Home | News    Saturday 16 December 2017

Rights group calls to establish S. Sudan hybrid court, pointing to possible ICC referral


December 15, 2017 (JUBA) - The Human Rights Watch has called on the African Union to establish a hybrid court to prosecute war crime committed in South Sudan since 2013 pointing that the International Criminal Court can deal with the situation if government continue to obstruct it.

In a statement released on Friday, the right group disclosed that South Sudanese government officials are opposed to the court which part of the peace agreement signed since more than two years ago in August 2015.

It further revealed the names of key officials who are opposed to the hybrid tribunal, including Information Minister, Michael Makuei - against whom the US brought sanctions in September for undermining the peace process -, Cabinet Affairs Minister, Martin Elia Lomuro; and Defence Minister, Kuol Manyang

"Under the August 2015 agreement, the AU Commission has the authority to establish the court with or without the engagement of the South Sudanese government. If the transitional government continues to ignore its responsibilities under Chapter V of the peace agreement, the AU should proceed with the court on its own," Human Rights Watch said.

In line with the peace agreement, a hybrid court should establish a court consisting of South Sudanese and other African judges to investigate and try those responsible for grave abuses since 2013.

Also, the AU Commission of Inquiry on South Sudan (AUCoISS) found that the warring parties committed grave human rights abuses and war crimes.

The HRW pointed to the principle of complementarity on which the International Criminal Court (ICC) is based saying the failure to establish this hybrid this court open the way for United National Security Council to refer the case to the war crimes court.

"If a credible, fair, and independent hybrid court does not progress, the option of the International Criminal Court (ICC) remains and should be pursued," Human Rights Watch said.

Mausi Segun Africa director at Human Rights Watch went to say that the African Union can consider targeted sanctions against anyone responsible for obstruction.

“If the leaders won’t stand by the victims of atrocities, the African Union should step up and show it won’t abandon this precedent-setting plan for accountability in one of the continent’s worst human rights crises.”


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  • 16 December 2017 11:51, by Ayuiu Makuac Lam

    To establishe hybrid Court for what and to who?

    repondre message

    • 16 December 2017 12:15, by jubaone

      Just go over the article once, twice or more times till you understand it. Those whether in IO, IG or other accused persons who intentionally or otherwise killed, raped or caused such crimes that warrants arrest must face justice. Only then can SS go ahead.

      repondre message

      • 16 December 2017 14:58, by Majesty

        Let’s not put a cart before the horse, stopping war is the priority, rest can wait. And even if said justice is implemented true culprits such as Kiir Mayar and Riek Machar will never be held responsible and for individuals like myself, that’s finding justice on injustice, it will never be implemented whether entire China, Russia or American armies are brought to South Sudan to implement

        repondre message

        • 16 December 2017 18:08, by jubaone

          I understand your despondency and frustration to get all those that committed crimes against innocent civilians indicted. How else can justice come to our people who desperately deserve that as enshrined in our court of arms? SS lives matter and criminals in IO/IG must face justice, otherwise we will have to avenge for all that died innocently.

          repondre message

          • 16 December 2017 20:42, by Majesty

            Take it from me directly I’m not one of your average lowlife South Sudanese who just run his mouth. You will never see Gen. Deng Wol in any court unless Gen.Kiir or Riek were first there. No, a "despondency" person is an incompetent person like Pres Kiir who doesn’t know what to say or want. I know exactly what I want, say or will happen.

            repondre message

            • 16 December 2017 20:53, by Majesty

              ... with that I’m sure you’re not taking eyes off from my point: True culprits Kiir and Riek must face justice or else all is a waste.

              repondre message

    • 16 December 2017 15:26, by The Rhino

      Makuac Lam,

      Either you’re totally dumb,retarded or misinformed.The Hybrid Court will be established slowly but surely come the right time,to prosecute you(If you’re one of the perpetrators who had committed gruesome atrocities against the people of South Sudan)or those blood thirsty drunkards at the top of the government.No one will escape Justice and Accountability.You must be brought to Court..

      repondre message

      • 16 December 2017 15:35, by The Rhino

        ..prosecuted and sentenced either to live imprisonment or death through hanging by the neck until death.You can’t kill that big number of innocent people and just walk away without punishment,NO NO NO...you’ll pay for your actions....accept the charges or kill yourself before the verdict,full stop!!!

        repondre message

  • 16 December 2017 13:52, by Ayuiu Makuac Lam

    We are not work according to what article says.
    Hybrid court is there to be establish to trial tergated individual who doesn’t participated in the conflict. Yes I know hybrid Court is dedicated to those created unrest in South Sudan but will never work accordingly.

    repondre message

  • 16 December 2017 14:28, by Pancakrac

    @Ayiu Makuec , we must stop this barbaric comment concern with the crimes that were committed in Juba and the entire South Sudan should not be taken as a joke. The best way to handle this case is to refer this cases to ICC due to mistrust from Government.

    repondre message

  • 16 December 2017 14:45, by Eastern

    I love it! Michael Makuei should be dragged to the ICC.....He was used to communicate to the world Kiir’s and he zealously executed the role; now the chicken has come to roost. Good riddance!

    repondre message

  • 16 December 2017 20:00, by Fair Man

    Dear All
    Don’t worry about Makuach’s ignorance. Should either Kiir, Makuei Lueth, Machar or Lomoro refuse the Court, plan be will work out. Planned assassination through either domestic or international plane flight crashes, car crash or any poisoning accidents in Juba and beyond can finish them one by one. Unless they choose not tour states or attend world conferences. No sinning to kill a killer

    repondre message

  • 16 December 2017 23:33, by Kush Natives

    You see how these stupid confused elements Are! Hybrid court should be established after the conflict ended, that way the country calm or peace achieved. To me, it look like ICC is opening an another frontline out there to fight the government of South Sudan. Where in the world will such an stupid system work? This organization MUST be honest and adhere to its mandate!

    repondre message

  • 17 December 2017 22:03, by Masiah

    Let them implement peace first then straight to Court, if not about innocence civil we shouldn’t even worry about peace beacuse the country every day is falling apart. Government is the one even desperate of peace because they ran out of Cash and all the world eyes on them to see what next.

    repondre message

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