Professor Mohamed Ibrahim Khalil: A Scholar and Statesman Whose Legacy Will Endure

by Nasredeen Abdulbari

These days, a profound sorrow envelops Sudan and hangs over the Sudanese, brought on by the loss of countless lives and the ongoing suffering that weighs heavily on the Sudanese nation. This sorrow becomes even more overwhelming when one loses someone they knew closely or greatly admired.

On December 10, 2024, I felt the weight of this sorrow upon learning of the passing of Professor Mohamed Ibrahim Khalil, a towering figure in Sudanese academic, political, and public life.

My acquaintance with Professor Khalil began during my first year as a law student at the University of Khartoum, where his name and legacy loomed large, and grew closer years later, when I had the honor of co-authoring a book with him.

As a fresh student, I had only limited knowledge of the history of the School of Law, despite being well-versed in the University of Khartoum’s distinguished past. In my eagerness to learn, I delved into the history of the school and discovered the extraordinary contributions of its professors and alumni to Sudan’s social, political, and constitutional development. Among them, Professor Khalil’s name stood out—not only for his distinction as the first Sudanese Dean of the School of Law, succeeding Oxford graduate Elcana Tenenbaum—who served as the last non-Sudanese dean—but also for his influential role in shaping Sudan’s governance and political and constitutional history. His profile, prominently displayed during commencement days in the corridors of the school, together with those of other previous deans, highlighted his remarkable journey as a scholar, statesman, and politician, inspiring students, visitors, and aspiring lawyers alike.

He was one of the academics, who pioneered the path of engaging in politics and public service, a route later followed by many other University of Khartoum Law School deans and professors, who went on to serve as Ministers of Justice, Attorneys General, Chief Justices, and in other high-ranking governmental positions.

Born in Al-Masalma, Omdurman in 1920, Professor Khalil’s life epitomized academic and professional excellence. He initially pursued and completed his studies in science, working as a teacher before transitioning to law at the age of 30. He earned an LL.B. and subsequently obtained an LL.M. from the University of London. His career spanned academia, public service, and domestic and international legal practice.

Called to the bar in 1954, he practiced before Sudan’s High Court and Court of Appeal, specializing in civil and commercial law. He joined the Attorney General’s Chambers (Ministry of Justice) in 1958, serving first as Senior Legal Counsel and later advancing to the position of Deputy Attorney General. He contributed to transforming a nascent institution into a robust Attorney General’s Chambers, where he oversaw legislative drafting and arbitration on disputes involving Sudanese and international corporations, all while mentoring a generation of Sudanese legal professionals.

His academic contributions were significant: as the first Sudanese Dean of Law at the University of Khartoum, he greatly contributed to establishing the foundations for modern legal education in Sudan. Before his appointment as Dean of the School of Law, he taught corporate law at the University of Khartoum, while serving at the Ministry of Justice.

Professor Khalil began his active involvement in Sudanese politics following the October 1964 Revolution, which ushered in the country’s second democratic experiment (1964–1969). His political engagement was renewed during the establishment of the third democratic experiment (1985–1989). During these two significant democratic eras, Professor Khalil held several key positions, serving as Minister of Local Government, Minister of Justice, Minister of Foreign Affairs, and Speaker of Parliament. He stepped down from his position as Speaker and relocated to the United States, eventually settling in Columbia, Maryland, where he lived until his passing. He was neither driven by a desire for power nor inclined to pursue politics as a career; rather, his involvement in politics stemmed from his deep belief in and commitment to serving Sudan and contributing to the development of its legal and political institutions.

Professor Khalil’s career extended far beyond Sudan’s borders. From 1971 through 1976, he served as Dean and President of the Council for Islamic Legal Studies at Ahmadu Bello University in Nigeria, where he taught constitutional, commercial, and criminal law, while inspiring countless graduate students.

He then (from 1976 to 1985) served as Legal Counsel to the Kuwait Arab Development Fund, contributing to the negotiation and drafting of development loans and contracts across Africa, Asia, and the Middle East. He also provided legal expertise in arbitration disputes, ensuring fair resolutions for borrowing countries.

In the United States, he held distinguished roles as a scholar at the Woodrow Wilson International Center for Scholars, an Adjunct Scholar at the Middle East Institute, and a Peace Fellow at the United States Institute of Peace.

Over and above, between 1990 and 1991, Professor Khalil was appointed as a Special Consultant for the International Center for the Settlement of Investment Disputes (ICSID). He conducted a comprehensive survey of over 300 bilateral investment treaties between industrialized and developing nations, culminating in the publication of his report as an official World Bank document.

Professor Khalil was a prolific scholar, whose work spanned constitutional law, conflict resolution, and the intersection of religion and modernity. Among his notable contributions is “The Legal System of the Sudan,” published in The International and Comparative Law Quarterly (1971); and his chapter on “Sudan’s Constitutional Experiment: The Effect of Islamization on Democracy and Territorial Integrity,” which was published in a book on African constitutional experiments by the United States Institute of Peace and edited by Francis Deng, also a distinguished graduate of the School of Law, who was appointed as a teaching assistant, served later as Minister of State at the Ministry of Foreign Affairs, and went on to hold senior international positions within the United Nations.

