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The United States Designates the Overthrow of Niger's Government a “Coup d'Etat”

Part of: AJIL Contemporary Practice of the United States

Published online by Cambridge University Press:  17 October 2024

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General International and U.S. Foreign Relations Law
Information
American Journal of International Law , Volume 118 , Issue 3 , July 2024 , pp. 539 - 544
Copyright
Copyright © The Author(s), 2024. Published by Cambridge University Press on behalf of American Society of International Law

More than two months after the ouster of President Mohamed Bazoum, the United States announced in October 2023 that it had “concluded that a military coup d'etat has taken place in Niger.”Footnote 1 Nigerien soldiers had confined President Bazoum to the presidential palace on July 26, 2023, and declared that he had been removed from office due to “the deteriorating security situation and bad governance.”Footnote 2 That day, Secretary of State Antony J. Blinken “call[ed] for [President Bazoum's] immediate release” and “condemn[ed] any effort to seize power by force.”Footnote 3 But neither Secretary Blinken nor National Security Advisor Jake Sullivan, who “strongly condemn[ed] any effort to detain or subvert the functioning of Niger's democratically elected government, led by President Bazoum,” referred to the military's action as a “coup.”Footnote 4 Under Section 7008 of the Foreign Assistance Act,Footnote 5 that designation would have prohibited the United States from providing military assistance and other forms of aid to Niger, a critical partner in U.S. counterterrorism operations.Footnote 6 Secretary Blinken warned that “[t]he very significant assistance that we have in place[—that] is making a material difference in the lives of the people of Niger[—]is clearly in jeopardy. And we've communicated that as clearly as we possibly can to those responsible for disrupting the constitutional order.”Footnote 7 But neither the condemnations nor the warnings made by Secretary Blinken and other members of the administration were heeded by Niger's military rulers in July or in the months thereafter. With the determination in October that a coup had taken place, the prohibition on U.S. assistance kicked in.Footnote 8 A few weeks later, President Joseph R. Biden, Jr. notified Congress of his intention to terminate Niger's African Growth and Opportunity Act (AGOA) benefits.Footnote 9 Diplomatic efforts over the following months to reconcile the two countries failed. On March 17, 2024, the Nigerien regime announced that it was ending its cooperation with the U.S. military and ordered the withdrawal of U.S. troops.Footnote 10

Niger has been a key U.S. counterterrorism ally since the George W. Bush administration, with the U.S. role there expanding around 2013.Footnote 11 Over the following decade, Niger became the “largest recipient of State Department military assistance in West Africa and the second highest in Sub-Saharan Africa.”Footnote 12 U.S. operations in Niger (which, as of early 2023, reportedly included more than a thousand soldiers, three drone bases, and several other outposts) have been a critical part of U.S. efforts to fight against Al Qaeda- and Islamic State-affiliated groups in the Sahel.Footnote 13 The United States has primarily operated intelligence, surveillance, and reconnaissance missions, supported Nigerien operations, and provided the Nigerien army with military training.Footnote 14 The U.S. presence in Niger gained greater importance following coups in neighboring Mali and Burkina Faso in 2021 and 2022 respectively and the resultant departure of French troops from those countries.Footnote 15 In March 2023, ahead of Secretary Blinken's visit (the first by a sitting secretary of state to Niger),Footnote 16 Molly Phee, Assistant Secretary of State for African Affairs, stated that Niger is “one of our most important partners on the continent in terms of security cooperation.”Footnote 17 In addition to significant investment in the Nigerien military, Niger has also received substantial development and humanitarian aid from the United States, including a $442 million Sustainable Water and Agriculture Compact and a $302 million Regional Transport Compact with the Millenium Challenge Corporation (MCC).Footnote 18

Valuing Niger's strategic military importance, the United States delayed labeling the military's deposal of President Bazoum a coup as a way of enticing the military to reverse its action. Others were not as patient. The European Union immediately cut off aid.Footnote 19 The Economic Community of West African States (ECOWAS) quickly imposed sanctions and threatened that it would “take all measures necessary to restore constitutional order in the Republic of Niger . . . includ[ing] the use of force.”Footnote 20 The African Union suspended Niger.Footnote 21 With delay not achieving the desired results, the United States in October switched tactics and called the takeover a “coup.”

