Opinion| Transitional Justice in South Sudan: Balancing justice, peace, and accountability

BY MAHMOUD AKOT

Recently, a French court sentenced Rwandan Doctor Eugène Rwamucyo to 27 years in prison for his complicity in the 1994 Rwandan genocide which claimed the lives of around 800,000 people. This landmark ruling underscores the commitment of Western nations to uphold accountability for crimes against humanity, even years after they occur. Given South Sudan’s history of conflict and atrocities, this case raises a pressing question; could South Sudan find its path toward justice and accountability through similar means?

South Sudan has endured waves of violence, especially during the 2013 and 2016 crises, leaving a legacy of massacres, sexual violence, and forced displacement affecting millions. Despite progress toward a transitional government and various peace agreements, the absence of justice and accountability for these crimes threatens to deepen societal wounds and jeopardizes long-term stability, increasing the risk of renewed violence.

Endless rebellion: the cycle fueled by impunity

The recurrence of conflict in South Sudan highlights a deeply embedded culture of impunity. Many military and political leaders evade prosecution through provisions in peace agreements that offer them immunity, reinforcing a dangerous cycle of rebellion. With immunity assured, leaders may feel emboldened to pursue their political goals through violence, confident that their actions will remain unpunished.

Including transitional justice as an essential condition in peace agreements is crucial. Without accountability, peace agreements are merely temporary solutions that fail to address underlying grievances. Justice is not an optional principle but a cornerstone for sustainable peace and national reconciliation.

The role of the international community in justice

The international community, especially Western nations and organizations like the International Criminal Court, can play a pivotal role in advancing transitional justice in South Sudan. Providing technical assistance and facilitating comprehensive, impartial investigations would be a valuable first step. Western countries, through positive legal examples such as Rwanda and the former Yugoslavia, can encourage South Sudan to adopt global standards in human rights and justice.

Support for transitional justice from the international community ensures that reconciliation goes beyond political agreements, creating pathways for a functioning rule of law and lasting peace.

Justice and national reconciliation; foundations for peaceful coexistence

South Sudan’s future stability depends on addressing past violence through justice and victim compensation. Abandoning justice for political stability undermines public trust in both the government and judicial system. Survivors need acknowledgment of their suffering and reassurance that those responsible for war crimes and severe human rights abuses are held accountable.

While immediate prosecutions may not be feasible, historical trials are possible, as demonstrated in past international cases. With time, records of these atrocities could be revisited, leading to meaningful accountability for those involved and reinforcing public faith in the state’s commitment to justice.

A call to the international community; Justice is the bedrock of lasting peace

In conclusion, the international community must recognize that transitional justice is not merely theoretical; it is a practical requirement for lasting stability. South Sudan’s history of war crimes demands a firm response from major powers and international organizations, advocating for justice and accountability. By supporting thorough investigations and establishing both national and international courts, the international community can help South Sudan avoid further atrocities and build a culture of human rights and justice.

Justice is not a secondary consideration, it is a fundamental need to rebuild South Sudan and foster a cohesive, peaceful society.

The writer is a pro-democracy activist and former spokesperson of the National Democratic Movement (NDM) South Sudan. He can be reached via mahmoudakot@gmail.com/+33602804330.

The views expressed in ‘opinion’ articles published by Radio Tamazuj are solely those of the writer. The veracity of any claims made is the responsibility of the author, not Radio Tamazuj.