South Sudan Transitional Government approves formation of the Hybrid Court for South Sudan
GRC welcomes the long-awaited decision of South Sudan’s Revitalized Transitional Government of National Unity to approve the creation of the Hybrid Court for South Sudan (HCSS) in accordance with Chapter V of the 2018 Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). The latter is vested with the mandate to investigate and prosecute individuals responsible for violations of international law and South Sudanese law, including crimes of genocide, crimes against humanity, war crimes, and other serious crimes under international law including gender-based violence.
The R-ARCSS also envisages the establishment of a Commission for Truth, Reconciliation and Healing (CTRH) and a Compensation and Reparation Authority (CRA). Together with a Hybrid Court, these could prove to be the most appropriate avenues for achieving accountability, sustainable peace, reconciliation as well as recognition and reparations for victims.
Since 2017 GRC and its partners, as supported by the Netherland’s Ministry of Foreign Affairs, have been engaged on the issue of starvation with the high-level objective to render starvation morally toxic and to increase the likelihood that global leaders in a position to inflict or fail to prevent mass starvation will act to avoid it, amid mounting public pressure. As part of this project, GRC has trained South Sudanese CSOs in the investigation and documentation of starvation-related conduct on the basis of its unique Starvation Training Manual. It has also provided starvation-related legal support to the UN Commission for Human Rights for South Sudan. In June 2019, Global Rights Compliance (GRC) and the World Peace Foundation (WPF) as part of their project entitled “Accountability for Starvation: Testing the Limits of the Law”, published a briefing paper on the war crime of starvation under international criminal law and international humanitarian law in the context of South Sudan.