AN EXAMINATION OF THE ROLE OF CONFLICT RESOLUTION MECHANISMS IN ARMED CONFLICT SITUATIONS: A CASE STUDY OF SOUTH SUDAN BY MOSES MAKER MAGOK LLB/16625/113/D F A DISSERTATION SUBMITTED TO THE SCHOOL OF LAW IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AW ARD OF THE DEGREE OF BACHELOR OF LAWS OF KAMP ALA INTERNATIONAL UNIVERSITY JANUARY, 2017 DECLARATION "I MOSES MAKER MAGOK declare that the work presented in this dissertation is original. It has never been presented to any other University or Institution. It is hereby presented in partial fulfillment of the requirements for the award of the Bachelor Degree in Law of Kampala International University". Signature: --~ -------- Date: _{?_ _j_~J~J:j- APPROVAL BY THE SUPERVISOR "I certify that I have supervised and read this study and that in my opinion, it conforms to acceptable standards of scholarly presentation and is fully in scope and quality as a di ssertation in partial fulfillment for the award of Degree of Bachelor of Law of Kampala International University". Name of Supervisor: Mr.Tajudeen Sanni Signature: -- ~ ------------ Date: ------b/J ---------------')_--- -------------1---:::r-- --------- ( ii DEDICATION I dedicate this book to my dear and lovely wife Deborah Yar Majok and the entire family of Dhor Athian Liai and to my parents both Dad and Mum namely: Magok Majok Dhor and lovely Mum Mary Nyitur Y omdit for their adequate supports and prayers they rendered to me during my studies that gave me success leading to award of Bachelor Degree of Laws of Kampala International University. iii ACKNOWLEDGEMENTS There are many people who deserve special thanks for helping me in getting the information about this research topic of which it had facilitated the completion of my thesis. First my special thank goes to my brother in-law Hon.Marik Nanga Marik and his wife Athiei Maguk Vlajok who is sister to me on the other hand, for their suppo1is they had rendered to me during my four years of undergraduate until I reached this time. I also owe special thanks to my sister Along Magok Majok and the rest of my sisters whom their names are not appear here. I also appreciate my brothers namely Matiok Magok, Matur Magok, Paul Malou Magok, Samuel Gai Magok. Mathew Laat Magok, for their supports both financially and morally including some of my brothers whom their names are not mentioned here. I would also like to registered my warmly thanks and appreciations to some of my uncles sons and cousins and some Pakam Youth who were wishing me success namely William Magak Machar ,William Mayat Nyiny,Peter Abo! Kachuol, Aleu Mourteer,William Deng KuoUoseph Muoth Meen,Marik Yep Manyuoi,Makuer Dok Muorwel,Kharbino Majok Chaat .\luonvel Matiok Gerry, ,Robert Makur Dok, Makom Magon, Daniel Wal Riak ,Paul Manyiel Matuol,Arop Kumbai ,Marual Machar .Bhargel Malou ,Peter Mathiang Mayorn,Manico i\lanyicl Kuch, and the other sons and cousins of mine whom their names are not stated here because of the space. My thanks also goes to some Pakam elders and uncles for their encouragements and supports they had rendered to me during my studies namely, Hon.Peter Manyiel Ater, former Minister of Social Welfare and Development former Lakes State, Hon. John Biliu Awuol former Commissioner former Rumbek North County, Hon.Madong Muorwel. not to forget Late Hon.Matoc Dut Machiu may his soul rest in peace. Finally, I would like first to repeat myself to give my particular thanks owed to those good friends of mine who were willingly supported me in good faith and honestly to have cornpletecl my studies namely Dut Malek Malual, Maker Paul Madit, Hon.Chol Tong Mayay former Governor, former Lakes State, Maria! Dongrin Ater, Jacob Madhieu. Yusif Pachong Maluat. Hon.Dut Makuet, Kuo! Majok Hon.Kongor Deng Kongor Deputy Governor Gok State. Dear all thanks you very much your supports is unforgettable. iv ABSTRACT The abbreviation ADR stand for Alternative Dispute Resolution. Basically on the abstract about this research, is to examine the role of Alternative Dispute Resolution in armed conflict situations like the South Sudan case that I am now researching about it. The brief statement in term of introduction is to define the term dispute that is encompasses in this thesis because the area of my research deal with the application of ADR and the legal frameworks which are supposed to be apply in armed conflict situation because disagreement doses not comes v\ithout dispute. The simple definition of the term dispute as subject matter of this research in armed conflict situation, "dispute" is indispensible part of societal interaction since the inception of human settlement. If it is not well taken and resolved early. dispute between two individuals will grow up and become threat to national security, peace and stability. which are the basis