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Traditional Justice Methods and Their Possible Impact on Transitional Justice Models in South Sudan

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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…

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Changing Power Among Murle Chiefs: Negotiating political, military and spiritual authority in Boma State, South Sudan

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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…

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A Trail of Broken Promises: Detention, torture and other ill-treatment by the national security service and military intelligence directorate in Juba, South Sudan continues

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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…

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Comparative Analysis of Judicial Independence in South Sudan and India

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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…

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Report of the Commission on Human Rights in South Sudan (A/HRC/37/CRP.2)

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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…

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Preventing Mass Atrocities in Africa: The Case of the Two Sudans

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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…

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Exploring Linkages of Traditional and Formal Mechanism of Justice and Reconciliation in South Sudan

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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…

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Community Security and Justice under United Nations Governance: Lessons from Chiefs’ Courts in South Sudan’s Protection of Civilians Sites

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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…

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“The dead are just to drink from”: recycling ideas of revenge amongst the western Dinka, South Sudan

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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…

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Women’s Rights in Jeopardy: The Case of War-Torn South Sudan

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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…

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Shrinking Civil Society Space in the Horn of Africa

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This report gives an overview of the legal frameworks pertaining to the regulation of civil society organizations (CSOs) in the greater Horn of Africa, ongoing political and economic transformation, as well as the increasing tension and dynamism between governments and CSOs. It focuses deliberately on the shortcomings affecting the growth and contributions of the NGO…

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How the AU can promote transitional justice in South Sudan

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The African Union is mandated to help South Sudan to ensure accountability for past human rights abuses through the establishment of a hybrid court. This mandate is derived from the Agreement for the Resolution of Conflict in South Sudan, signed in 2015. The agreement also makes provision for a Commission for Truth, Reconciliation and Healing…

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“Do not remain silent”: Survivors of Sexual violence in South Sudan call for justice and reparations

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“Do not remain silent”: Survivors of Sexual violence in South Sudan call for justice and reparations, reveals aggravated acts of sexual violence against thousands of people across the country since hostilities began in December 2013. The report is the result of a joint research project between Amnesty International and 10 South Sudanese human rights defenders.…

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The Importance of Judicial Independence to the Administration of Justice: The Case of South Sudan

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We live in an era where the need to ensure proper administration of justice has never been so imperative. However, the fulfilment of this desire, as an aspiration of every citizen, depends largely on the competence, independence, and integrity of judges as the custodians of the laws. This brief discusses the significance of judicial independence…

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Poisoning at the periphery: allocating responsibility across the Uganda/South Sudan borderlands

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This paper presents ethnographic evidence from three sites across the Uganda/South Sudan borderlands. At each location, procedures to identify alleged poisoners were documented. Novel voting processes were initiated by hybrid local authorities. Addressing widespread anxiety about proximate wrong-doing seemed to promote order locally. In this paper, we discuss similarities between locations and review what constitutes…

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The State of the South Sudanese National Unity

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This paper discusses the state of South Sudan’s national unity. Our insights are based on interviews conducted with the members of parliament, representatives of women and youth, civil society organizations, intellectuals, and representatives of political parties residing in Juba, South Sudan. Most of the respondents look at national unity as a sense of common purpose,…

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Negotiating Justice: Courts as Local Civil Authority During the Conflict in South Sudan

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This paper is based on findings from more than 600 observations of customary and statutory courts by twenty South Sudanese researchers for the Justice and Security Research Programme (JSRP) from July 2015-July 2016. It identifies key issues for further deliberation based on research in the towns of Nimule, Torit, Rumbek, Yambio, Yei, Wau, and surrounding…

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Perceptions of Transitional Justice in South Sudan

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This report investigates people’s perceptions and experiences of truth, justice and reconciliation in relation to the past and present conflicts in South Sudan. The main data-collection was undertaken by means of a survey, for which 1,912 respondents were interviewed in November and early December 2015 in Juba town, Juba Protection of Civilian site (POC), Wau town and Bentiu POC. Qualitative information was gathered during subsequent interviews and workshops aimed at sharing, fine-tuning and verification of findings.

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CSRF SOUTH SUDAN