A special court in South Sudan has determined that it possesses the jurisdiction to prosecute Riek Machar, the suspended Vice-President, along with seven co-accused, on charges of murder, treason, and crimes against humanity. The court rejected objections from Machar’s legal team concerning its authority, the constitutionality of the proceedings, and claims of his immunity from prosecution. The case is set to proceed on Wednesday.
Machar has labeled the charges, which were brought against him two weeks ago, as a political “witch-hunt.” These allegations arise from a militia attack in March that reportedly linked to Machar, resulting in the deaths of 250 soldiers and a general. Following this incident, Machar has been under house arrest.
Machar’s defense team contended that the alleged crimes should be addressed by a hybrid court organized by the African Union, as outlined in the 2018 Peace Agreement that concluded a five-year civil war. However, the court asserted that it has the authority to adjudicate national offenses since a hybrid court has not yet been implemented. Presiding Judge James Alala underscored that the court’s jurisdiction is supported by the Transitional Constitution of 2011, as amended.
The court also dismissed the argument regarding Machar’s immunity from prosecution, clarifying that such provisions apply only to the president. As a consequence, the court expelled two of Machar’s lawyers after the prosecution claimed they lacked valid licenses. The judge ruled that these lawyers could only resume participation upon renewing their licenses.
The ongoing legal situation has incited concerns about the potential for renewed conflict in South Sudan, which gained independence from Sudan in 2011 after a prolonged period of war. Various international bodies, including the UN and African Union, have called for calm in the region.
Source: https://www.bbc.com/news/articles/ckg3088dqw5o?at_medium=RSS&at_campaign=rss