A/HRC/40/CRP.1 cruel or inhuman treatment or punishment, arbitrary detention, arrest and from nondiscrimination and compensated for criminal harm. 350 As in many jurisdictions, the role of victims in criminal proceedings is foreseen to be primarily as witnesses or as recipients of compensation.351 The Act is silent on the subject of representation of victims in criminal proceedings. 4. Child Act (2008) In accordance with international standards, the Child Act (2008) defines children as individuals under the age of 18. The Act upholds the rights of children to non-discrimination, to life, survival and development, to education, well-being and health and to liberty and security of person.352 The minimum age for conscription or voluntary recruitment into armed groups is 18 years, and it is prohibited to use children in military or paramilitary activities. 353 5. Sudan People’s Liberation Army (SPLA) Act (2009) The SPLA Act (2009) provides for the establishment, governance, and discipline of the State’s armed forces and establishes a system of military justice for both criminal and disciplinary offences. The proceedings of the court martial are governed by both the SPLA Rules of Procedure and the Code of Criminal Procedure Act (2008). 354 SPLA courts martial have jurisdiction over both offences of a military nature (desertion, unauthorized absence, disobedience of lawful orders, disrespect to a superior commissioned officer and cowardice in action, for example), and also over ordinary crimes that are not of a military nature, such as murder, rape, assault and theft. 355 By incorporating the Penal Code (2008) in full into the SPLA Act, section 83 permits any crime – whether of a military nature or not, i.e. an ordinary criminal offence – to be tried by court martial. However, when the victim of any crime is civilian, section 37(4) requires the civil criminal court to assume jurisdiction over the case. A soldier may therefore be tried for theft, rape, and murder in either a military court-martial or a civilian criminal court depending on the identity of the victim. In practice, however, the criminal cases perpetrated by soldiers involving civilian victims are also tried in courts martial such as the Terrain Hotel Trial discussed in greater detail below.356 6. Local Government Act (2009) The Local Government Act (2009) governs the jurisdiction and operation of the customary courts. Customary law courts have competence to adjudicate customary disputes and to render judgements in accordance with traditions, norms and ethics of the communities.357 The different levels of law courts have competence of issues including crosscultural civil suits, customary disputes, customary land disputes, minor public order, family, marriage, divorce, adultery, elopement, inheritance, child rights and care, and women’s rights cases.358 Customary law court hear the majority of cases in South Sudan, with some estimates that they hear 90 percent of cases. 359 Customary law courts do not have jurisdiction over criminal cases except where a case with a customary interface is referred by the competent statutory court to the customary court.360 In this regard, the Penal Code Act (2008) governs criminal law in South Sudan, but it nonetheless provides that in the application of the Penal Code, “Courts may consider the existing customary laws and practices prevailing in the specific areas.”361 For example, in relation to the crime of murder, the Penal Code provides that if the relatives of the victim opt 350 Code of Criminal Procedure Act (2008), including sections 6, 75, 83, 93. See e.g. Code of Criminal Procedure Act (2008), sections 7, 195. 352 Child Act (2008), sections 9, 12, 14, 15, 19, 36. 353 Child Act (2008), section 31. 354 SPLA Act (2009), sections 34(4), 38(2). 355 SPLA Act (2009), section 83. 356 See below Section VIII(B)(6). 357 Local Government Act (2009), section 98(1). 358 Local Government Act (20090), sections 99(7), 100(4), 101(2), 102(3). 359 Gabriel Mading Apach and Garang Geng, “Update: An Overview of the Legal System of South Sudan”, September 2018. 360 Local Government Act (2009), section 98(2). 361 Penal Code Act (2008), section 6(2). 351 50