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The prospects of accountability for international crimes in South Sudan

Mini Dissertation (LLM (Human Rights and Democratization in Africa))--University of Pretoria, 2021.

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Other Authors: Ogendi, Paul
Format: Thesis
Language:English
Published: University of Pretoria 2021
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access_status_str Open Access
author2 Ogendi, Paul
author_browse Ogendi, Paul
author_facet Ogendi, Paul
collection Thesis
dc_rights_str_mv © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Mini Dissertation (LLM (Human Rights and Democratization in Africa))--University of Pretoria, 2021.
format Thesis
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institution University of Pretoria (South Africa)
language English
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license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2021
publishDateRange 2021
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publisher University of Pretoria
publisherStr University of Pretoria
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spelling oai:repository.up.ac.za:2263/82797 The prospects of accountability for international crimes in South Sudan Ogendi, Paul hilmanmoses@gmail.com Dyani-Mhango, Ntombizozuko Moses, Hilma Ndinelago UCTD conflict Human Rights Accountability International crimes Mini Dissertation (LLM (Human Rights and Democratization in Africa))--University of Pretoria, 2021. This study examines the prospects for accountability for international crimes committed in South Sudan since the civil conflict began in December 2013 and resulted in the deaths of at least 400,000 people and displacement of 2.24 million people by September 2018. It argues that both government and opposition forces have committed serious crimes under international law. It claims that since the start of the civil war, the Government of South Sudan has allowed impunity for international crimes to flourish by pursuing only the Terrain case. The study further argues South Sudan has neglected to investigate, prosecute, and punish suspects of international crimes. It also crippled the current judicial system to the extent that it cannot provide justice to victims of the civil war due to a severe lack of independence and political interference. This not only shows the lack of political will to address the critical issue of accountability for international crimes, but it feeds impunity and undermines South Sudan's ability to meet its international obligations. It also shows a total disregard for the victims' rights to truth, justice, and reparations. For this reason, this study focuses on the Hybrid Court of South Sudan (HCSS) as one of the accountability measures envisioned to be established under Chapter 5 of the R-ARCSS. The study argues that in the absence of an independent, impartial, and competent judicial system in South Sudan, the HCSS remains the only meaningful and effective alternative justice mechanism to address the plight of the victims of the civil war. The study thus looks at how it could be utilized to ensure that South Sudan adheres to its international obligations. If the HCSS is not established, the study proposes the establishment of an Adhoc court by the African Union and the United Nations. Centre for Human Rights , University of Pretoria Centre for Human Rights LLM (Human Rights and Democratization in Africa) Unrestricted 2021-11-23T08:49:02Z 2021-11-23T08:49:02Z 2021-12-10 2021-10-29 Mini Dissertation * D2021 http://hdl.handle.net/2263/82797 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle UCTD
conflict
Human Rights
Accountability
International crimes
The prospects of accountability for international crimes in South Sudan
title The prospects of accountability for international crimes in South Sudan
title_full The prospects of accountability for international crimes in South Sudan
title_fullStr The prospects of accountability for international crimes in South Sudan
title_full_unstemmed The prospects of accountability for international crimes in South Sudan
title_short The prospects of accountability for international crimes in South Sudan
title_sort prospects of accountability for international crimes in south sudan
topic UCTD
conflict
Human Rights
Accountability
International crimes
url http://hdl.handle.net/2263/82797