This paper discusses the legal framework of the traditional justice methods in several African countries, with a focus on South Sudan; the objective of customary law, the role of traditional courts or the forum of elders, and the methods of settlement of disputes. These methods of settlement of disputes are by-products of the practices, customs and traditions of the people that were devised as ways of maintaining peace and tranquillity, and thereby uphold the rule…
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CSRF Research Repository
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International, national and local political discourses often portray the Murle community as principal aggressors and the source of much of the instability affecting former Jonglei State in South Sudan. Although such negative stereotypes are partially driven by actual events, they are also manipulated by certain groups to serve political purposes and informed by the assumption that there is a lack of credible authority structure among the Murle. Changing Power Among Murle Chiefs investigates how Murle…
Since the start of South Sudan’s internal armed conflict in December 2013, hundreds of people, mostly men, have been detained under the authority of the National Security Service (NSS) and Military Intelligence Directorate in various detention facilities across the capital city, Juba and subjected to torture and other forms of ill-treatment. Others have been forcefully disappeared. Many of those who have been detained have been held under the category of “political detainees” on allegations that…
This article is a comparative analysis and it discusses the judicial independence in South Sudan and India. An authoritative attempt has been made in its preliminary part to shed light on the meaning of judicial independence and manner in which the term judiciary has been used in various contexts within the legal domains. The discussion focuses on at least most of the important aspects of judicial independence. The article laments on the notion of judiciary…
In its resolution 31/20 of 23 March 2016, the Human Rights Council established the Commission on Human Rights in South Sudan for a period of one year, and requested the Commission to, inter alia, monitor and report on the situation of human rights in South Sudan to make recommendations for its improvement, and to assess past reports on the situation of human rights since December 2013, in order to establish a factual basis for transitional…
This chapter argues that preventing mass atrocities in Africa requires addressing the root causes of conflicts. It focuses on the experience of Sudan–South Sudan, which is, in many ways, a microcosm of Africa. The chapter argues that a crisis of identity lies at the heart of conflicts in the two Sudans, reflecting their failure to manage diversity constructively. As in all such conflicts, the root cause is not the mere existence of differences, but the…
South Sudan’s Initial transitional justice planning processes sought to engage communities on roles and viabilities of local justice in supporting transitional justice initiatives and mechanisms prescribed in the August 2015 Agreement. Nonetheless, the planning processes hit a snag, when the conflict reignited in July 2016. The working paper pursues the discussion about the role that local and indigenous reconciliation and justice processes can play in current transitional justice discourses and contends that existing practices and…
This article examines the public authority of chiefs’ courts within the United Nations Mission in South Sudan (UNMISS) Protection of Civilians Sites (PoCs). After December 2013, UNMISS peacekeepers opened the gates of their bases to around 200,000 civilians fleeing war. This unintentionally created a legal and political anomaly. Over time, conflicts and crimes rose within the sites, and UNMISS improvised a form of administration. But while the internationals sought technical solutions, people displaced within the…
Governments in South Sudan have long built their authority on their ability to fashion changing regimes of revenge and compensation, war and peace. Governments’ capture of these regimes has resulted in the secularisation of compensation despite the ongoing spiritual consequences of lethal violence. This article explores these issues by focusing on the western Dinka of Greater Gogrial. In recent years, they have been closely linked to the highest levels of government through familial networks and…
This study asserts that women’s rights are far from being recognized in South Sudan despite its efforts to include the rights of women in the Transitional Constitution after its attainment of independence from Sudan in 2011. While the article acknowledges the traditional modernization theory and cultural sovereignty theory, it engages international human rights standards as its conceptual framework. Using documentary research methodology involving analysis of primary and secondary sources, the manuscript established that a plural…
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