The Politics of Customary Law Ascertainment in South Sudan

Leonardi, Cherry; Isser, Deborah; Moro, Leben Nelson; Santschi, Martina

doi:10.1080/07329113.2011.10756659

Cited by 12 publications

(14 citation statements)

References 10 publications

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“…'navigate' these structures by providing legal information and supporting paralegals who know how to mobilize these laws (Jackson, 2011;Leonardi et al, 2011). Notes 1.…”

Section: Resultsmentioning

confidence: 99%

Can Legal Pluralism Advance Human Rights? How International Development Actors Can Contribute

Corradi

2013

Eur J Dev Res

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This article discusses how international development actors providing aid to the justice sector in legally plural contexts can support reforms to the normative framework for legal pluralism that contribute to advancing human rights. Based on the case of Mozambique, the article argues that reforms to the normative framework for legal pluralism should be grounded on empirical realities of legal pluralism and their human rights implications. The article suggests that international development actors can contribute to this end at the level of process. This can be done by financing empirical studies on legal pluralism and human rights, and by facilitating informed and participatory dialogue to define policies and legislation.Cet article examine comment les acteurs du développement international apportant de l'aide au secteur judiciaire dans des contextes juridiques pluralistes peuvent promouvoir les réformes du cadre normatif allant dans le sens du pluralisme juridique, et contribuant à faire avancer les droits de l'homme. En s'appuyant sur le cas du Mozambique, l'article soutient que les réformes du cadre normatif pour le pluralisme juridique devraient être fondées sur la réalité empirique du pluralisme juridique et leurs implications pour les droits de l'homme. Nous avançons l'idée que les acteurs du développement international peuvent contribuer à cette objectif au niveau de la procédure, en finançant des études empiriques sur le pluralisme juridique et les droits de l'homme, et en facilitant un dialogue éclairé et participatif pour élaborer des politiques et une législation.

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“…'navigate' these structures by providing legal information and supporting paralegals who know how to mobilize these laws (Jackson, 2011;Leonardi et al, 2011). Notes 1.…”

Section: Resultsmentioning

confidence: 99%

Can Legal Pluralism Advance Human Rights? How International Development Actors Can Contribute

Corradi

2013

Eur J Dev Res

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“…And most dangerously, the report found evidence to suggest that ascertainment has the potential to deepen ethnic divisions as groups race to develop their own formalized customary legal systems and promote them against others. 64,65 The most widely accepted form of customary restitution among pastoralists in the region is centered on bloodwealth payments. During the arbitration of a bloodwealth payment, a mediating party facilitates negotiations in which the circumstances of the crime as well as the individual attributes of the perpetrator and victim are taken into account in order to arrive at the number of cattle owed to the aggrieved party.…”

Section: Intercommunity Violence In Rural South Sudanmentioning

confidence: 99%

“…71 Anecdotally, experts with longstanding field experience in South Sudan report an even stronger bias toward reconciliatory mechanisms and compensation. 64,65 These discrepancies hold serious implications for intercommunal violence and instability in rural South Sudan. Statutory "justice" delivered along purely punitive lines may in fact do little to assuage the resentments of the aggrieved or to prevent them from seeking fulfillment of a sense of culturally valid justice by alternative means.…”

Section: Intercommunity Violence In Rural South Sudanmentioning

confidence: 99%

“Lost Generation” in South Sudan: A Broader Approach Toward Peace Urgently Needed

Wild

Fallavier

Patel

2019

Disaster med. public health prep.

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What began in 2013 as the eruption of a political struggle between forces loyal to President Salva Kiir, a member of the Dinka ethnic group, and then–vice president Riek Machar, a Nuer, has splintered into a multifaction conflict. A dizzying array of armed groups have entered the fray, many unmotivated by political leverage that conventionally brings parties to a conflict to the negotiating table. Two years and tens of thousands of deaths after the 2015 signing of the Agreement on the Resolution of the Conflict in South Sudan, with no substantive progress toward meetings its terms, it is unrealistic to think that Intergovernmental Authority on Development’s recently announced High-Level Revitalization Forum will be sufficient to address the drivers of this conflict. Current policy proposals are poorly designed to address escalating intercommunal conflict and cattle raiding, both devastating forms of violence. As measures at the international level continue to be pursued, the conflict resolution strategy should also include a more comprehensive approach incorporating local actors in order to build momentum toward long-term stability. In this article, we highlight gaps in the current dialogue around a political solution in South Sudan, as well as domains that must be part of the next push for peace. (Disaster Med Public Health Preparedness. 2019;13:663–671)

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“…One significant change made by government officials to compensation since the 1930s, as mentioned above, was the attempted standardization of payments imposed by the chiefs’ courts (Leonardi et al . 2010). It was hoped that standardization would ease the exchange of compensation and promote the peaceful redress of grievances.…”

Section: Compensation and Revenge Since 2005: Elite Interference Withmentioning

confidence: 99%

‘The dead are just to drink from’: recycling ideas of revenge among the western Dinka, South Sudan

Pendle¹

2018

Africa

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Governments in South Sudan have long built their authority on their ability to fashion changing regimes of revenge and compensation, war and peace. Governments’ capture of these regimes has resulted in the secularization of compensation despite the ongoing spiritual consequences of lethal violence. This article explores these issues by focusing on the western Dinka of Greater Gogrial. In recent years, they have been closely linked to the highest levels of government through familial networks and comradeship. Violent revenge among the western Dinka is best understood not as revealing the absence of institutions of government, but as a consequence of the projection of government power over the details of local, normative codes and sanctions. In this age of post-state violence with automatic weapons, oil-wealthy elites and ambiguous rights, government authority and intention have often been erratic. As government authority now backs up these regimes of compensation and revenge, governments’ shifting nature has reshaped their meaning. In the last decade, the declining political space for peace and the disruption of the cattle economy has undermined the current value of compensation and its ability to appease the spiritual and moral demands for revenge. It has even distorted regimes to the extent that children become legitimate targets for revenge. The article is informed by archival sources and based on ethnographic research among the western Dinka (South Sudan) between 2010 and 2013, and further research in South Sudan until 2015.

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The Politics of Customary Law Ascertainment in South Sudan

Cited by 12 publications

References 10 publications

Can Legal Pluralism Advance Human Rights? How International Development Actors Can Contribute

Can Legal Pluralism Advance Human Rights? How International Development Actors Can Contribute

“Lost Generation” in South Sudan: A Broader Approach Toward Peace Urgently Needed

‘The dead are just to drink from’: recycling ideas of revenge among the western Dinka, South Sudan

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