Extradite suspects in attempt on Egyptian president's life or face diplomatic sanctions

UN Chronicle, Summer, 1996

Sudan must take immediate action to extradite to Ethiopia three suspects wanted in connection with a 26 June 1995 assassination attempt on the life of Egyptian President Hosni Mubarak, or face diplomatic sanctions, according to the Security Council on 26 April.

The Council further demanded that Sudan desist "from assisting, supporting and facilitating terrorist activities and from giving shelter and sanctuary to terrorist elements", and begin henceforth acting in its relations with its neighbours and others in full conformity with the Charters of the UN and of the Organization of African Unity (OAU).

In adopting resolution 1054 (1996) by a vote of 13 to none, with 2 abstentions (China, Russian Federation), the Council was acting under Chapter VII of the UN Charter. It did so after determining that Sudan's non-compliance with demands stated originally in resolution 1044 (1996) of 31 January constituted "a threat to international peace and security".

If Sudan did not comply by one minute after midnight Eastern Standard Time on 10 May, States would be required to significantly reduce the number and level of staff at Sudanese diplomatic missions and consular posts, and restrict or control the movement within their territories of remaining staff. In addition, entry into or transit through their territories of officials and members of the Sudanese Government and armed forces would be restricted. Sanctions would remain in effect until the Council determined that Sudan had complied with its demands.

In support of its action, the Council called for all States to act in strict conformity with those measures, despite any possible rights or obligations under prior international agreements or contracts. It also called on international and regional organizations not to convene any conferences in Sudan.

States are due to report back within 60 days from the resolution's adoption on measures taken by them to fulfil the provisions of the resolution. Secretary-General Boutros Boutros-Ghali was to report within 60 days of the 10 May deadline on the resolution's implementation. At that time, the Council would re-examine whether Sudan had complied with its demands and, if not, determine what further measures it might adopt.

Disavowal

Addressing the Council, Sudan called the assertion that it had not complied with resolution 1044 (1996) "amazing", noting that it had provided details of its efforts to apprehend the suspects (S/1996/197). The demand that Sudan cease supporting terrorism "failed to clarify" the nature of those acts, their sources or the measures needed to comply with that demand. In addition, Sudanese President Omar Al-Bashir had sent the Council several letters containing complaints of "active aggression" perpetrated against Sudan by some neighbouring States. The sanctions, it contended, would undermine regional initiatives to resolve the matter and prove an obstacle to peace in the war-torn country.

Asserting that the facts about Sudanese involvement in the assassination attempt was "clear as day", Ethiopia said it had "no illusion" that resolution 1054 (1996) was strong enough to compel compliance, and it called for stronger sanctions. Egypt hoped the diplomatic measures would encourage Sudanese compliance.

Non-compliance

"It is obvious that the Sudan has not yet complied with the demand of the Security Council to extradite the three suspects to Ethiopia and that all the neighbours of the Sudan, visited by my Special Envoy, have accused the Sudan of supporting terrorist activities within their territories", concluded the Secretary-General in his 11 March report to the Council (S/1996/179).

The Secretary-General's report on the implementation of resolution 1044 (1996) was based on information gathered by his Special Envoy, Chinmaya R. Gharekhan, during a mission to the region from 18 February to 2 March. (The Council on 8 February had welcomed and supported Mr. Boutros Ghali's decision to send the Special Envoy to the area.)

The Secretary-General cited "basic differences" between the Sudanese and Ethiopian Governments concerning the suspects' whereabouts. Differences also prevailed with regard to the Council's demand that Sudan end its support of terrorist activities, with those neighbouring countries that were visited by the Special Envoy "unanimous in their conviction that the Sudan is actively engaged in supporting terrorist elements". Sudan denied knowledge of the suspects' whereabouts and had informed Mr. Gharekhan that it was itself "the victim of destabilizing activities encouraged and supported by its neighbours".

Under resolution 1044 (1996), the Council on 31 January had condemned the assassination attempt and deplored "the flagrant violation of the sovereignty and integrity of Ethiopia". Sudan was called on to comply with OAU requests to extradite the suspects and to cease its support of terrorist activities.

Sudanese Government aircraft on 17 and 22 February bombed airfields in southern Sudan used by international relief agencies and Operation Lifeline Sudan. The Secretary-General on 1 March called them "serious violations of international humanitarian law" that endangered the lives both of civilians in need of assistance and of humanitarian workers and flight crews. The disruption of their activities had serious implications for the continuation of the relief operations, he said, which bring assistance to over 4 million people.