With the coup designation, the U.S. government suspended its assistanceFootnote 22 to Niger pursuant to Section 7008.Footnote 23 State Department Spokesperson Matthew Miller said that the United States, as permitted by Section 7008, “will maintain . . . life-saving humanitarian, food, and health assistance to benefit the people of Niger.”Footnote 24 He noted that “[a]ny resumption of U.S. assistance will require action by the National Council for Safeguarding the Homeland [the military regime] to usher in democratic governance in a quick and credible timeframe.”Footnote 25 A few weeks after determining that the military takeover constituted a coup, President Biden terminated Niger's designation as a beneficiary country under AGOA.Footnote 26 In addition to Niger, Section 7008's prohibition currently applies to Burkina Faso,Footnote 27 Burma (Myanmar),Footnote 28 Gabon,Footnote 29 Guinea,Footnote 30 Mali,Footnote 31 and Sudan.Footnote 32

Section 7008 does not prohibit the U.S. military from operating in Niger, and the United States sought to maintain its military operations there.Footnote 33 General Michael Langley, commander of the U.S. Africa Command, said in February that “[i]f we lose our footprint in the Sahel, that will degrade our ability to do active watching and warning, including for homeland defense.”Footnote 34 Discussions between the two governments culminated in an early March 2024 visit to Niger by Celeste Wallander, Assistant Secretary of Defense for International Security Affairs, Assistant Secretary Phee, and General Langley. The visit was intended to “continue ongoing discussions . . . regarding Niger's return to a democratic path and the future of our security and development partnership.”Footnote 35

It did not go well.Footnote 36 On March 16, the Nigerien government “denounc[ed] with immediate effect” Niger's military relationship with the United States, stating that “[t]he American presence on Niger's territory is illegal and violates all constitutional and democratic rules.”Footnote 37 On May 19, Niger and the United States announced that the countries “have reached a disengagement agreement to effect the withdrawal of U.S. forces” no later than September 15, 2024.Footnote 38 A senior U.S. defense official noted that the U.S. military is “very focused on . . .  ensuring that this withdrawal goes in as collegial and collaborative a manner as possible at the military to military level, because we know we're going to need the [Niger Armed Forces] and other components of the security services . . . , regardless of what our posture is. Because this is a region where there's quite a lot of terrorist activity.”Footnote 39 The departure of the U.S. military from Niger follows the withdrawal of French forces and the end of the EU Military Partnership Mission in Niger, both in December.Footnote 40 U.S. withdrawal from Niger marks the end of a decade-long counterterrorism strategy in West Africa.Footnote 41 The United States is now looking to move its operations elsewhere in the region and is reconsidering its approach.Footnote 42

References

1 U.S. Dep't of State Press Release, Military Coup d'Etat in Niger (Oct. 10, 2023), at https://www.state.gov/military-coup-detat-in-niger [https://perma.cc/6TLR-VFUC] [hereinafter Coup d'Etat in Niger].

2 See Rachel Chason & Dan Lamothe, Soldiers in Niger Claim President Is Ousted in Coup, Wash. Post (July 27, 2023), at https://www.washingtonpost.com/world/2023/07/26/niger-president-ousted-coup.

3 U.S. Dep't of State Press Release, Secretary Antony J. Blinken and New Zealand Nanaia Mahuta at a Joint Press Availability (July 26, 2023), at https://www.state.gov/secretary-antony-j-blinken-and-new-zealand-nanaia-mahuta-at-a-joint-press-availability [https://perma.cc/Z7Y7-C8DV].

4 White House Press Release, Statement from National Security Advisor Jake Sullivan on Developments in Niger (July 26, 2023), at https://www.whitehouse.gov/briefing-room/statements-releases/2023/07/26/statement-from-national-security-advisor-jake-sullivan-on-developments-in-niger [https://perma.cc/W4ZX-C7JN].

5 The act currently prohibits certain appropriations, with some exceptions, from “be[ing] obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by military coup d'etat or decree or . . . a coup d'etat or decree in which the military plays a decisive role.” Further Consolidated Appropriations Act, 2024, § 7008, Pub. L. 118-47 (Mar. 23, 2024). The prohibition (as applied to “any country”) dates to the foreign assistance appropriations act for fiscal year 1986. See Foreign Assistance and Related Programs Appropriations Act, 1986, § 513, Pub. L. 99-190, 99 Stat. 1291, 1305 (1985). It was based on an El Salvador-specific restriction that was enacted the prior year. See Foreign Assistance and Related Programs Appropriations Act, 1985, § 537, Pub. L. 98-473, 98 Stat. 1884, 1902 (1984). The appropriations implicated by Section 7008 are those pertaining to bilateral economic assistance, international security assistance, multilateral assistance, and export and investment assistance. They also apply to some Defense Department appropriations, such as those for the conduct of operations and capacity building. See 16 U.S.C. §§ 331(f), 333(d)(1). Certain appropriations are exempted under Section 7008 or other provisions, including those for democracy promotion, education, humanitarian assistance, and international narcotics control.

6 See Rachel Chason, Dan Lamothe & Michael Birnbaum, U.S. Seeks to Keep Troops in Niger After Key Ally Calls Their Presence Illegal, Wash. Post (Mar. 22, 2024), at https://www.washingtonpost.com/world/2024/03/22/niger-american-military-drone-base; Eric Schmitt, A Shadowy War's Newest Front: A Drone Base Rising From Saharan Dust, N.Y. Times (Apr. 22, 2018), at https://www.nytimes.com/2018/04/22/us/politics/drone-base-niger.html; Guy Martin, US Air Force Criticised Over Construction of Niger Air Base, DefenceWeb (Apr. 8, 2020), at https://www.defenceweb.co.za/featured/us-air-force-criticised-over-construction-of-niger-air-base.

7 U.S. Dep't of Defense Press Release, Australia-US Joint Press Conference Following the Australia-US Ministerial Consultations (AUSMIN) (July 29, 2023), at https://www.defense.gov/News/Transcripts/Transcript/Article/3476106/australia-us-joint-press-conference-following-the-australia-us-ministerial-cons [https://perma.cc/4RBC-V6PD].

8 See Coup d'Etat in Niger, supra note 1.

9 See White House Press Release, Letters to the Speaker of the House and President of the Senate on Intent to Terminate the Designation of the Central African Republic, the Gabonese Republic, Niger, and the Republic of Uganda as Beneficiary Sub-Saharan African Countries Under the African Growth and Opportunity Act (Oct. 30, 2023), at https://www.whitehouse.gov/briefing-room/presidential-actions/2023/10/30/letters-to-the-speaker-of-the-house-and-president-of-the-senate-on-intent-to-terminate-the-designation-of-the-central-african-republic-the-gabonese-republic-niger-and-the-republic-of-uganda-as-bene [https://perma.cc/5J8W-EPUX] [hereinafter AGOA Termination].

10 See Rachel Chason, Omar Hama Saley & Rachel Pannett, Niger Junta Announces End to Military Relationship with United States, Wash. Post (Mar. 17, 2024), at https://www.washingtonpost.com/world/2024/03/16/niger-junta-end-us-military.

11 See Chason, Lamothe & Birnbaum, supra note 6; Schmitt, supra note 6.

12 See U.S. Dep't of State Press Release, The United States and Niger: A Strategic Partnership (Mar. 16, 2023), at https://www.state.gov/the-united-states-and-niger-a-strategic-partnership [https://perma.cc/W44G-NU2W] [hereinafter U.S.-Niger Strategic Partnership].

13 See Eric Schmitt, Declan Walsh & Elian Peltier, Coup in Niger Upends U.S. Terrorism Fight and Could Open a Door for Russia, N.Y. Times (Aug. 16, 2023), at https://www.nytimes.com/2023/08/16/us/politics/niger-coup-terrorism-russia.html; How a C.I.A. Drone Base Grew in Niger's Desert, N.Y. Times (Sept. 10, 2018), at https://www.youtube.com/watch?v=14-JDZnhl0U; Rukmini Callimachiet, Helene Cooper, Eric Schmitt, Alan Blinder & Thomas Gibbons-Neff, “An Endless War”: Why 4 U.S. Soldiers Died in a Remote African Desert, N.Y. Times (Feb. 20, 2018), at https://www.nytimes.com/interactive/2018/02/17/world/africa/niger-ambush-american-soldiers.html; Abraham Mahshie, The Air Force in Africa, Air & Space Forces Mag. (Feb. 17, 2022), at https://www.airandspaceforces.com/article/the-air-force-in-africa.

14 See Natasha Bertrand & Oren Liebermann, Biden Administration Searching for Ways to Keep US Forces in Niger to Continue Anti-Terror Operations Despite Overthrowing of Government, CNN (Aug. 17, 2023), at https://www.cnn.com/2023/08/17/politics/niger-biden-administration-us-forces/index.html.

15 See Chason, Lamothe & Birnbaum, supra note 6.

16 See U.S. Dep't of State Press Release, Secretary Blinken's Travel to Ethiopia and Niger (Mar. 10, 2023), at https://www.state.gov/secretary-blinkens-travel-to-ethiopia-and-niger [https://perma.cc/H8AT-WUFV].

17 U.S. Dep't of State Press Release, Assistant Secretary for African Affairs Molly Phee on the Secretary's Upcoming Travel to Ethiopia and Niger (Mar. 10, 2023), at https://www.state.gov/assistant-secretary-for-african-affairs-molly-phee-on-the-secretarys-upcoming-travel-to-ethiopia-and-niger [https://perma.cc/BZ3H-WHV9].

