Volume 53
Issue
2
Date
2022

Hope for Accountability: The Hybrid Court of South Sudan

by Shelby McGuire-Smith

In January of 2021, the government of South Sudan indicated its intent to establish a hybrid war crimes tribunal, the Hybrid Court of South Sudan (HCSS), to prosecute human rights violations that occurred during the civil war that began in 2013. With this announcement came a renewed hope of justice, accountability, and peace for the South Sudanese people. However, given the government’s previous hostility toward the HCSS, prior efforts to delay its establishment, and the fact that it may well be implicated in many of the Court’s investigations and cases, there is also a justifiable skepticism surrounding the creation of the Court. Indeed, establishing and operationalizing the HCSS is sure to present immense challenges, including the government’s lack of political will to prosecute, difficulties surrounding victim participation and protection, and funding. However, this Note argues that it is precisely because of these challenges that a hybrid court is the mechanism most suited to this circumstance, and that the HCSS is South Sudan’s best hope for achieving justice and accountability. This Note examines the many advantages of the hybrid court paradigm, including its flexibility, increased legitimacy, capacity building, and norm diffusion, and analyzes how these benefits could be leveraged in the South Sudanese context. This Note concludes by proposing several specific recommendations for establishing an effective, independent hybrid court capable of bringing justice and accountability to the people of South Sudan and ending the cycle of violence and impunity.

 

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