Transitional Justice Beyond Criminal Trials. The case of South Sudan

      Аннотация: Since the Turko-Egyptian and Anglo-Egyptian colonialism to the Arab neocolonial rule in the Sudan, the history of South Sudan is entwined in blood and sufferings due to slavery and socio-economic political dehumanization. When South Sudanese took up arms in 1955 to 1972 and in 1983 to 2005 against the North Sudanese Arabs, the rebel leaders were entangled in power wrangles and ideological differences, resulting in more bloody conflicts within the region. In 2010 and 2013, again, due to power wrangles coupled with misgovernance of South Sudan, more blood has been flowing. All factional wars have been fought along ethnic lines. The social fabrics among the communities have been ripped apart. After the independence of South Sudan in 2011, no tangible policies put in place to address the bitter past. In South Sudan’s post-conflict era, prioritizing criminal justice alone will condemn South Sudanese into perpetual bitterness which would result in more wars. The author argues that South Sudan must utilize its own traditional justice mechanisms concurrently with the Truth Commission and other applicable transitional justice processes as was done in Rwanda, South Africa and other countries.

Ключевые слова: Civil War, criminal justice, Human Rights, peace, Reconciliation, Transitional Justice, traditional judicial mechanisms, Nation Building