18 See U.S.-Niger Strategic Partnership, supra note 12; Millenium Challenge Corp., Niger Compact, at https://www.mcc.gov/where-we-work/program/niger-compact [https://perma.cc/58ZM-K8KR]; Millenium Challenge Corp., Benin-Niger Regional Transport Compact, at https://www.mcc.gov/where-we-work/program/benin-niger-regional-compact [https://perma.cc/6K6A-A7JY].

19 See European Union External Action Press Release, Niger: Statement by High Representative Josep Borrell on the Latest Developments (July 29, 2023), at https://www.eeas.europa.eu/eeas/niger-statement-high-representative-josep-borrell-latest-developments_en?channel=eeas_press_alerts&date=2023-07-29 [https://perma.cc/3GCJ-VGDJ].

20 Fifty First Extraordinary Summit of the ECOWAS Authority of Heads of State and Government on the Political Situation in Niger – Final Communique, para. 10(f) (July 30, 2023), at https://ecowas.int/wp-content/uploads/2023/07/Final-Communique_ENG-2_230730_161029.pdf. Niger, Burkina Faso, and Mali announced their withdrawal from ECOWAS in January 2024. See Ruth Maclean, Three African Juntas Leave Regional Bloc, Accusing It of “Inhumane” Sanctions, N.Y. Times (Jan. 28, 2024), at https://www.nytimes.com/2024/01/28/world/africa/west-africa-junta-leave-ecowas.html.

21 See Nellie Peyton & Felix Onuah, African Union Suspends Niger Over Coup, Prepares Sanctions, Reuters (Aug. 22, 2023), at https://www.reuters.com/world/africa/african-union-suspends-niger-all-its-activities-following-coup-2023-08-22.

22 Shortly following the military takeover, the Department of Defense “suspended . . . [its] security cooperation and counterterrorism operations” in Niger. C. Todd Lopez, U.S. Says July Ouster of Niger's Government Was a Coup, U.S. Dep't of Defense News (Oct. 10, 2023), at https://www.defense.gov/News/News-Stories/Article/Article/3552918/us-says-july-ouster-of-nigers-government-was-a-coup [https://perma.cc/CE7W-8DXK]. In August, the United States had “temporarily paused certain foreign assistance . . . totaling nearly $200 million.” Coup d'Etat in Niger, supra note 1.

23 Coup d'Etat in Niger, supra note 1. Prior to the designation, the MCC paused and then suspended all assistance to Niger under the compacts. See Millenium Challenge Corp. Press Release, MCC Pauses Compact Activities in Niger (Aug. 24, 2023), at https://www.mcc.gov/news-and-events/release/pressstmt-082423-mcc-pauses-niger-activities [https://perma.cc/HS83-DYRH]; Millenium Challenge Corp. Press Release, MCC Board Suspends Assistance to Niger, Approves FY2024 Selection Criteria and Methodology Report (Sept. 13, 2023), at https://www.mcc.gov/news-and-events/release/release-091323-september-board-meeting [https://perma.cc/3PN7-9YM9]. The 2018 Compact was scheduled to end in January 2024, but the Benin-Niger Regional Transport Compact was just starting.

24 Coup d'Etat in Niger, supra note 1.

25 Id.

26 See AGOA Termination, supra note 9; see also White House Press Release, A Proclamation to Take Certain Actions Under the African Growth and Opportunity Act and for Other Purposes (Dec. 29, 2023), at https://www.whitehouse.gov/briefing-room/presidential-actions/2023/12/29/a-proclamation-to-take-certain-actions-under-the-african-growth-and-opportunity-act-and-for-other-purposes-2 [https://perma.cc/4YLF-ECYA].

27 See Arshad Mohammed & Humeyra Pamuk, Exclusive: U.S. Halts Nearly $160 Million Aid to Burkina Faso After Finding Military Coup Occurred, Reuters (Feb. 19, 2022), at https://www.reuters.com/world/africa/exclusive-us-halts-aid-burkina-faso-after-finding-military-coup-occurred-2022-02-18.

28 See U.S. Dep't of State Press Release, Briefing with Senior State Department Officials on the State Department's Assessment of Recent Events in Burma (Feb. 2, 2021), at https://www.state.gov/briefing-with-senior-state-department-officials-on-the-state-departments-assessment-of-recent-events-in-burma [https://perma.cc/H4Y8-UQDA].

29 See U.S. Dep't of State Press Release, Military Coup d'Etat in Gabon (Oct. 23, 2023), at https://www.state.gov/military-coup-detat-in-gabon [https://perma.cc/32NG-YHD7].

