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Local Justice in Southern Sudan

Local Justice in Southern Sudan
Author: Cherry Leonardi
Publisher:
Total Pages: 94
Release: 2010
Genre: Conflict management
ISBN:

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Local Justice in Southern Sudan

Local Justice in Southern Sudan
Author:
Publisher:
Total Pages: 0
Release: 2010
Genre: Conflict management
ISBN:

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This report analyzes the current justice system in Southern Sudan, focusing on the relationship between customary chiefs' courts and government courts and the ways that litigants navigate both types of courts in practice. Based on extensive interviews with litigants, chiefs, and court officials, the report argues that the line between chiefs' and government courts is blurred and that litigants prize the system's hybridity and flexibility, as they often seek restorative and consensual dispute resolution over retribution. The report's analysis suggests that current justice reform efforts, aiming at stricter jurisdictional limitations and the ascertainment of customary law, may reduce litigants' abilities to achieve the justice they want, undermine fairness, and exacerbate local conflict. Interventions should keep the current system's flexibility intact and focus on long-term education and information efforts. Where such knowledge resources are available, there is evidence that individual litigants deploy them in their disputes and cases, contributing to the gradual processes of change that the flexibility of local justice engenders.


The Fallen Distinguished Judge

The Fallen Distinguished Judge
Author: Majok Wutchok
Publisher:
Total Pages: 152
Release: 2020-10-25
Genre:
ISBN: 9780648284871

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In the dark evening of May 13th, 2020, right in the onset of the world newest pandemic COVID-19, the death and the passing of one of South Sudan's most honourable Justice and distinguished judge was announced by medical expert in consultation with his family in Juba, South Sudan. South Sudan has suffered a huge loss to its Judiciary system and legal fraternity. Justice Bullen Panchol Awal Alier drew his last breathe within the hour of 8:30 PM in the evening, Juba local time. According to medical report released after his passing, late Judge suffered and succumbed to HEART ATTACK. South Sudan has lost a keen fighter of justice, a beacon of hope, truth, and transparency in the judicial system to the snares of a short illness. Even though the cause of his passing or nature of sickness was later reported to be heart attack. However, there has been a hint that the Late judge did suffered major a symptom-like shortness of breath, a symptom of the deadly heart attack. South Sudan was in a state of mourning as one of the founding fathers of South Sudan's democracy and the judiciary system is no more. Justice Bullen Panchol Awal Alier, the first-ever South Sudanese to be a second high ranked of Sudanese Constitutional Court has ascended into the heaven to be one of South Sudan's impactful ancestors.During his lifetime, Justice Bullen Panchol was not only an active advocate of some sort, he was as well as a man of many hats, although most certainly wigs and robes. He was more dedicated to the struggle of fairness in the judicial system of the South Sudanese people. He has fought against nepotism, corruption, bribery, and other moral and political decadence slowly eating up the democracy and justice system of South Sudan. Relentless and in the fore-front of exemplary works that bring South Sudan the deserved rights and transparency that is cherished in the ideal democratic society. An epitome of optimism and a firm believer of all citizens of South Sudan living together in harmony and with equal opportunities. One could easily see that the above ideal was all he hoped, fought, and lived to achieve and also died trying to achieve.Right before he resigned in September 2018 in South Sudan's Judiciary system, Justice Bullen played a pivotal role in the constitutional court for the position of supreme judge of the then constitutional court in Khartoum, having been appointed by the late Dr. John Garang de Mabior (the then Sudanese Vice President and President of the Government of Southern Sudan 2005) for 6 years i.e. 2005 - 2011. Then, in September of year 2011, Justice Bullen Panchol Awal Alier was appointed as a judge to South Sudan Supreme court by the current South Sudanese President, Salva Kiir Mayardit. He was confirmed alongside other three judges by South Sudan legislative assembly. Right before he resumed the position of a Judge in South Sudan's SPLA/SPLM Supreme Court, Justice Bullen was a seasoned soldier in his prime and retired in 2018 with the noble rank of Major General. Being the first South Sudanese to be second high ranked judge of Sudanese constitutional court after 21 years of divisional war between the Northern and Southern Sudan was no small achievement. Right after his retirement at SPLA, Justice Bullen was a fine man with an incredible work ethic. As the saying goes, a musician never stops making music only until he no longer has music in him. Justice Awal retired into private practices where he established his own private law firm and founded Alier Gaar Law firm which had offices in Juba and Bor Town.While in the Justice System, he was faced with the glaring truth about the cankerworm i.e. Corruption eating deep and wreaking havoc in the political, democratic, and humanitarian part of the country. Justice Bullen was among the rather few intellectuals and outliers of South Sudan. He was highly respected and acknowledged for his rather strict and thorough ruling and impeccable statement of judgment.


South Sudans Injustice System

South Sudans Injustice System
Author: Rachel Ibreck
Publisher: Zed Books Ltd.
Total Pages: 301
Release: 2019-08-30
Genre: Social Science
ISBN: 1786993422

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'An outstanding feat based on in-depth research in a difficult setting ... this book uncovers the dysfunctions of law and the bravery of South Sudan’s activists struggling for justice.' Mark Fathi Massoud, University of California, Santa Cruz.


South Sudan’s Injustice System

South Sudan’s Injustice System
Author: Rachel Ibreck
Publisher: Bloomsbury Publishing
Total Pages: 264
Release: 2019-08-30
Genre: Political Science
ISBN: 1786993414

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Coming into existence amid a wave of optimism in 2011, South Sudan has since slid into violence and conflict. Even in the face of escalating civil war, however, the people of the country continue to fight for justice, despite a widespread culture of corruption and impunity. Drawing on extensive new research, Rachel Ibreck examines people's lived experiences as they navigate South Sudan's fledgling justice system, as well as the courageous efforts of lawyers, activists, and ordinary citizens to assert their rights and hold the government to account. In doing so, the author reveals how justice plays out in a variety of settings, from displacement camps to chiefs' courts, and in cases ranging from communal land disputes to the country's turbulent peace process. Based on a collaborative research project carried out with South Sudanese activists and legal practitioners, the book also demonstrates the value of conducting researching with, rather than simply about those affected by conflict. At heart, this is a people's story of South Sudan - what works in this troubled country is what people do for themselves.


Customary Justice in South Sudan

Customary Justice in South Sudan
Author: James Nyok Deng
Publisher: LAP Lambert Academic Publishing
Total Pages: 96
Release: 2013-01
Genre:
ISBN: 9783659315756

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This book was co-authored by two prominent researchers in South Sudan/Jonglei State-James Nyok Deng & John Kon Kelei. The aim of the research was to compare the way in which the courts applies customary laws in both statutory court and bench court in Jonglei State. The two authors works fulltime as Law Lecturers, faculty of law, at Dr. John Garang Memorial University of Science and Technology in South Sudan.


The Challenge of Governance in South Sudan

The Challenge of Governance in South Sudan
Author: Steven C Roach
Publisher: Routledge
Total Pages: 248
Release: 2018-09-13
Genre: Political Science
ISBN: 1351656643

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South Sudan is one of the world’s most divided and unstable countries. Since achieving statehood in 2011, the country has plunged into civil war (2013-15) and become the scene of some of the worst human rights abuses on the African continent. Despite ongoing political turmoil, states and international institutions have pledged enormous resources to stabilize the country and shore up the current peace process, but have had limited influence in dealing with the effects of rampant corruption and factionalism. The Challenge of Governance in South Sudan examines the factors that continue to haunt peace-building efforts, including the domination of the SPLM/A, factionalization, corruption, human rights atrocities, an ineffective constitution, and the role of international actors. It brings together a diverse set of leading scholars to reflect on these factors and propose ways of promoting peace and stability in South Sudan. In particular, the book asks whether the disparity between domestic priorities/policies and foreign intervention strategies has prevented the peace process from moving forward. The contributors probe this issue by addressing the flaws of past peace agreements, poor governance, a weakly articulated peacekeeping mission, US foreign policy, and a lack of moral accountability. This book is perfect for students, scholars and policy makers with an interest in the challenges faced by the world’s newest country.


Constitution-making and Human Rights in the Sudans

Constitution-making and Human Rights in the Sudans
Author: Lutz Oette
Publisher: Routledge
Total Pages: 218
Release: 2018-12-20
Genre: Law
ISBN: 1317227913

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Sudan and South Sudan have suffered from repeated cycles of conflict and authoritarianism resulting in serious human rights and humanitarian law violations. Several efforts, such as the 2005 Comprehensive Peace Agreement and transitional justice initiatives have recognized that the failure to develop a stable political and legal order is at the heart of Sudan’s governance problems. Following South Sudan’s independence in 2011, parallel constitutional review processes are under way that have prompted intense debates about core issues of Sudan’s identity, governance and rule of law, human rights protection and the relationship between religion and the State. This book provides an in-depth study of Sudan’s constitutional history and current debates with a view to identifying critical factors that would enable Sudan and South Sudan to overcome the apparent failure to agree on and implement a stable order conducive to sustainable peace and human rights protection. It examines relevant processes against the broader (constitutional) history of Sudan and identifies the building blocks for constitutional reforms through a detailed analysis of Sudanese law and politics. The book addresses constitutionalism and constitutional rights protection in their political, legal and institutional context in Sudan and South Sudan, and the repercussions of the relationship between state and religion for the right to freedom of religion, minority rights and women’s rights.