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Opinion

The Fight Over Impunity in South Sudan

By David Lony Majak,

Opinion.

South Sudanese army soldiers take cover from the sun in the town of Paloch where one of South Sudan's last working petroleum facilities is located, on March 2, 2014.  AFP PHOTO / ANDREI PUNGOVSCHI (Photo credit should read ANDREI PUNGOVSCHI/AFP/Getty Images)
South Sudanese army soldiers take cover from the sun in the town of Paloch where one of South Sudan’s last working petroleum facilities is located, on March 2, 2014. AFP PHOTO / ANDREI PUNGOVSCHI (Photo credit should read ANDREI PUNGOVSCHI/AFP/Getty Images)

July 3, 2014(Nyamilepedia) — Surprisingly; after Six (6) months of long silence since the incident erupted in mid-December 15/2013, my mouth was shut down by political impunity rotating in the republic of south Sudan and around African Continent protecting columnists from analyzing the environmental challenges.

The words impunity is not so much a specific facet in the culmination of global issues, as it is a buzz word to represent the failure of the international community to adequately address the immunity perpetrators of heinous crimes have enjoyed elsewhere in the world. However, Political Forces are misdirecting the Efforts to establish transparent and Accountability but they failed to account for peace, unity in the Nation buildings.

The inability of major actors to conjure the political will to hold leaders of states and other individuals accountable for their war crimes and/or crimes against humanity has created a causal-nexus culture of impunity that welcomes further atrocity and despair for those on every part of the globe democratization. One part of the globe that has experienced a lamentably large portion of these atrocities in the world is the Continent of foolish Africans Citizens being invested by western world over their resources and geographical locations. Insecurity associated with the term “Failed States” are often images of violence and complete anarchy with their undiplomatic root causes.

The images from the movie dark heroes of tribalism are daily evils being cited by political conmen and political investors.The everyday chaoses reported in African countries are the first associations of the “Failed States” for African external Policy designers which they believed they cannot make it by themselves and doctrine by westerners to hate themselves. Lawlessness and crime rule in failed states where governments, judiciary, and laws once operated and reigned is seen as a back warded policies in most of African Nations. For example; a Public policy of this country, particularly the United States, was affected by a “Mogadishu (Somalia) effect” that lasted for a several years until transnational security issues and the terrorist attacks of September 11, 2001 prompted a rethinking of failed states and security.

For these reasons, the problem of impunity in Africa and around the world is considered as serious hindrance that develops threat to global security, development, and universal recognition of human rights. In more recent years there have been signs of impunity being addressed as a great social phenomenon for better Nations buildings; with the establishment of the International Criminal Court in 2002 (ICC) and the post conflict-specific tribunals that burgeoned from its inception, prosecutions have begun and new international law precedent has been established. These international bodies, in fact, have been the onlyvalid actors to adequately address the problem of impunity in Africa but have also involves themselves in most of African countries’ problems and created these unbelievable internal conflicts in different countries around the continent. Thefore; the legal framework behind humanitarian law and rules of rights are, more specifically war crimes, crimes against humanity, and genocide, comes out of international agreements and conventions.

While it was agreed that international intervention was not necessary to prosecute and try violators of humanitarian law, in the cases of Rwanda and Sierra Leone, the creation of internationally-established tribunals were deemed necessary. There have been criticisms by those favouring truth and reconciliation methods over punitive courts, that trying the accused does not create a new community without impunity for restoring of trust and the truth among the communities of that Nation. This presidingly advises that, there must be an emphasis on forgiveness, social regeneration, and not dwelling on the past issues. This simple help the affected ethics/tribes to understand from a legal framework and standpoint, if truth commissions are not addressing political actions nor are they providing institutionalized or authoritative deterrents, then the principle motivator for future conflict has not been addressed nor has the breach of humanitarian law in that conflict had been deterred.

In a more critical research carried out early this year by the writer of this article; in the case of Uganda that, the problem of corruption and the politicizing of courts is a common symptom of impunity in Africa as well as a consequent factor for continued breach of humanitarian law. In the case of Uganda, the government has dragged its feet in the passing of an ‘ICC bill’ that would ratify the Rome Statute and jurisprudence within Uganda to try crimes against humanity and genocide. Meanwhile, Uganda has begun proceedings against Thomas Kwoyelo, a former Lord’s Resistance Army (LRA) commander, on twelve counts of kidnapping with intent to murder. The reason for the lesser charge is, evidentially, to speed up proceedings, however, the more apparent reason is that the government is looking to gain from the conviction of an LRA commander in the midst of new conflict, while avoiding to ratify the ICC statute indirectly.

In this fear, nations are not only applying the law unfairly to meet their own agendas, as seen above, but perhaps more importantly the legal precedents they are setting establish motive for their political rivals to more resolutely remove them from power and utilise the courts in a similar fashionable design. The motive of writing this piece of article is to level the Political Careers, Corruption, and Impunity contrasts the political behavior of individual legislators on one or another in most across African countries. In another scenario; it also compares the actions of legislators under various regimes military believers and constitutional. Lastly, it engages in cross-national comparisons and political standpoint of African continent that contrast the behavior of Panamanian legislators with actions of representatives elsewhere. We always guided when telling truth for better unity and national interest, I bow to believed in national interest and programs which derail the unity of its people.

The writer is a columnist with national newspapers and can be reached on this; delonymajak@gmail.com

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