A special court in South Sudan has ruled that it has the jurisdiction to prosecute suspended Vice-President Riek Machar and seven co-accused on charges of murder, treason, and crimes against humanity.
The court’s decision, delivered on Monday, dismissed all objections by Machar’s legal team, including arguments that the proceedings were unconstitutional, that he enjoyed immunity from prosecution, and that the crimes should be tried by a hybrid African Union court under the 2018 Peace Agreement.
Court Ruling
Presiding Judge James Alala stated that the special court was empowered under the Transitional Constitution of 2011 (as amended) to try national offences, noting that a hybrid court has yet to be established.
On immunity claims, the judge clarified that only the president enjoys constitutional immunity:
“The First Vice-President does not have constitutional immunity, according to the transitional constitution.”
The court also expelled two of Machar’s lawyers, ruling that they could only return once they had renewed their practising licences.
Charges Against Machar
The charges stem from a March 2025 attack by a militia allegedly linked to Machar, in which 250 soldiers and a general were killed. Since the incident, Machar has been under house arrest.
Machar, however, dismissed the charges as a political “witch-hunt”, accusing the government of using the case to silence him. His lead lawyer, Geri Raimondo Legge Lubati, argued that ministers and senior officials had engaged in a politicised media campaign, undermining his client’s constitutional right to the presumption of innocence.
Fears of Renewed Conflict
The case has sparked deep concerns both domestically and internationally, with fears it could reignite conflict in the fragile nation. South Sudan only gained independence in 2011 after decades of war with Sudan, but has since endured a five-year civil war between forces loyal to Machar and President Salva Kiir.
The United Nations, the African Union, and neighbouring countries have all urged restraint, calling for calm as the proceedings continue.
The trial resumes on Wednesday, with observers watching closely to see whether the court’s ruling will inflame or ease tensions in the world’s youngest nation.
