How the AU can promote transitional justice in South Sudan

The report argues that for transitional justice to be effective in South Sudan, the African Union must move beyond the mere establishment of a hybrid court to support a coordinated, victim-centred strategy. This includes the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA), alongside traditional reconciliation mechanisms. The authors emphasize that security, psychosocial support, and the inclusion of civil society and the diaspora are essential preconditions for success. Drawing on lessons from other African nations, the report highlights the limitations of international trials and the critical importance of tangible reparations and local ownership to ensure the non-recurrence of violence.

• The African Union is mandated by the 2015 Agreement for the Resolution of Conflict in South Sudan (ARCISS) to help establish a hybrid court to address gross human rights violations, but the report argues that transitional justice must be broader than retributive justice.
• South Sudan's justice system is currently in disarray, characterized by a lack of trained judges, lawyers, and prison staff, and a police service that has a predatory relationship with the community, reinforcing a culture of impunity.
• The report identifies three essential conditions for successful victim participation in transitional justice: security to prevent coercion, robust psychosocial support, and capacity building so victims understand their rights.
• International trials are often viewed as ineffective for developing national legal capacity or resonating with the general population, and they may be seen as tools for holding predecessor regimes accountable rather than advancing the rule of law.
• Reparations are critical for providing tangible benefits to victims and addressing socio-economic inequalities, yet their implementation is often lacking, which can damage trust between citizens and the state.
• The Hybrid Court for South Sudan (HCSS) faces resistance from the governing elite who fear prosecution, and the report notes that the court's success depends on local ownership and the domestication of legislation.
• The Commission for Truth, Reconciliation and Healing (CTRH) must be coordinated with the hybrid court and the Compensation and Reparation Authority (CRA) to avoid credibility issues and ensure that truth-telling does not prejudice legal processes.
• Traditional and customary reconciliation mechanisms can be useful for garnering local support and mediating clan disputes, but they must be adapted to conform to human rights standards and are not designed for mass crimes.
• The African Union should act as a broker between international development partners to ensure that all elements of transitional justice—not just criminal justice—are equally funded and supported.

APA

Lucey, A., & Kumalo, L. (2017). How the AU can promote transitional justice in South Sudan. Institute for Security Studies. https://issafrica.s3.amazonaws.com/site/uploads/ear14-1.pdf

Chicago

Lucey, Amanda, and Liezelle Kumalo. How the AU can promote transitional justice in South Sudan. Institute for Security Studies, 2017. https://issafrica.s3.amazonaws.com/site/uploads/ear14-1.pdf.

Wikipedia

{{cite report |last1=Lucey |first1=Amanda |last2=Kumalo |first2=Liezelle |title=How the AU can promote transitional justice in South Sudan |publisher=Institute for Security Studies |date=September 2017 |url=https://issafrica.s3.amazonaws.com/site/uploads/ear14-1.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{lucey2017how, author = {Lucey, Amanda and Kumalo, Liezelle}, title = {{How the AU can promote transitional justice in South Sudan}}, institution = {Institute for Security Studies}, year = {2017}, month = sep, url = {https://issafrica.s3.amazonaws.com/site/uploads/ear14-1.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }