Vol. 2011 No. 1 (2011)
War Crimes Accountability Under International Criminal Law in South Sudan: An African Perspective
Abstract
International Criminal Law (ICL) has emerged as a critical tool for accountability in post-conflict situations, including those involving war crimes and other serious human rights abuses. The study reviews existing laws, case law, and international treaties related to ICL in Africa, with a focus on South Sudan's legal landscape since independence. Findings indicate that while South Sudan has established a National Court System under the Transitional Constitution of , there remains significant ambiguity regarding jurisdiction over war crimes, particularly those committed by non-state actors. The current legal framework in South Sudan is insufficient for comprehensive accountability. The challenges include jurisdictional ambiguities and inadequate resources to prosecute such cases effectively. Recommendations include the need for clear legislative directives on jurisdiction, additional judicial training for local courts, and increased cooperation with international bodies like the International Criminal Court (ICC).
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