A/HRC/40/CRP.1 courts to order as compensation, the payment of a “girl child” to the family of the deceased in a murder case.522 The importance of the customary law courts has been reinforced by the long years of conflict, the resulting instability in the country, the absence of statutory structure and the lack of reform of the legal system with the emergence firstly of Southern Soudan and then South Sudan following independence.523 These customary law courts have been available and accessible to the vast majority of South Sudanese even during the conflict period and provide speedy and affordable justice for people as in most instances statutory courts are non-existent and where they do are extremely costly. However, decisions of customary law courts are often unpredictable and violate a number human rights principles binding South Sudan. 524 The Secretary-General pointed out that rule of law institutions in transition and conflict contexts should be supported to address inequality and respond to the most urgent needs of women affected by conflict, ensuring accountability for sexual and gender-based violence. He went on to say that the fair administration of both formal and informal justice processes requires that specific steps are implemented to promote women in leadership positions. National justice systems must be strengthened to facilitate the investigation and prosecution of sexual and gender-based crimes consistent with international standards and in compliance with the principles of nondiscrimination.525 4. Marriage and Divorce Marriage in South Sudan creates ties between two individuals and their families, clans and communities526 and can vary from one community to the other.527 Traditionally, marriage involves the payment of a bride price by the husband and his family to the bride’s family, either in cattle heads, goats, money, cereals, honey, and weapons.528 The new bride is “On this day there were 63 men and 4 women at the court. Two cases were heard one was GBV. In this case a wife, 26 years old, brought a case against her husband, 40 years old, for beating her. Both are Dinka. The woman refused to cook food for the husband and told him to “go find his own water.” The man was insulted and beat her with a stick. He stated to the court, “when you beat her properly she will listen to you.” The chiefs found that Dinka customary law supports beating your wife if she threatens you. The chiefs ordered a punishment of thirty lashes to the woman in order to respect her husband. The woman did not agree with the court’s decision” cited in UNDP, In search of a working system of justice for a new nation. The ascertainment of customary laws of the Toposa, Lokuto (Otuho), Lango and Lopit Communities of the Eastern Equatoria State of South Sudan, Series 1, Volume 1, 2012 and T Mennen, “Lessons From Yambio, Legal Pluralism and Customary Justice, Reform in Southern Sudan”, Hague Journal on Rule of Law, Volume 2, Issue 2, p. 218. 522 Justice Africa, “Justice in Practice: South Sudan”, Spring 2015; Conflict Sensitivity Resource Facility South Sudan, “Justice in South Sudan”, 2018; UNDP, In search of a working system of justice for a new nation. The ascertainment of customary laws of the Toposa, Lokuto (Otuho), Lango and Lopit Communities of the Eastern Equatoria State of South Sudan, Series 1, Volume 1, 2012 523 Human Security Baseline Assessment for South Sudan and Sudan, “Women’s Security and the Law in South Sudan”, Small Arms Survey, March 2012. 524 UNDP, In search of a working system of justice for a new nation. The ascertainment of customary laws of the Toposa, Lokuto (Otuho), Lango and Lopit Communities of the Eastern Equatoria State of South Sudan, Serie 1, Volume 1, 2012; A/HRC/AC/9/2, Preliminary study on promoting human rights and fundamental freedoms through a better understanding of traditional values of humankind, 14 May 2012; B. Kühn, “Universal Human Rights vs. Traditional Rights”, in Topical Review Digest: Human Rights in Sub-Saharan Africa, University of Denver, 2009, pp. 59-73; M. Fadlalla, Customary Laws in Southern Sudan. Customary Laws of Dinka and Nuer, iUniverse, 2009. 525 Report of the Secretary-General on women and peace and security, S/2017/861, 16 October 2017. 526 O. Stern, “‘This is How Marriage Happens Sometimes’: Women and Marriage in South Sudan”, in F. Bubenzer, O. Stern (editors), Hope, Pain and Patience, The Lives of Women in South Sudan, Fanele, Jacana Media, 2011; S. Benesova, “Southern Sudanese Women in the Diaspora”, The Osprey Journal of Ideas and Inquiry, 2004, pp. 79s; What Works to Prevent Violence against Women and Girls consortium, “No safe Place: A lifetime of violence for conflict-affected women and girls in South Sudan”, 2017; Justice Africa, “Justice in Practice: South Sudan”, Spring 2015; B. Juuk, “South Sudanese Dinka Customary Law in Comparison with Australian Family Law: Legal Implications for Dinka Families”, The Australian Review of African Studies, Vol. 34, No. 2, December 2013, pp. 99-112. 527 M. Hove, E. Ndawana, “Women’s Rights in Jeopardy: the case of war-torn South Sudan”, Sage open, October-December 2017: 113; UNDP, “Ascertainment of Customary Laws in South Sudan”, Discussion Paper, 2012; UNDP, In search of a working system of justice for a new nation. The ascertainment of customary laws of the Toposa, Lokuto (Otuho), Lango and Lopit Communities of the Eastern Equatoria State of South Sudan, Serie 1, Volume 1, 2012. 528 UNDP, “Ascertainment of Customary Laws in South Sudan”, Discussion Paper, 2012; M. Fadlalla, Customary Laws in Southern Sudan. Customary Laws of Dinka and Nuer, iUniverse, 2009; C. Mareng, Loveless Mariage Among the Dinkas, The Key Publishing House, 2014. 82