His insights into Sudan’s civil war, captured in “Sudan’s Civil War: The Peace Process Before and Since Machakos” (co-authored with Deng), and his analysis of “Conflict Resolution in Africa” (Oxford University’s Journal of African Economies, 2000), highlight his commitment to addressing the region’s complex challenges.

Professor Khalil’s scholarship extended beyond Africa, reflecting a global perspective on legal and economic issues. His work on “OECD’s Multilateral Draft Agreement on Investment” (UN Economic Commission for Africa, 1998) and “Treatment of Foreign Investment in Bilateral Investment Treaties” (ICSID, 1992) demonstrates his expertise in international investment law, with the latter being translated into Japanese.

At certain stages of his academic career, he explored legal reform in Nigeria and the role of Islamic institutions, publishing articles like “Wali al-Mazalim or the Muslim Ombudsman” (1976) and “Criminal Law Reform in Nigeria” (1975). Through his extensive publications, including his article “Islam and the Challenges of Modernity” (Georgetown University’s Journal of International Affairs, 2004), Khalil left an enduring intellectual legacy, deeply rooted in the pursuit of justice and understanding across cultures.

His extensive academic contributions also included insightful works on Sudan’s legal and political systems, as well as broader issues of law and modernity. Among these is his paper, “The Sudan Legal System and Problems of Law Reform,” originally presented on the 25th anniversary of passing of Mohamed Ahmed Mahjoub, another distinguished University of Khartoum Law School alumnus, who held prominent positions in Sudanese politics, serving first as Minister of Foreign Affairs and later as Prime Minister. Professor Khalil’s work on Sudan’s legal system and law and modernity reflects his deep engagement with Sudanese legal history and his vision for its reform. His paper “A Choice between Co-existence in One Country and Friendly Neighborhood,” presented at the Fourth Consultation Session organized by the African Renaissance Institute and The Relationships Foundation International in East Sussex, explores the delicate balance between unity and peaceful separation in the context of Sudan’s complex political landscape.

In addition, Professor Khalil’s scholarship addresses pressing international legal challenges, exemplified by his paper, “Legal Systems of Present-day Muslim Countries: Exegetical Methodology and the Challenges of Modernity.” Presented at a 2002 roundtable on “The Role of Law in the Development of Afghanistan,” convened by the International Law Development Organization in Rome. This unpublished paper reflects his commitment to exploring the intersection of Islamic law and modern governance. Alongside his published contributions, it highlights his profound intellectual legacy, marked by a unique ability to address national and global issues with depth, clarity, and foresight.

I was privileged to work closely with Professor Khalil when we co-authored “The Future Constitution of Sudan: Aspirations and Views” in 2012. Collaborating with him was both a profound learning experience and an opportunity to witness his personal qualities—his humility, openness to new ideas, and his remarkable ability to listen. Despite his vast knowledge and experience, he remained a lifelong learner, who valued the perspectives of others.

Even in his later years, he maintained relationships, offering advice, honoring social norms, and fulfilling personal obligations. When I was appointed Minister of Justice in 2019, he graciously called to share his wisdom, just as he had reached out to offer condolences when my mother passed away in January 2020, in a compassionate gesture that reflected his kindness and noble values.

Incredibly, Professor Khalil remained intellectually active well into his centenary. At the age of 101, he published his final major work, “Why South Sudan Seceded” (2021), which critically examines the historical, political, and legal factors behind South Sudan’s secession.

His dedication to scholarship, even in his final years, was a testament to his lifelong commitment to understanding and addressing Sudan’s most pressing challenges and drawing lessons and insights from them.

Professor Khalil’s legacy is also enshrined in the institutions he built and the generations he mentored. Through his law firm, “Prof. Mohamed Ibrahim Khalil & Associates: The Bureau of Business & Investment Law,” he continued to provide legal expertise upon returning to Sudan for some years and thereby contributed to the development of the legal and investment sectors.

His unwavering integrity and dedication to work and justice inspired all who knew him. His intellectual contributions and moral example will continue to guide Sudanese legal and political thought for generations to come.

Professor khalil will be remembered for his profound contributions to the legal profession; his role in shaping democratic governance; his mentorship of generations of legal practitioners and scholars; and his humbleness, geniality, and nobility.

His passing marks the end of a remarkable, eventful, and productive life, but his impact will endure through the intellectual contributions he made, the institutions he built, and the lives he touched. For those of us who were fortunate enough to learn from or work with him, the best way to keep his legacy alive is to try and live up to his personal traits and follow in his footsteps.

Professor Khalil was an example of an accomplished scholar, a scrupulous politician, and a visionary statesman. May his sole rest in eternal peace.

Nasredeen Abdulbari (LLM, Harvard; SJD, Georgetown) is a nonresident senior fellow at the Atlantic Council’s Middle East Programs and a senior peace fellow with the Public International Law & Policy Group (PILPG). He is a former lecturer at the University of Khartoum and served as Sudan’s Minister of Justice.