites containing additional alleged mass graves.

The international community, including the US Congress, treats as fact
that civilians in South Kordofan are being intentionally targeted by
SAF-aligned forces; that credible evidence of potential war crimes
exists, including mass graves; that a humanitarian crisis is underway;
and that an independent international investigation of these alleged
atrocities is urgently required. The Government of Sudan, however,
continues to restrict even the most basic humanitarian access to the
area.

In this dire context, unverifiable claims, including unsubstantiated
accusations that Harvard researchers have lied about their findings,
undermines the international effort to alleviate human suffering
on-the-ground and hold alleged perpetrators to account. As both a
former diplomat and current scholar, HHI invites you to come to
Harvard to review SSP’s reports and the evidence on which they are
based, and publicly share your findings.

Signed:

Charlie Clements, MD, MPH. Director Human Rights Documentation,
Satellite Sentinel Project. Harvard Humanitarian Initiative. Executive
Director of the Carr Center for Human Rights Policy, Kennedy School,
Harvard University;

Vincenzo Bolletino, PhD. Executive Director of the Harvard
Humanitarian Initiative; Nathaniel A. Raymond. Director of Operations,
Satellite Sentinel Project, Harvard Humanitarian Initiative.

Eric Reeves has published extensively on Sudan, nationally and
internationally, for more than a decade. To read all his articls and
studies go to www.sudanreeves.org. He can be reached at
[email protected]

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