Focusing on the peace talks process as a driver of change, this case study explores how women participated in and influenced processes of constitutional reform and transitional justice in the post-civil war political settlement, as well as the challenges and limitations of their activities. Following its independence in 2011 from Sudan, the 2013–2018 civil war in South Sudan devastated much of the country. The conflict was also characterised by both widespread targeting of civilians and…
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This chapter takes the ongoing conflict in South Sudan as a starting point for assessing the concept of transitional justice as such and its implementation in the country in particular. Following a brief description of the conflict and the peace processes, the author sheds light on the shortcomings of the established concept of transitional justice in the situation at hand. Then, the author outlines the alternate concept of transformational justice and takes a closer look…
The South Sudan peace agreement provides for transitional justice mechanisms aimed at fostering justice and reconciliation. They include the Commission for Truth, Reconciliation and Healing (CTRH) and the Hybrid Court for South Sudan (HCSS). Drawing on qualitative data obtained from interviews, document reviews, and archival research conducted between October 2019 and June 2020 in Addis Ababa, Kampala, and Nairobi, this study delves into the current transitional justice discourses in South Sudan with a particular focus…
Publication Summary The justice versus peace dichotomy or lack thereof has spawned both legal practice and international law literature for decades. As the debate pertains to the application of transitional justice specifically against the backdrop of mass political violence or civil wars, some jurists, legal practitioners and other scholars suggest that, on the one hand, justice and peace are mutually exclusive concepts. This implies that neither peace nor justice can be pursued without adversely impacting…
Addressing the legacies of mass human rights violations is a daunting task for any society emerging from conflict. The challenges are all the more complex in South Sudan, where people have struggled with civil wars, state repression, and developmental neglect for generations. With the current conflict, transitional justice – or the range of judicial and nonjudicial measures that countries emerging from a period of conflict or authoritarian rule use to address past human right violations…
Introduction This report presents the main findings of a justice landscape assessment that the Transitional Justice Working Group (TJWG) conducted between June and July 2020. In recent years, progress towards the Hybrid Court for South Sudan, as provided for in the September 2018 peace agreement, has stalled. Protracted delays in implementing the peace agreement, ongoing insecurity, and a lack of political will to address crimes committed during the conflict have all contributed to the political…
This report provides a coherent account of the historical, legal and practical realities of land, reparations and transitional justice in South Sudan. The first section describes the methodology and the demographic distribution of the respondents. A detailed statistical account of the respondents is provided in a table format. The nexus between land, reparations and transitional justice is then described, helping the reader to make sense of the interrelationship between the three areas. The second section…
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…
Abstract In recent years, the transitional justice framework has expanded to include a broader notion of transformative justice, which strives for socio-political reform in addition to legal accountability. Over the course of two civil wars, Sudan has grappled with various attempts at transition and transformation with mixed results. Though the 2005 Comprehensive Peace Agreement brought an end to decades of North–South conflict, South Sudan’s subsequent descent into civil war has been characterised by a flawed…
In 2013, Africa’s newest state, was on the brink of collapse. Internal armed conflict, serious human rights violations and a divided government led to the death or displacement of thousands of people. A 2015 peace agreement ended the conflict and created a range of transitional justice mechanisms to address the country’s past. None of these mechanisms are operational. Violence returned in 2016 necessitating a revitalised peace process. This report assesses South Sudanese citizens’ perceptions of…
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