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The Failure of Transitional Justice in South Sudan

Ole Frahm
Universität St Gallen
Ole Frahm
Universität St Gallen

Abstract

Transitional justice mechanisms in South Sudan in the aftermath of the Comprehensive Peace Agreement in 2005 have not contributed to peacebuilding and reconciliation and have actually had a detrimental effect on statebuilding efforts. Both domestic elites as well as international actors involved (esp. the Troika of UK, US and Norway) have opted for a hybrid approach: attempting to transfer established patterns of transitional justice, in particular the South African model, while ensuring the de facto impunity of anyone in a position of leadership. Hence, the various parallel institutions devoted to national or local reconciliation – so my argument - are in fact best understood as a rhetorical acceptance of international norms which fits into a wider mode of statebuilding in South Sudan in which domestic politicians and organisations in rhetoric uphold the virtues of liberal democracy while subverting them in actual fact.