30 See U.S. Dep't of State Press Release, U.S. Relations with Guinea (Aug. 10, 2023), at https://www.state.gov/u-s-relations-with-guinea [https://perma.cc/FML7-E26Z].

31 See U.S. Dep't of State Press Release, On the Situation in Mali (May 26, 2021), at https://www.state.gov/on-the-situation-in-mali [https://perma.cc/F5TW-VHMN].

32 See U.S. Dep't of State Press Release, Department Press Briefing (Oct. 25, 2021), at https://www.state.gov/briefings/department-press-briefing-october-25-2021 [https://perma.cc/2YHT-44GU].

33 See Rachel Chason & Michael Birnbaum, U.S. Struggles for Influence in West Africa as Military Juntas Rise, Wash. Post (Feb. 25, 2024), at https://www.washingtonpost.com/world/2024/02/25/west-africa-sahel-military-junta; Elian Peltier & Eric Schmitt, After Niger Coup, U.S. Scrambles to Keep a Vital Air Base, N.Y. Times (Jan. 6, 2024), at https://www.nytimes.com/2024/01/06/world/africa/niger-us-air-base.html.

34 Chason & Birnbaum, supra note 33.

35 See U.S. Dep't of State Press Release, U.S. Officials Travel to Niger (Mar. 12, 2024), at https://www.state.gov/u-s-officials-travel-to-niger [https://perma.cc/KB28-8RUM]; see also Chason, Saley & Pannett, supra note 10; Michael R. Gordon, Gabriele Steinhauser, Laurence Norman & Michael M. Phillips, Niger Termination of U.S. Military Ties Followed Accusation of Iran Uranium Deal, Wall St. J. (Mar. 17, 2024), at https://www.wsj.com/world/africa/niger-once-key-u-s-counterterrorism-ally-ends-military-ties-7db66dbe.

36 See Chason, Lamothe & Birnbaum, supra note 6; Rachel Chason, U.S. Threats Led to Rupture of Vital Military Ties, Nigerien Leader Says, Wash. Post (May 14, 2024), at https://www.washingtonpost.com/world/2024/05/14/us-threats-led-rupture-vital-military-ties-nigerien-official-says.

37 Chason, Saley & Pannett, supra note 10.

38 U.S. Dep't of Defense Press Release, Joint Statement from the U.S. Department of Defense and the Department of National Defense of the Republic of Niger (May 19, 2024), at https://www.defense.gov/News/Releases/Release/Article/3780392/joint-statement-from-the-us-department-of-defense-and-the-department-of-nationa [https://perma.cc/9VFF-UGJZ]. In April 2024, the United States was also ordered to withdraw approximately seventy-five special forces personnel from Chad, but U.S. officials considered that their departure would likely be temporary. See Eric Schmitt, U.S. to Withdraw Troops from Chad, Dealing Another Blow to Africa Policy, N.Y. Times (Apr. 25, 2024), at https://www.nytimes.com/2024/04/25/us/politics/chad-us-troop-withdrawal.html.

39 U.S. Dep't of Defense Press Release, Senior Defense Official and Senior Military Official Hold a Background Briefing on Niger (May 19, 2024), at https://www.defense.gov/News/Transcripts/Transcript/Article/3780569/senior-defense-official-and-senior-military-official-hold-a-background-briefing [https://perma.cc/42C9-9RF2].

40 See Giorgio Leali, Niger Junta Revokes Military Pacts with France, Politico (Aug. 4, 2023), at https://www.politico.eu/article/niger-junta-amadou-abdramane-revokes-military-agreements-with-france; Elian Peltier & Aurelien Breeden, France to Withdraw Troops from Niger After Military Coup, N.Y. Times (Sept. 24, 2023), at https://www.nytimes.com/2023/09/24/world/africa/france-troops-ambassador-niger.html; European Council Press Release, EUMPM Niger: Council Decides Not to Extend the Mandate of the Mission (May 27, 2024), at https://www.consilium.europa.eu/en/press/press-releases/2024/05/27/eumpm-niger-council-decides-not-to-extend-the-mandate-of-the-mission [https://perma.cc/S2J4-Y65X].

41 See Eric Schmitt & Ruth Maclean, U.S. Confronts Failures as Terrorism Spreads in West Africa, N.Y. Times (June 7, 2024), at https://www.nytimes.com/2024/06/07/us/politics/us-terrorism-west-africa.html.

42 See Eric Schmitt, U.S. and Niger Announce Withdrawal of American Personnel by September, N.Y. Times (May 19, 2024), at https://www.nytimes.com/2024/05/19/us/politics/us-niger-military-withdrawal.html; Schmitt & Maclean, supra note 41.