Negotiating Justice: Courts as local civil authority during the conflict in South Sudan

Ibreck, R., Logan, H. & Pendle, N. (2017). Negotiating Justice: Courts as local civil authority during the conflict in South Sudan. London School of Economics and Political Science.
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South Sudan’s courts have continued to function despite the extreme pressures of civil war, atrocities, and economic crisis. They constitute a resilient form of civil authority and an instrument to deal with everyday criminality. The courts also hold the potential to prevent violence and improve protection, not least because both men and women turn to the courts to resolve all manner of disputes, from minor arguments within families to violent disputes and abuses, including by local authorities. People also publicly show compliance during court proceedings, despite uncertainty over when and how judgements will be implemented. However, all are not equal under the law in South Sudan. Instead justice reproduces social and economic inequalities, and is subject to local improvisations. Court decisions are sometimes complicit in human rights violations, especially of women and youth. And military, political and economic elites have opportunities to circumvent or manipulate the system.

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