South Sudan: One year since peace deal, justice still elusive for victims

Renewed violence underscores the urgency of bringing to account those responsible for crimes under international law committed during South Sudan's armed conflict, said Amnesty International and FIDH today, a year on from a faltering peace agreement.

The peace accord was signed on 17 August 2015 in the Ethiopian capital Addis Ababa. It requires the African Union (AU) to set up a hybrid court for South Sudan to investigate and prosecute individuals suspected of committing genocide, war crimes, and crimes against humanity since the conflict began in December 2013.

Since the agreement was signed, the AU and South Sudanese authorities have made little progress in setting up the court. In the meantime, hostilities have continued and recently escalated, further worsening the human rights situation for millions of South Sudanese people.

During and after the recent fighting between government and opposition armed forces, civilians were once again targets of killings, rapes and other forms of sexual violence, and their property was looted and destroyed.

The organizations reiterated that all those suspected of criminal responsibility for crimes under international law committed during South Sudan's armed conflict should be brought to justice in fair trials without recourse to death penalty.

They also called on the AU to ensure that the court complies with international fair trial standards, draws on best practices of other hybrid and ad hoc tribunals, includes South Sudanese nationals among its personnel, provides for the participation of victims at all stages of the proceedings and guarantees the protection of victims and witnesses.

Background

The African Union Commission of Inquiry on South Sudan (AUCISS) recommended in its final report published in September 2015 the creation of "an Africa-led, Africa-owned, Africa-resourced legal mechanism under the aegis of the African Union supported by the international community, particularly the United Nations to bring those with the greatest responsibility at the highest level to account." It added that, "Such a mechanism should include South Sudanese judges and lawyers."

The August 2015 Agreement on the Resolution of the Conflict in South Sudan (ARCSS) provided for the establishment of a Hybrid Court for South Sudan (HCSS) by the African Union Commission.

The heads of state and government of the AU Peace and Security Council (PSC) subsequently agreed to the establishment of the court. In a September 2015 Communiqué, the PSC requested the Chairperson of the AU Commission to "take all necessary steps towards the establishment of the HCSS, including providing broad guidelines relating to the location of the HCSS, its infrastructure, funding and enforcement mechanisms, the applicable jurisprudence, the number and composition of judges, privileges and immunities of Court personnel and any other related matters."

In his January 2016 report to the AU PSC, the Chair of the Joint Monitoring and Evaluation Commission, Festus Mogae, stated that delays in implementing other elements of the peace agreement should not delay establishment of the court. He called for the AU Commission to "ensure that the HCSS is established without further delay, in order to ensure the aspirations for justice and accountability contained in the Agreement are realized."

In a 5 August Communique, the Intergovernmental Authority on Development (IGAD) called for "an urgent in-depth independent investigation by the African Union on the fighting that took place in Juba to identify those responsible with a view of ensuring they are held responsible for their criminal acts." The AU PSC endorsed this call on 11 August.

Both Amnesty International and FIDH have repeatedly recommended the establishment of justice mechanisms in South Sudan, including the speedy establishment of a hybrid court to try those responsible for international crimes and to deter further violations of international human rights and humanitarian law in the country.