Jury Holds BNP Paribas Liable for Atrocities in Sudan, Awards $20.75M

A federal jury in New York has found that French banking giant BNP Paribas played a significant role in supporting the regime of former Sudanese leader Omar al-Bashir, leading to a verdict that holds the bank liable for atrocities committed during his rule. The eight-member jury awarded $20.75 million to three Sudanese plaintiffs who now reside in the United States, after hearing harrowing accounts of violence inflicted by Sudanese soldiers and the notorious government-affiliated militia, known as the Janjaweed.

The trial concluded on March 1, 2024, following testimony from the plaintiffs, including Entesar Osman Kasher, who detailed experiences of torture, burns, and sexual assault. Kasher stated, “I have no relatives left,” highlighting the personal toll of the violence that swept through Sudan during the early 2000s.

The jury’s decision centered on whether BNP Paribas’s financial services were a direct cause of the harm suffered by survivors of the ethnic cleansing and mass violence in Sudan. According to the plaintiffs, the bank’s operations allowed the Sudanese government to maintain its export activities, significantly funding its violent campaign.

The plaintiffs’ attorney, Bobby DiCello, characterized the verdict as a “victory for justice and accountability.” He emphasized that financial institutions cannot ignore the consequences of their actions, stating, “Our clients lost everything to a campaign of destruction fueled by US dollars.”

In defense, BNP Paribas argued that its operations in Sudan, which lasted from the late 1990s until 2009, were legal and that there was no direct connection between the bank’s actions and the violations suffered by the plaintiffs. Defense attorney Dani James contended that the bank had no knowledge of the human rights abuses occurring at that time, and that the plaintiffs would have faced their injuries regardless of the bank’s involvement.

The trial, overseen by US District Judge Alvin Hellerstein, followed a previous ruling where a request by BNP Paribas to dismiss the case was denied. Hellerstein noted the existence of facts suggesting a link between the bank’s services and the abuses perpetrated by the Sudanese government.

This ruling comes as BNP Paribas has faced scrutiny over its past dealings. In 2014, the bank entered a plea agreement and paid a record $8.97 billion in penalties to settle U.S. charges related to its financial transactions with Sudan, Iran, and Cuba, which were under economic sanctions. The U.S. government designated the conflict in Sudan as genocide in 2004, with estimates from the United Nations indicating that the violence resulted in approximately 300,000 deaths and displaced 2.5 million people between 2002 and 2008.

Al-Bashir, who ruled Sudan for three decades, was ousted in April 2019 and is currently wanted by the International Criminal Court for genocide charges. Following his removal, Sudan experienced a brief period of power-sharing between military leaders and civilians, but this arrangement collapsed in October 2021 when a military coup led by General Abdel Fattah al-Burhan and Rapid Support Forces commander Mohamed Hamdan “Hemedti” Dagalo took place. In April 2023, renewed fighting erupted between these factions, with accusations of war crimes surfacing from both sides.

As this case progresses, the implications for financial institutions involved in regimes accused of human rights violations could be significant, potentially reshaping how banks assess their international operations and responsibilities.