Negotiating Justice: Courts as local civil authority during the conflict in South Sudan

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Ibreck, Rachel; Logan, Hannah and Pendle, Naomi. 2017. Negotiating Justice: Courts as local civil authority during the conflict in South Sudan. Discussion Paper. Justice and Security Research Programme, LSE, London. [Report]

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Abstract or Description

South Sudan’s courts have continued to function
despite the extreme pressures of civil war, atrocities,
and economic crisis. They constitute a resilient form of
civil authority and an instrument to deal with everyday
criminality. The courts also hold the potential to prevent
violence and improve protection, not least because
both men and women turn to the courts to resolve
all manner of disputes, from minor arguments within
families to violent disputes and abuses, including by
local authorities. People also publicly show compliance
during court proceedings, despite uncertainty over when
and how judgements will be implemented. However,
all are not equal under the law in South Sudan. Instead
justice reproduces social and economic inequalities,
and is subject to local improvisations. Court decisions
are sometimes complicit in human rights violations,
especially of women and youth. And military, political
and economic elites have opportunities to circumvent
or manipulate the system.