APA-Niamey (Niger) The ‘Conseil National pour la Sauvegarde de la Patrie’ (National Council for the Safeguard of the Homeland, CNSP), which has been in power since the putsch of 26 July 2023, last
Saturday, renounced with immediate effect a military agreement with the United States which has been in place since 2015.
Doctoral student Julien Antouly, from the Nanterre Centre for International Law (CED), gave his views on the “legal consequences” of the Niger authorities’ decision. The researcher felt that the termination of the military agreement between Niger and the United States was “legitimate” and had “complied with legal formalities.”
“Unlike in previous cases (agreements with France and the EU/EUCAP), there can be no doubt about the legitimacy of the CNSP’s decision to terminate the agreement, since the new authorities were recognised by the United States,” Julien Antouly explained.
In his view, the United States conferred “legitimacy” on the power of the Niger junta in October 2023, by recognising the end of the power of President Mohamed Bazoum, who was overthrown in July 2023.
The researcher pointed out that the Status of Forces Agreement (SOFA) adopted in 2013 by exchange of letters” provides a framework for the US military presence on Nigerien soil and “offers it jurisdictional
immunities and freedom of movement.”
Several laws and international conventions provide a framework for “consent to the presence of foreign soldiers on the territory of a state.”
The DRC vs Uganda 2005 judgment, for example, provides that these troops may be “withdrawn at any time, without any particular formality.”
The International Court of Justice has added that declarations or denunciations by one State against another are sufficient to conclude that consent to the presence of foreign forces has been withdrawn.
According to Julien Antouly, the renunciation of the SOFA agreement with immediate effect, as well as the statement read out on television by Niger, are tantamount to a request for the expulsion of US forces
from its territory.
“Through these acts, Niger is clearly withdrawing its consent to the US military presence, which therefore has no legal basis (…) In this case, Niger has not only respected the formalities, but has accused the United States of ‘a condescending attitude,’ of ‘lies’ and ‘illegal overflight activities by US aircraft’,” the doctoral student wrote on his X account (Twitter).
In a statement broadcast on national television on Saturday evening, the military regime in power in Niamey announced that it was renouncing the military cooperation agreement with the United States
“with immediate effect.”
The following Monday, Washington indicated that it was waiting for clarification, while asserting that military cooperation between the United States and Niger was mutually beneficial.
“We are in contact with the transitional authorities to obtain clarification of their comments and to discuss future steps,” explained Vedant Patel, a State Department spokesperson.
The question of the deadline for withdrawal will have to be discussed and a special disengagement agreement could be reached, according to the researcher.
“On the other hand, the United States will be obliged to respect this request for withdrawal,” Julien Antouly went on to say.
The United States has some 1,000 troops in Niger, engaged in the fight against terrorism in the Sahel, and has a major drone base in Agadez (north).
SD/te/fss/as/APA