A/HRC/45/CRP.3 2. The Hybrid Court for South Sudan 43. The 2015 Peace Agreement in South Sudan (ARCSS) has been replaced by the Revitalised Agreement for the Resolution of Conflict in South Sudan (R-ARCSS) of September 2018, which recommits South Sudan to fully cooperate with the African Union to establish a Hybrid Court for South Sudan in order to prosecute international crimes that may have occurred in the country between 15 December 2013 and the end of the Transition Period.41 Like the ARCSS, the Revitalised Agreement confers on the Hybrid Court jurisdiction over genocide, crimes against humanity, war crimes, torture, crimes against persons and property, and other serious crimes under international law. 42 Considering the fact that the Hybrid Court is an integral part of the Peace Agreement between warring parties, and its implementation a prerequisite for sustainable peace in South Sudan, the Hybrid Court presents the most realistic and credible chance to address on-going human rights violations in South Sudan, by the issuing of indictments and the conducting of eventual prosecutions for related crimes such as the war crime of starvation and crimes against humanity related to persecution (see paras.47-48, below, for more on the relevant crimes against humanity). 3. The East African Court of Justice 44. At the sub-regional level, South Sudan is a State Party to the Treaty establishing the East African Community (EAC), and its principal judicial organ the East African Court of Justice. While human rights do not comprise the main thrust of the objectives of the East African Community, they do constitute governing principles to achieve the objectives of the EAC Treaty.43 Article 6 of the Treaty provides for fundamental principles which should be adhered to by member states, and which are necessary for achieving EAC objectives. These objectives include good governance, democracy, the rule of law, accountability, transparency, social justice, gender equality, as well as the recognition, promotion, and protection of human and peoples’ rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights.44 Among other requirements, Article 7(2) of the EAC Treaty obligates member states to abide by the principles of good governance, including adherence to and maintenance of universally accepted standards of human rights. Collectively, these provisions reflect the implied commitment of the EAC member states to protect and advance human rights. 45. In the case of Katabazi,45 the Court concluded that “it cannot ‘abdicate’ exercising its interpretive mandate, even if a matter before it contains allegations of human rights”.46 The Court further noted that national courts have the primary obligation to promote and protect human rights. If human rights abuses are perpetrated against citizens and the State in question shows reluctance, unwillingness, or the inability to redress the abuse, the Court reaffirmed its role to intervene in the wider interests of the EAC Treaty. 47 Consequently, the Court proceeded to determine whether there was a violation of the fundamental principles of the EAC and found that a state party had breached the principle of the rule of law, which is a fundamental principle of the community. It especially noted that, while the principle of the rule of law is not in and of itself a human right, it is a precondition for the protection of human rights. On-going human rights violations in South Sudan, and in particular of the right to food, run counter to the objectives and goals 41 Draft Statute of the Hybrid Court for South Sudan, 10 August 2017, at Art. 1(1). Ibid., at Arts. 2-6. 43 Article 27(2) of the EAC Treaty confers the power upon the Council of Ministers to adopt a protocol that would extend the current jurisdiction of the EACJ. 44 EAC Treaty, Art. 6(d). 45 James Katabazi and 21 Others vs. Secretary General of the East African Community and Attorney General of the Republic of Uganda, Reference No. 1 of 2007, 31 October 2007, at para. 39. 46 Ibid. 47 Sitenda Sebalu v Secretary-General of the EAC & Others, Ref 1 of 2010, EACJ First Instance Division 50. 42 13