South Sudan High Court: No Automatic Territorial Disputes Resolution in Upcoming Elections

• South Sudan's National Elections Commission has confirmed December 22, 2026 as the election date.
• The country is plagued by intercommunal violence, with constant reports of revenge killings and competition over natural resources.
• Territorial disputes have already led to deadly violence in various parts of South Sudan, including the Warrap-Lakes-Unity tri-state area and Jonglei.
• Unresolved international questions, such as Abyei and the Ilemi Triangle, add to the country's instability.

The greater danger is that an election could become the trigger that connects South Sudan’s already-burning political, military, communal, territorial, and constitutional fault lines into one national conflagration.

As South Sudan approaches its election date on December 22, 2026, the country is teetering on the brink of disaster. The National Elections Commission has confirmed the election date and announced the use of geographical constituencies based on the 2010 boundaries. However, the preparations for the elections remain marred by outstanding questions concerning voter registration, civic education, election security, the census, and other transitional benchmarks. These issues have been exacerbated by the country's ongoing intercommunal violence, which has resulted in constant reports of revenge killings, cattle raiding, and competition over natural resources across various states. The international community should be asking not just whether South Sudan can hold elections, but what will happen to the country after an election whose result is rejected by powerful actors.

South Sudan's territorial disputes are not theoretical; they have already led to deadly violence in various parts of the country. In the Warrap-Lakes-Unity tri-state area, disputes over grazing land and boundaries have resulted in clashes between communities. The UN has reported tensions between the Luanyjang and Pakam communities around Maper along the Warrap-Lakes boundary, while the Small Arms Survey has documented how control of the Ruweng-Unity area effectively divided Ruweng geographically. In Jonglei, a dispute over Biothagany has demonstrated how even small areas can become deadly questions of ownership. These territorial disputes are not limited to internal boundaries; they also involve unresolved international questions, including Abyei and the Ilemi Triangle.

When an election is held in a country with such deep-seated territorial disputes, it can become a trigger for violence. In South Sudan, where political representation is geographically organized, electoral constituencies are not just lines on a map; they determine who governs, who collects revenue, and whose historical claim receives recognition. If the result of an election is rejected by powerful actors, it could lead to a national conflagration. The international community should be aware of this risk and advise their clients accordingly.

Lawyers advising clients with interests in South Sudan should be aware of the potential for electoral-related territorial disputes to escalate into violence, and advise their clients on contingency planning and risk mitigation strategies.

Source: Original reporting via The New York Times Opinion section