South Sudan

Looking for Justice: Recommendations for the Establishment of the Hybrid Court for South Sudan

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Amnesty International and FIDH, as well as South Sudanese civil society, the African Union (AU) and the international community have repeatedly called for accountability for crimes under international law and human rights violations and abuses committed during South Sudan’s ongoing non-international armed conflict. The August 2015 Agreement on the Resolution of the Crisis in the Republic of South Sudan provided for the establishment of a Hybrid Court for South Sudan with a mandate to investigate and prosecute individuals bearing criminal responsibility for violations of international law and/or applicable South Sudanese law committed from 15 December 2013 through the end of the transitional period. Given the weaknesses and lack of independence of the domestic judicial system, the current lack of International Criminal Court jurisdiction over the crimes committed, and the importance of local ownership over any accountability proceedings, the proposed hybrid court represents the most viable option for achieving justice in South Sudan. In this briefing paper, Amnesty International and FIDH present key recommendations on the structure and institutional framework of the HCSS, in order to ensure that the court effectively achieves accountability, meets international fair trial standards, has national legitimacy, and incorporates the best practices of other hybrid and ad hoc tribunals.