Activists and scholars are seeking to end famine by promoting international legal accountability for starvation. This article deepens our understanding of the relationship between the politics of famine and law by observing the ongoing prevalence and power of legal norms and institutions during times of famine. It reveals the widespread use of hunger courts in famine-prone South Sudan and their role in legally enforcing social networks that provide for the most vulnerable. Based on analysis…
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CSRF Research Repository
The CSRF Research Repository aims to support greater contextual knowledge for policy makers, programme managers, and implementers by providing a searchable repository of research, analysis, and resources, and providing periodic updates on new research and analysis.
It is seven years since the first peace deal was signed in South Sudan and with it a commitment made to set up a African Union-backed up Hybrid Court for South Sudan (HCSS) to investigate and prosecute war crimes and other human rights violations committed in the conflict since 2011. But the creation of the HCSS has been delayed. The establishment of the HCSS is an opportunity for the AU to demonstrate African leadership on…
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…
This memo summarises research on security and justice from CRP’s five sites – DRC, Iraq, Somalia, South Sudan, and Syria – plus additional research on Sudan. Findings suggests that standard strategies for security and justice reform are routinely undermined by the dynamics of conflict. Security Sector Reform (SSR) and Disarmament, Demobilisation, and Reintegration (DDR) policies often end up providing a mechanism through which different factions engaged in conflict can compete for funding, status, and participation…
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…
This article draws on empirical data collected in Yei River County, South Sudan, to contribute to debates on hybrid governance in Africa. Current literature offers a limited understanding of the practical workings of hybridity, and particularly of whether and under what circumstances hybridity may meet the interests and solve the problems of citizens. This article discusses how subsequent historical attempts at state-building have left a complex and layered governance system and analyses how this system…
The High Court of Kenya recently handed down a decision that reinforces the role of courts to protect the constitution against executive overreaches. To constitutional lawyers and academics, the decision is a triumph for constitutionalism and the rule of law. In this piece, we discuss lessons that may be drawn from the decision for constitutional consolidation (or amendment) and the role of courts in South Sudan. One lesson is that courts, as custodians of the…
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…
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