A/HRC/45/CRP.4
during deliberations that the courts deal with the backlog of cases involving serious crimes,
including murder, rape, robbery, and theft. While hailed as a positive step toward enhancing
access to justice, participants noted several concerns regarding the mobile courts’ potential
to reduce the impunity gap for conflict-related crimes in South Sudan:
•
First, the geographic scope and cases covered by the mobile courts thus far are quite limited
relative to the large magnitude of serious crimes, pending cases, and suspects still held in
detention without trial.
•
Second, there are concerns on due process and the potential that the approach adopted by the
mobile courts may compromise fair trial principles due to the limited time allocated to the
hearing of cases and the absence of early engagement between prosecutors and affected
victims prior to trial. For instance, mobile courts recently heard 12 cases and sentenced
accused persons in less than two weeks.
•
Third, the proceedings have highlighted the need for more deliberate efforts to cultivate local
ownership and effective participation of victims and affected communities in the mobile
courts’ proceedings, if they are to contribute to truth, national reconciliation, and healing.
Participants observed that there appears to be heavy involvement of external actors that are
not well versed or connected with local contexts, authorities, or communities in preparing
for and conducting the mobile courts’ proceedings.
•
Participants were also concerned about the potential effect of public hearings of sexual
violence cases on the safety and well-being of victims and their families. Further, the mobile
courts’ hearings are characterised by a large presence of security personnel, which
unwittingly has the effect of limiting the participation of local communities and individuals
not associated with the cases. Consequently, some cases that could easily be resolved
through alternative dispute resolution are brought for hearing before the mobile courts,
thereby reducing the already limited time available for determination of serious crimes.
Potential avenues for obtaining justice and accountability for atrocities in South Sudan
60.
Despite the existing political hurdles, it was felt that the quest for accountability for
past atrocities must not be abandoned as it is a cornerstone of sustainable peace in South
Sudan. Some participants felt that the government’s willingness to ensure that perpetrators
of conflict-related crimes are held responsible would be the clearest signal of its intention to
genuinely pursue national reconciliation and healing and rebuild a transformed South
Sudanese society. They further questioned the value of pursuing implementation of all other
aspects of the R-ARCSS in the absence of accountability for past violations.
61.
During group discussions and cognisant of the foregoing reality, participants
deliberated on potential domestic, regional, and international avenues to keep the quest for
accountability in South Sudan alive.
a.
Political measures
62.
US Ambassador Kelly Currie indicated that sanctions against politicians and Cabinet
Ministers blocking implementation of the peace agreement and accountability processes,
including those already issued by the US Government were cited as a progressive measure.
In addition, participants called for the AU to engage more robustly on the establishment of
the HCSS, including requiring the R-TGoNU to sign the MoU and adopt the draft Statute
within specific timelines. Most participants proposed that, in the absence of concrete
movement by the R-TGoNU, the AU should consider alternative avenues to initiate an
accountability process as envisaged in the R-ARCSS. However, some participants were of
the view that collaboration with the Government of South Sudan is essential if any
accountability process is intended to effectively contribute to the broader goals of national
reconciliation, healing and sustainable peace.
b.
Regional accountability measures
63.
It was noted that, as South Sudan has ratified the African Charter on Human and
Peoples’ Rights, the African Commission on Human and Peoples’ Rights may provide a
feasible avenue for state accountability and reparation for conflict-related human rights
violations committed in South Sudan, subject to admissibility considerations. Solomon
Dersso encouraged participants to join in advocacy efforts aimed at promoting ratification of
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