UN Calls for Urgent Establishment of Hybrid Court in South Sudan
By Kidega Livingstone
The United Nations Commission on Human Rights in South Sudan has renewed its call for the establishment of the Hybrid Court—a transitional justice mechanism enshrined in Chapter V of the 2018 Revitalized Agreement on the Resolution of the Conflict in South Sudan.
More than a decade after the conflict began in December 2013, South Sudanese victims are still awaiting credible justice measures and reparations for the serious violations and crimes they suffered. Despite repeated appeals by the African Union Peace and Security Council in March and June 2025 for the Government of South Sudan to collaborate with the AU on drafting guidelines and modalities for the Hybrid Court, no significant progress has been made.
“More than ever, justice is essential for South Sudan. The promises made to victims years ago remain unmet. The Hybrid Court must move from paper to concrete action. The African Union has the mandate and the moral responsibility to ensure holistic transitional justice for South Sudan in line with its Transitional Justice Policy,” said the Commission’s Chair, Yasmin Sooka, during a session at the African Union Headquarters in Addis Ababa on Monday.
“A Hybrid Court that delivers accountability for past crimes while at the same time strengthening South Sudan’s own justice institutions—based on complementarity— can leave a transformative legacy: strengthening cohesion, the rule of law, and human rights in the country,” she added.
The Commission also noted a worrying increase in armed clashes, which have forced large numbers of South Sudanese to flee their homes. According to recent reports As of late 2024, about 2 million South Sudanese are internally displaced. Around 2.3 million are refugees or asylum-seekers in neighbouring countries. The return of South Sudanese from Sudan added pressure to an already overstretched system.
Women continue to bear a disproportionate share of the burden, suffering higher risks from displacement and conflict.
Commissioner Carlos Castresana Fernández emphasized“Credible and independent mechanisms for justice and accountability are needed to deter repeated cycles of atrocities, break cycles of impunity, and heal the wounds of war. The AU and regional partners must act now—not only to prevent another war, but to build the foundations of a just peace, based on the rule of law.”
In Addis Ababa, the Commission consulted widely: with the AU Ad Hoc Committee on South Sudan (the “C5 group”), members of the AU Peace and Security Council, the African Commission on Human and Peoples’ Rights, UN agencies, IGAD, and senior AU legal officials.
The UN Commission stressed the importance of stepping up regional efforts to de-escalate political tensions and armed confrontations. It urged rapid and sustained progress toward a holistic transitional justice agenda. In particular, it pressed the AU’s Office of the Legal Counsel to accelerate the development of broad guidelines for establishing the Hybrid Court, complementing ongoing efforts to operationalize both the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA)