South Sudan Approves Transitional Justice Laws, Moves to Establish Hybrid Court with AU

By Shadrack Nyakoe

South Sudan parliament has approved two crucial transitional justice laws aimed at addressing the human rights abuses that have occurred since the country’s conflict began in December 2013, according to Human Rights Watch.

These laws, passed on September 3, 2024, will now be reviewed by parliamentary committees for final adjustments before being sent to the president for signing.

The bills would create two of three bodies envisioned in the 2015 and 2018 peace agreements: a Commission for Truth, Reconciliation, and Healing and a Compensation and Reparations Authority. However, they do not yet establish the hybrid court, which is intended to prosecute war crimes committed during the conflict in partnership with the African Union (AU).

Nyagoah Tut Pur, a South Sudan researcher at Human Rights Watch, praised the passage of the bills as a result of continued pressure from victims and civil society but stressed the need to establish the hybrid court.

She also emphasized the importance of ensuring that the selection of commissioners and directors for the truth commission and reparations authority is transparent and independent, involving the AU to prevent political interference.

The reparations authority will provide material support to citizens affected by the conflict, but Human Rights Watch has urged parliamentary committees to ensure personal reparations are not overlooked.

The organization also called for a comprehensive fundraising and oversight system for the transitional justice process.

While the approval of these laws is a positive step, Human Rights Watch reiterated the need for South Sudan and the AU to prioritize the establishment of the hybrid court, which would bring together African judges and prosecutors to deliver justice for war crimes.

They urged the AU to move forward, even without South Sudan’s full cooperation, to ensure accountability for serious crimes.