A UN Commissioner for Human Rights in South Sudan has strongly criticized the government for permitting Warrap and Lakes states to adopt extra-judicial killings of civilians under opaque laws, saying it undermines legal mechanisms for addressing violence.
Speaking during a press conference in Juba on Thursday, Carlos Castresana Fernández said this legislation (Green Book) is being used to target specific communities and fuel intra-communal violence.
“The adoption of extrajudicial killings as state policy in Warrap must be understood in the context of a complete disregard for lawful mechanisms to address violence,” he stated. “These gross human rights violations have been entrenched through ‘Green Book’ measures, which are being used to target specific communities, fuel intra-communal violence, and further weaken the rule of law institutions.”
The green book for conflict resolution and sustainable development under the theme: “Together for peace, unity, and development, was passed by Lakes State in 2022 (known as Customary and Public order) and was copied and signed into law by the Government of Warrap State on 21 February 2024.
It outlines punishment for different crimes. For example, crimes such as cattle raiding, revenge killings, forced marriage, rape, kidnapping, hate speech, and bribery all carry a penalty of execution by firing squad.
The Commissioner, however, said with this law in Warrap State, justice has been moved into the hands of unaccountable officials and soldiers carrying out extrajudicial killings.
Castresana, who was a practicing attorney, magistrate, investigating judge, and prosecutor for over 30 years, stressed that it is the responsibility of the government to ensure such legislation is overruled.
“As a result, justice has been moved from the hands of judges into the hands of unaccountable officials and soldiers carrying out illegal executions. Both the national government and courts are responsible for ensuring the illegal ‘Green Book’ is overruled and that its unlawful measures cease,” he said. “At the same time, the government must also provide the financing to work authorities to strengthen the justice system so that violence among communities can finally be addressed with the instruments of the rule of law, and this may include interim measures such as mobile courts. However, the war court developing permanent functional justice system deployed in all the territory must also start and be properly funded.”