South Sudan: Green Book Law Abuses Fuel Human Rights Violations

• The Green Book legislation, enacted in South Sudan's Lakes (2022) and Warrap (2024) states, authorizes execution by firing squad for offenses including cattle raiding, murder, rape, and kidnapping.
• Critics argue the law violates constitutional rights to fair trial and legal representation, while UN investigators have documented extrajudicial killings for minor offenses.
• Despite some grassroots support driven by high levels of violence, activists report the law is selectively applied, with politically connected individuals often escaping punishment.
• Former parliamentarians contend local politicians exploit the legislation to settle scores, entrench power, and remove dissenting community leaders.
• The law's implementation is seen as fostering injustice and marginalization, failing to address core conflict drivers in a nation grappling with ongoing localized violence.

The selective application of the Green Book Law, coupled with its use to silence political opposition, undermines its stated goal of restoring order and instead fuels further injustice and crime.

South Sudan's Lakes and Warrap states have implemented a contentious legal framework known as the Green Book legislation, which has drawn significant criticism for its severe penalties and alleged human rights abuses. Enacted by lawmakers in Lakes state in 2022 and Warrap state in 2024, this legislation sanctions execution by firing squad for a range of offenses, including cattle raiding, murder, forced marriage, rape, and kidnapping. While some advocates claim the law has successfully targeted criminals and contributed to periods of reduced violent crime, particularly given the high levels of insecurity in these regions, its overall impact remains deeply divisive.

Critics contend that the legislation has instead fostered injustice and marginalization, failing to address the underlying causes of conflict. Despite gaining some grassroots support from communities desperate for an end to violence, the Green Book Law has been widely condemned by activists and local leaders. They argue that its implementation has led to a spate of human rights violations, raising serious concerns about the rule of law and due process in these central and northern South Sudanese states.

The Green Book legislation faces substantial criticism for allegedly violating fundamental constitutional guarantees. Opponents argue that the law undermines the right to a fair trial, access to legal representation, and the presumption of innocence, which are cornerstones of a just legal system. These concerns are amplified by findings from international bodies and local civil society groups.

United Nations human rights investigators have documented instances of extrajudicial killings for what are considered minor offenses. Furthermore, activists, including Daniel Laat Kon of the Community Empowerment for Progress Organization (CEPO), highlight the law's unfair and selective application, noting that individuals with ties to political leaders frequently evade the prescribed penalties. This perceived selectivity, according to Kon, not only compromises the law's effectiveness but also encourages further criminal activity by demonstrating that connections can circumvent justice, exacerbating South Sudan human rights violations.

The backdrop to the Green Book Law is South Sudan's protracted history of conflict since gaining independence in 2011. The nation endured a devastating civil war between 2013 and 2018, which claimed an estimated 400,000 lives. While a peace deal and unity government were established, local militias and self-defense groups were largely overlooked in the peace process, continuing to engage in hostilities across many parts of the country. Today, the peace agreement is reportedly unraveling, with a return to civil war looming and localized conflicts persistently flaring.

In this environment of pervasive violence, particularly in neighboring Lakes and Warrap states, communities have been ravaged by disputes over land boundaries and cattle theft. A recent incident in Tonj North county, Warrap state, exemplified this brutality, resulting in at least 60 deaths and 50 injuries following a mobilization of armed youth, marking one of the deadliest localized clashes this year. Daniel Laat Kon observed that the relentless cycles of cattle raiding, revenge killings, and mass displacement have driven many affected individuals to support any measure that promises protection, even if it means sacrificing basic rights, leading to the Green Book legislation being adopted “out of anger” rather than a well-considered need.

Beyond its stated purpose of curbing crime, the Green Book Law has been accused of serving as a tool for political manipulation and the consolidation of power. Juol Nhomngek, a parliamentarian and member of the SPLM-IO, asserts that local politicians have exploited the legislation from its inception to settle personal scores and entrench their authority. He cites instances in Warrap state where officials have removed community leaders critical of the authorities, and in Lakes state, where opponents of commissioners or the governor have been similarly displaced, with opposition members facing arrest.

Nhomngek further claims that the law has been unjustly applied against chiefs who dared to question those in power, granting the executive overwhelming authority without adequate accountability. This abuse of power, combined with the selective application of the South Sudan firing squad law, has dire consequences. Daniel Laat Kon warns that if individuals who commit serious crimes are seen to escape justice due to their connections or wealth, it will only encourage others to engage in similar illicit activities, thereby undermining the rule of law and exacerbating the very insecurity the Green Book Law purports to address.

Lawyers advising clients with operations or personnel in South Sudan's Lakes and Warrap states must be aware of the severe legal risks, including extrajudicial killings and lack of due process, under the controversial Green Book Law. This situation highlights significant human rights and compliance exposures, requiring careful risk assessment and mitigation strategies for any engagement in these regions.

Source: Original reporting via The New Humanitarian