parameter to measure the development of the nation. With the objectives of settling dispute in a more justifiable means where all the parties to the conflict have to accept to negotiate and agreed on the principles and the terms of the agreement. The ADR as method of settlement has its own jurisdictions where it can be apply and \vhere it does not apply or covers, the objectives of this research is about the roles and mechanisms provides by ADR in the arms conflict for the case of South Sudan before and after independence. It has means of helping the parties to bring peace and also to find the way forward whether ADR as a mechanism of resolving disputes can be the only way to bring lasting peace if the parties to the conflict have agreed on negotiation terms. An example of 15 th December 2013 South Sudan armed conflict was engineered within the ruling Political Party the Sudan People Liberation Movement (SPLM) on the issue of political changes and the amendments of the current SPLM Constitution of 2008. V List of cases Abyei Court of Arbitration at Hague in Netherland (July 2009) between Sudan Government vs. Sudan People Liberation Movement (Government of Southern Sudan) Brain Raftopoulos and Karin Alexander (2006) Claire Mc Envoy and Emile Lebrun, uncertain future: Armed violence in South Sudan, HSBA working paper No.20, April 2010 P, 13 Comprehensive Peace Agreement CPA (9 th January 2005) Sudan Government vs. Sudan People Liberation Movement / Army David Yau Yau SSDMCF vs. The Republic of South Sudan (2010-2012) Karl R.ReRoun and UK I--Ieo.civil wars of the world: World WarII.ABC-CLIO.P.744 Renegade late Gen.George Athor Deng vs. The Republic of South Sudan (2010-2011) Sally Baden (1997) at http:www.bridge.ids.ac.uk/Reports/ve40c.pdf.html Last accessecl/24/2014. Sam Tindifa.pdf.Last Accessed (25 th /March/ 2014) Samuel B Tindifa (2001) available Seymaoure; Lee J.M.P.200.Rev of Dougles-The Root causes of South Sudan,s Civil 2015 SPLM In-opposition Leader Dr.Riek Machar Teny, SPLM Political Detainees and other Political Parties vs. The Republic of South Sudan (15 th December 2013-2016) YoungJohnJune(2007) vi List of Statutes The Transitional Constitution of the Republic of South Sudan 2011 as amended Comprehensive Peace Agreement (CPA) between Sudan People Liberation Movement and the Republic of Sudan 9th January (2005) Addis Ababa Peace Agreement between the Government of the Republic of South Sudan and the Rebel SPLM In-opposition of Dr.Riek Machar and SPLM Political Detainees and other Political Parties signed in I i 11 -26th August(2015) under auspices of IGAD SPLM Arusha Peace Agreement Intra-Party for Reunification under auspices of Chama Cha Mapinduzi in Tanzania signed on 21 st January 2015 vii LIST OF ACRONYMS AAP A Addis Ababa Peace Agreement ABC Abyei Border Commission AA T Abyei Arbitration Tribunal ADR Alternative Dispute Resolution AU African Union CEA WC Committee for Eradication of Abduction of Women and Children CF Copra Faction CPA Comprehensive Peace Agreement COH Court of Hybrid COH Cessation of Hostilities DOP Declaration of Principles DRC Democratic Republic of Congo DSR Defense and Security Review DUP Democratic Unionist Party FVP First Vice President GONU Government of National Unity GOS Government of Sudan GPAA Greater Pibor Administrative Area GRSS Government of the Republic of South Sudan HAR Humanitarian Assistance and Reconstruction viii IDPs Internal Displaced Persons IGAD Inter-Governmental Authority on Development INGOS Indigenous Non-Organizations JMEC Joint Monitoring Evaluation Commission LRA Lord Resistant Army NIF National Islamic Front NTA National Transitional Assembly NUP National Unionist Party OPP Other Political Parties PSC Peace and Security Council PDF People's Defence Forces RCC Revolutionary Command Council SAA Special Arrangement Area SAF Sudan Army Forces SAL W Small Arms and Light Weapons SPLA Sudan People's Liberation Army SPLAIO Sudan People's Liberation Army In-Opposition SPLM-FDs Sudan People's Liberation Movement Former Detainees SPLM Sudan People's Liberation Movement SSCSP South Sudan Civil Society Groups SSDC P South Sudan Democratic Change Paiiy ix SSDMCF South Sudan Democratic Movement Copra Faction TGONU Transitional Government Of National unity TNA Transitional National Assembly UK United Kingdom UN United Nations UNICEF United Nations Children's Fund USA United States of America VP Vice President X TABLE OF CONTENTS DECLARATION ......................................................................................................................... i APPROVAL BY THE SUPERVISOR ....................................................................................... ii ACI<.NOWLEDGEMENTS ......................................................................................................