Community Security and Justice under United Nations Governance: Lessons from Chiefs’ Courts in South Sudan’s Protection of Civilians Sites

Ibreck, Rachel; Pendle, Naomi

doi:10.5334/sta.568

Cited by 9 publications

(8 citation statements)

References 12 publications

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“…130 Another mechanism is the Informal Mediation and Dispute Resolution Mechanism (IMDRM) designed to mitigate dispute and prevent escalation without issuing fines or giving out punishments. 131 The IMDRM has been confused with customary courts which are the main dispute settlement mechanism for communities on the sites and a mechanism the UN does not directly engage with. 132 Customary courts take many forms in the PoC sites such as chiefs' courts, hearings held by the CWG and other committees but are rooted in the same traditions.…”

Section: The Protection Of Civilian Sites and The Rule Of Lawmentioning

confidence: 99%

“…132 Customary courts take many forms in the PoC sites such as chiefs' courts, hearings held by the CWG and other committees but are rooted in the same traditions. 133 Due to the lack of formal courts on the PoC sites, research has shown that traditional authorities were heavily relied upon as the most common first step in the Bentiu PoC site following murder or sexual assault. 134 Customary courts are found across South Sudan where chiefs mediate disputes under local customary laws and are the ' quintessential justice providers' for much of the population.…”

Section: The Protection Of Civilian Sites and The Rule Of Lawmentioning

confidence: 99%

“…In this manner, the courts conjure an imagined shared morality, law and moral community, contrasting with the realities of historical experience across the Nuerlands.' 137 Customary courts are commonly held under a tree with up to sixteen chiefs. 138 Community members will be in attendance and the courts collect fees, and issues fines and punishments.…”

Section: The Protection Of Civilian Sites and The Rule Of Lawmentioning

confidence: 99%

“…140 UNMISS has made it clear that serious cases of murder or rape should be dealt with by UNPOL but otherwise does not monitor or regulate the customary courts. 141 Ibreck and Pendle have documented numerous examples of cases heard by customary courts in the PoC sites. There have been instances where the customary courts have limited their own jurisdiction and referred to human rights.…”

Section: The Protection Of Civilian Sites and The Rule Of Lawmentioning

confidence: 99%

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UN Peace Operations and the Role of the Local in (Re)Building the Rule of Law

Gilder

2021

Utrecht Law Review

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operations undertake a broad array of rule of law activities aiming to rebuild the justice system and end impunity. Rule of law activities in UN peace operations have matured over the last 20 years since the UN experiments with statebuilding in Kosovo and East Timor. Today, rule of law activities can often clearly be seen to advance the broader goal of establishing the host state as the legitimate authority. This paper first discusses the UN's understanding of the rule of law and why the UN has chosen to underpin its peacebuilding agenda with ending impunity. Second, transitional justice in MINUSCA is discussed including the establishment of the Special Criminal Court. Third, UNMISS is investigated where the UN had an unprecedented challenge of ensuring the rule of law on protection of civilian sites. Lastly, the promise of local justice is assessed. It is suggested that while ending impunity and strengthening formal institutions can be important to ensure human rights violations do not persist, there needs to be an overarching, bottom-up strategy in place to engage and empower local communities, and other civil actors, to be part of the rule of law process.

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Section: The Protection Of Civilian Sites and The Rule Of Lawmentioning

confidence: 99%

Section: The Protection Of Civilian Sites and The Rule Of Lawmentioning

confidence: 99%

Section: The Protection Of Civilian Sites and The Rule Of Lawmentioning

confidence: 99%

Section: The Protection Of Civilian Sites and The Rule Of Lawmentioning

confidence: 99%

See 2 more Smart Citations

UN Peace Operations and the Role of the Local in (Re)Building the Rule of Law

Gilder

2021

Utrecht Law Review

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“…By the end of 2017, many civic state and county-level offices were either shut or vacant, and judges sacked or intimidated into resigning (Ibreck et al . 2017; Reuters 7.9.2017).…”

Section: Juba: a Legal Geographymentioning

confidence: 99%

Rule of whose law? The geography of authority in Juba, South Sudan

Kindersley

2019

J. Mod. Afr. Stud.

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This study asks: in the general absence of a functioning and effective civil administration in Juba's huge suburbs, how have people negotiated personal disputes and neighbourhood management since conflict began in 2013? Who arbitrates in Juba, and on what terms? This study challenges top-down analyses that see political-military elites managing their ethnic enclaves of followers and fighters through nepotism and gifts. Such patronage requires the complex negotiation of responsibilities and rights, including over community safety and order. In Juba, the local authorities who mediate this have been built by men and women with extensive expertise and connections in South Sudan's long history of ‘civil-military’ governance systems. These local authorities have established lasting institutions by negotiating rights to residence in, arbitrating over, and knowing the human geography of their neighbourhoods. Their authority is rooted in this deep politics, drawing on their detailed knowledge of topographies of power in these multi-ethnic, highly military neighbourhood spaces.

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