Home | News    Saturday 15 October 2016

Human rights groups call for establishment of Hybrid Court in South Sudan

separation
increase
decrease
separation
separation

UN peacekeeper keeps watch inside a Protection of Civilians sites, in Juba as a UN Security Council delegation meets with the IDPs on 3 September 2016 (UNMISS Photo)
October 14, 2016 (JUBA) – International human rights bodies have called for establishment of a Hybrid Court in the war-ravaged South Sudan in accordance with the August 2015 peace deal and the resolution of the African Union, saying the ongoing fighting in the new country should not be used as an excuse to delay trials for those who have committed war crimes and crimes against humanity.

Amnesty International and the International Federation for Human Rights (FIDH) in a joint briefing on Thursday, said continued fighting in South Sudan which erupted again on 8 July must not derail justice for crimes committed during the deadly conflict that began in December 2013.

The organizations are calling on the African Union (AU) Commission and the South Sudan government to urgently establish the proposed Hybrid Court for South Sudan (HCSS).

“Thousands have been killed, women raped, entire villages destroyed, and humanitarian personnel attacked. But as world attention has focused on ending the fighting, accountability for violations that could amount to war crimes and crimes against humanity has been put on the back burner,” said Netsanet Belay, Amnesty International’s Africa Director for Research and Advocacy, in a statement extended to Sudan Tribune on Thursday.

“Justice must not be delayed any further. Fresh violations should give added impetus to efforts to form the Hybrid Court,” the statement said.

The peace agreement signed by both parties in August 2015 provides for the formation of the court to investigate and prosecute those bearing criminal responsibility for the atrocities, but little progress has been made towards setting it up.

They said the Hybrid Court – which will combine elements of both domestic and international law and be composed of personnel from South Sudan and abroad – currently represents the most viable option for ensuring accountability for crimes committed during the conflict, as well as for deterring further abuses.

In the briefing, the organizations make 17 recommendations to ensure the court effectively achieves accountability in accordance with international fair trial standards. The recommended priorities include: “Establishing an investigative branch to ensure evidence is collected and preserved in an appropriate manner; Establishing an independent victims and witness protection unit; Ensuring that victims’ rights to participate in the proceedings are guaranteed, the inclusion of South Sudanese judges and staff on the court and exclusion of the death penalty as a possible sentence.”

The human rights bodies also recommended that if security concerns prevent the court from being based in South Sudan, it should at least be located within the region.

They said the crimes should not go unpunished, adding that bringing the criminals to justice will help in ensuring sustainable peace in South Sudan.

“Atrocities endured by civilians in South Sudan, which the African Union has documented, must not go unpunished. The establishment of the Hybrid Court is necessary, not only to address human rights violations and abuses and crimes under international law, but also as a pillar to achieving sustainable peace,” said Arnold Tsunga, FIDH Vice President.

“The AU should build on its experience of the recent trial of former Chadian President Hissène Habré in Senegal to set up the Hybrid Court for South Sudan,” the statement said.

South Sudan became an independent country on 9 July 2011 after decades of war, lengthy negotiations and a referendum to secede from Sudan. Two and a half years later, in December 2013, armed conflict broke out between forces loyal to President Salva Kiir and those allied to his deputy, Riek Machar.

In August 2015, the two parties agreed a peace deal and later formed a transitional unity government with President Kiir at the helm and Machar as first of his two deputies.

Renewed fighting broke out on 8 July, 2016, with heavy clashes in the capital, Juba, and other parts of the country. Machar has since been replaced as First Vice President and fled the country after his residence was attacked.

About 2.6 million South Sudanese have fled their homes since the outbreak of fighting in 2013, with some 1.6 million internally displaced and another one million living as refugees in neighbouring countries.

(ST)

Comments on the Sudan Tribune website must abide by the following rules. Contravention of these rules will lead to the user losing their Sudan Tribune account with immediate effect.

- No inciting violence
- No inappropriate or offensive language
- No racism, tribalism or sectarianism
- No inappropriate or derogatory remarks
- No deviation from the topic of the article
- No advertising, spamming or links
- No incomprehensible comments

Due to the unprecedented amount of racist and offensive language on the site, Sudan Tribune tries to vet all comments on the site.

There is now also a limit of 400 words per comment. If you want to express yourself in more detail than this allows, please e-mail your comment as an article to comment@sudantribune.com

Kind regards,

The Sudan Tribune editorial team.
  • 15 October 2016 06:55, by Tilo

    AU, Human right watch, UN/SC and the international community at large, you always make allot of noise in your report in the media but nothing happened yet.... Days has gone, Weeks has passed, Months have come and a year is approaching. All we can here is bla, bla, bla, bla Zero action.
    Why can’t you just get the job done and put all the criminal behind bar.
    Action speaks louder the words

    repondre message

    • 15 October 2016 08:56, by Mopedi

      If SPLA-IO want hybrid court be established in South Sudan it’s seem they want the existence of Kiir’s regime in Juba, we want munitions to kick out the regime and establish a concrete South Sudanese court that will take care of the law and all the citizens.No need of this court aimed at addressing top govt officials, we want durable solution to our problem period.

      repondre message

Comment on this article


 
 

The following ads are provided by Google. SudanTribune has no authority on it.


Sudan Tribune

Promote your Page too

Latest Comments & Analysis


Ateny flip-flopping, where is his loyalty to President Kiir? 2017-01-15 07:57:11 By Chuor Deng Chuor The world knows that Ateny Wek Ateny is supposed to be the Press Secretary and official spokesperson of President Salva Kiir. but the reality of the matter is that Ateny has (...)

Obama’s promises and pledges for Darfur went unheeded with lifting sanctions 2017-01-15 06:43:31 By Mahmoud A. Suleiman Barak Obama's Lifting of Sanctions off the genocidal regime of the National Congress Party (NCP) in Sudan is based on weak, unconvincing, pretty flimsy excuses and very (...)

The Final Betrayal of Sudan: Partial Suspension of Sanction 2017-01-14 21:31:35 “The Final Betrayal of Sudan: Obama administration’s lifting of economic sanctions; UN Ambassador Samantha Power justifying the move, claiming a ‘sea change’ of improvement in humanitarian access” (...)


MORE






Latest Press Releases


Abduction of S. Sudan Chief Justice’s aide illegal, should be condemned 2017-01-16 05:27:50 FOR IMMEDIATE RELEASE 16th January 2015 Legal Watch Associates South Sudan has learned with shock and dismay the abduction of Mr Gama Thomas, an aide to the Chief Justice, Chan Reech Madut. (...)

Carter Center welcomes new regulations on humanitarian affairs 2017-01-12 07:53:16 The Carter Center ATLANTA, Januarg 11, 2017 – The Carter Center welcomes the recent regulations issued by the government of Sudan aimed at facilitating humanitarian relief throughout the country (...)

Nertiti massacre in Central Darfur exposes the criminal nature of Bashir’s regime 2017-01-03 11:54:47 Sudan Democracy First Group Nirtiti massacre in Central Darfur exposes the criminal nature of Bashir's regime 2 January 2017 On the first day of 2016, and only one day after President Bashir's (...)


MORE

Copyright © 2003-2017 SudanTribune - All rights reserved.