Between Tradition and Constitutionalism: Customary Justice and Human Rights in South Sudan

Abstract:

The customary justice system remains the principal mechanism for dispute resolution across many communities in South Sudan, particularly where formal justice institutions are inaccessible. Its accessibility, affordability, and restorative orientation have made it an integral component of the country’s plural legal system. Yet, the continued application of certain customary norms raises significant constitutional and human rights concerns, particularly regarding the protection and promotion of the rights of women and girls. This article, therefore, critically examines the relationship between customary justice, access to justice, and human rights within South Sudan’s plural legal order. Adopting a doctrinal legal research methodology, it analyses the constitutional and statutory provisions governing customary justice, together with relevant regional and international instruments, as well as academic and policy literature. The article argues that the challenge lies not in the existence of customary justice itself, but in ensuring that its operation conforms to constitutional principles and human rights standards. It concludes that meaningful harmonisation, strengthened institutional oversight, and effective implementation of existing legal safeguards are essential to preserving the legitimacy of customary justice while safeguarding fundamental rights.