The prospects of accountability for international crimes in South Sudan

Abstract

This study examines the prospects for accountability for international crimes committed in South Sudan since the civil conflict began in December 2013 and resulted in the deaths of at least 400,000 people and displacement of 2.24 million people by September 2018. It argues that both government and opposition forces have committed serious crimes under international law. It claims that since the start of the civil war, the Government of South Sudan has allowed impunity for international crimes to flourish by pursuing only the Terrain case. The study further argues South Sudan has neglected to investigate, prosecute, and punish suspects of international crimes. It also crippled the current judicial system to the extent that it cannot provide justice to victims of the civil war due to a severe lack of independence and political interference. This not only shows the lack of political will to address the critical issue of accountability for international crimes, but it feeds impunity and undermines South Sudan's ability to meet its international obligations. It also shows a total disregard for the victims' rights to truth, justice, and reparations. For this reason, this study focuses on the Hybrid Court of South Sudan (HCSS) as one of the accountability measures envisioned to be established under Chapter 5 of the R-ARCSS. The study argues that in the absence of an independent, impartial, and competent judicial system in South Sudan, the HCSS remains the only meaningful and effective alternative justice mechanism to address the plight of the victims of the civil war. The study thus looks at how it could be utilized to ensure that South Sudan adheres to its international obligations. If the HCSS is not established, the study proposes the establishment of an Adhoc court by the African Union and the United Nations.