South Sudan: Justice remains elusive, one year on
By Elizabeth Deng
December 16 2014 – A year after the outbreak of violence in Juba last December, hopes of accountability for abuses linked to the conflict remain distant. Despite repeated calls for justice, not a single person has been brought to book for the unknown number of civilian deaths, rampant sexual violence and recruitment of children into various armed forces. Nor has any concrete justice mechanism emerged to deter war criminals and human rights abusers from plunging the country deeper and deeper into chaos.
As a displaced man living in Juba told Amnesty International: “There is no justice in this country right now. That is why people feel they can kill anybody.”
Although the government of South Sudan set up inquiries into conflict-related crimes in the months after fighting erupted, none of these has resulted in independent, impartial investigations or accountability.
The military and the police service initiated investigations in December 2013, but their reports were never made public. The Ministry of Justice said it had not initiated investigations because no victims had come forth to complain.
South Sudan’s President Salva Kiir established an eight-member committee to investigate human rights abuses by government and opposition forces, which his administration touted to the international community as demonstrative of its commitment to accountability.
But a conflict of interest is clear.
This committee was appointed by the president and is mandated to report directly to him. It cannot therefore be considered an independent body. Its establishment also put a halt to any other accountability processes—explicit instructions were given to the military, the Ministry of Justice and the police to cease investigations and hand over any findings. During the first week of December this year, the committee finally submitted a report to the president, who holds exclusive power to decide whether to make it public or even share it with the Ministry of Justice.
In February, the military’s spokesperson announced the arrest of 100 individuals for conflict-related crimes, but they all escaped in March. Ensuing outrage expressed by some government officials was not matched with concerted efforts to ensure the individuals were re-apprehended. While two were re-arrested in October, there has been no announcement of specific charges against them or any indication of when and if they will face trial.
One year of peace talks has also failed to make hopes for accountability real. The Intergovernmental Authority on Development (IGAD) began mediating between the warring parties in December 2013 and, within a month, a cessation of hostilities agreement was signed. But it took until November for the parties to debate and reach consensus that a final peace agreement, if signed, should mandate the establishment of a justice mechanism to try crimes committed during the conflict. Implementation of this consensus will, however, not happen until the parties also agree on the structure of a transitional government and how to share power—a major sticking point in the ongoing negotiations.
On 7 November, IGAD gave the parties 15 days to conduct additional consultations, but the deadline has since passed and it is not clear when and if an agreement will be reached.
The United Nations Mission in South Sudan (UNMISS) has recommended that international assistance be provided to national justice processes, through setting up a special or hybrid court and securing outside help to pursue independent investigations. UN Secretary General Ban Ki-moon reiterated this recommendation in a May briefing to the Security Council. But the UN has since fallen silent on specific justice recommendations for South Sudan. UNMISS has not released any human rights reports since May, though the Security Council mandate requires it to “report publicly and regularly” on abuses and violations of international human rights and humanitarian law.
The best source of hope for the establishment of a credible justice mechanism lies with the African Union (AU)’s Commission of Inquiry on South Sudan. Only two weeks after fighting broke out last December, the AU’s Peace and Security Council called for the establishment of this Commission of Inquiry with a mandate to investigate human rights abuses and make recommendations on accountability, healing and reconciliation. But it took until March before its five members were sworn in.
In May, the Commission of Inquiry hinted it was “leaning towards the creation of a hybrid court to be established jointly by the AU and the UN should evidence disclose commission of international crimes.” It submitted its final report to the AU Commission in October and is awaiting endorsement by AU heads of state during their summit at the end of January 2015.
Impunity in South Sudan has fuelled further violence and encouraged disregard for international humanitarian law. Accountability could play an important role in deterring those think they can get away with attacking civilians, raping and recruiting children. Removing and prosecuting soldiers responsible for human rights abuses from the ranks and helping to inculcate an understanding of international humanitarian law are crucial to halting repeat of such abuses.
Investigations and reporting on human rights violations are critical—to this end, the reports of the AU Commission of Inquiry and President Kiir’s investigation committee should both be made public with urgency. UNMISS should ensure regular and public reporting on human rights issues, as required by its Security Council mandate.
But justice will remain elusive without the establishment of an internationally supported judicial mechanism that can conduct independent criminal investigations and bring perpetrators to account. This should not be put off until the conflict ends or pinned on hopes of a lasting peace agreement. In the meanwhile the fighting – and the impunity – will continue unabated.
*Elizabeth Deng is Amnesty International’s South Sudan Researcher.