Home | Comment & Analysis    Saturday 5 November 2016

The Relationships: UNMISS, Kenya, and South Sudan

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By Steve Paterno

I have already made an obvious indictment of UNMISS peacekeeping colossal failures in its operations in South Sudan on this live TV interview : https://www.youtube.com/watch?v=vgpYNe9JEQc. I don’t want to any more indulge about it in this piece. Since the peacekeepers in South Sudan cannot be able to protect themselves, one wonders how they are even mandated to protect civilians. So, for the world body to scapegoating a decorated Kenyan commanding officer, Gen. Johnson Mogoa Kimani Ondieki for the peacekeeping failures, one can conclude that the Kenya government responds to disengage from such unsuccessful operations is appropriate measures. Kenya as a neighbor of South Sudan is in a better place to deal with South Sudan on bilateral terms than getting entangle in international conspiracy against the region.

Since this is my take, in this case, the focus of this piece is on the issue of deportation from Kenya to South Sudan and subsequent arrest of James Gatdet Dak. James Gatdet Dak took up arms to violently remove the government of South Sudan and since then he has became a mouthpiece of violence, operating from foreign lands on behalf of the armed opposition loyal to the South Sudan rebel leader, Dr. Riek Machar. Such treasonous act provides millions of justifiable legal reasons against James Gatdet Dak, but one incident alone if pursued under a competent court can put the fellow out for good.

On July 8th, 2016, just minutes when the firefight ensued at the Presidential Place in Juba, between the bodyguards of President Salva Kiir and those of First Vice President Riek Machar, in an apparent palace coup, James Gatdet Dak posted on his Face Book account an incited and incendiary message, which was quickly shared around and greatly contributed to the fateful events that saw Juba rocked in fire, with much destruction and unnecessary death. The scripted inciting message was posted as follows:

Breaking News!
Fighting erupted inside J1, President Salva Kiir PLACE in national capital, Juba. The President and his commanders attempted to arrest the First Vice President, Dr. Riek Machar Teny. This came after the President called for the meeting of Presidency in his office with Dr. Machar and Vice President James Wani Igga. This turned out to be a setup to arrest and possibly harm Dr. Machar. Fortunately, Dr. Machar bodyguards have managed to fight vigorously and rescued Dr. Machar. He is now safe! Meanwhile, fighting has continued.

As the events unfolded and truth began to emerge, James Gatdet Dak ended up taking down his inciting posting from Face Book. Nevertheless, it was too little too late, because the damage was already done as the firefights continued for the next three following days, resulting into destruction, displacement, death, and Dr. Riek Machar tactically withdrawing away from Juba, with clear intent to launch attacks in taking over the capital. Now, under South Sudan Transitional Constitution 2011, James Gatdet Dak has committed treason. The article 4 (1) stipulates, “Any person or group of persons who attempts to overthrow the constitutional government, or suspend or abrogate this Constitution commits treason.” Therefore, James Gatdet Dak commitment of treason is beyond reasonable doubt.

Then, there is an issue of James Gatdet Dak being an American citizen and for that others argue that he must be rescued by the Americans. Being an American is actually a more legal liability to James Gatdet Dak. According to American law, cited as the Neutrality Act of 1794, it is illegal for an American to wage war against any country at peace with the United States. The Act evidently states in part, “If any person shall within the territory or jurisdiction of the United States begin or set on foot or provide or prepare the means for any military expedition or enterprise...against the territory or dominions of any foreign prince or state of whom the United States was at peace that person would be guilty...”
Since then, this Act has been amended several times, and the relevant applicable precedent occurred in 2015, when an attempted coup in the tiney African country of Gambia was thwarted and the co-conspirators of the coup who were either duel USA citizens or residence ended up being charged for violating the Neutrality Act of 1794 through American courts.

So, if James Gatdet Dak survives the legal scrutiny in accordance with South Sudan penal code, one wonders if he could survive the one of his adoptive country, the USA. Perhaps, it is advisable for the South Sudan government to pursue such legal matters with the USA so as to indict all those South Sudanese Americans who are waging arms war to violently remove the government of South Sudan.



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  • 5 November 07:35, by jur_likang_a_ likan’g

    Steve, you are just a mouthpiece of Dinka supremacist government in Juba. You have no regard to badly South Sudan is governed. What matters to you is being in the payroll of Jieng Council Elders. You do not care the rape, maiming and killing of South Sudanese specifically Nuer, Shilluk and now Equatorians. Probably what matters to you is when Torit is in flames by Jenge then you will understand.

    repondre message

    • 5 November 22:33, by Mr Point

      When you see Steve Paterno is the author you are guaranteed that the article will be illogical, ill conceived and badly executed as a piece demonstrating almost complete ignorance of politics.

      repondre message

    • 7 November 10:36, by Akuma

      Jur,

      Though Steve had become Mouthpiece of DInka, he has right to articulate all what happen in J1 and James Gatdet Dak is the first people who incited violent. He must face treason and it will not be like Majak, Pagan and rest treason charges anymore. He is a criminal and must treason in South Sudan and US as well.

      repondre message

  • 5 November 16:29, by South Sudan for all 64 tribes

    Dear Steve,

    You have always faulted in many of your analyses or opinion pieces on the fundamental question facing South Sudan. You tend to be reactionary in your writings which in my view deal with petty issues similar to those discussed by rumour mongers along streets. Our major problem is the unsettled political settlement.

    repondre message

  • 5 November 16:34, by South Sudan for all 64 tribes

    Most of those you are accusing of waging wars against the Jieng/Dinka government including James Gadet are mere victims resisting the brutal nature the said government is trying to enforce their ethno-centric dominance. It is a matter of being wiped out or chased away from your ancestral lands, a matter of resisting your sisters, mothers being raped, a matter of having your rights as citizens.

    repondre message

  • 5 November 16:39, by South Sudan for all 64 tribes

    to be sincere, these people are paying the greatest price for the unity of the country not like some of you working for the supremacy of one tribe and filling your pockets. Remember, with all the other tribes up in arms, the struggle will finally be won and it will be a great shame to some of you when we will have a country where all citizens will be treated equally.

    repondre message

  • 6 November 00:25, by Philosopherking

    No this food worriror fighting for food again! You are talking abut constitution? What constitution? Kiir himself raped the constitution to allow himself to create more states; isn’t this treason? What is the use of constitution when it does not create the conditions for nation building? Most importantly, the constitution you talked about was rendered null and void by the agreement

    repondre message

    • 6 November 00:30, by Philosopherking

      The thieves and murders in juba are always fighting the media and stopping outlets from reporting the truth. here is steve singlehandedly on behalf of the JCE thieves using media as a trial platform! James Gadet Dak has nothing to do with your failures. If over 50% of the population does not trust the government with their lives, that government is illegitimate! no government no treason!

      repondre message

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