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Introduction

Transitional Justice Mechanisms, including the establishment of a Hybrid Court for South Sudan (HCSS), were incorporated as part of the September 2018 Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS). Chapter Five of the R-ARCSS was a blueprint for the state to deal with its past, address impunity, and to foster state stability and peace. However, the political and military elites continue to resist the establishment of the HCSS because they do not want to establish a court that could potentially hold them accountable for human rights violations and crimes against humanity. Therefore, it remains imperative that key stakeholders need to engage the political leaders to agree on what other options can be explored to promote transitional justice and to ensure that peace and reconciliation processes are operationalised in the country. This article will argue that in the absence of the implementation of the alternative mechanisms of transitional justice on truth-telling and reparations, societal instability will continue to persist and the state could potentially disintegrate.

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