Legal Pluralism in Southern Sudan: Can the Rest of Africa Show the Way?

Tiernan Mennen

Abstract: 


Southern Sudan is in the midst of a massive transformation from a society ravaged by fifty years of war to a democracy governed by the rule of law and a modern judiciary. But is the south at risk of destroying important and effective traditional systems of dispute resolution and restorative justice in its quest for modernity? While legal pluralism does not have a perfect track record in Africa there might be important lessons that can be applied to the Southern Sudan context. This article combines analysis of previous African experiences with a current assessment of Southern Sudan judicial systems to propose a system of legal pluralism to shape the Southern Sudan legal framework.

About the Author: 

Tiernan Mennen is currently in Juba, Southern Sudan, coordinating rule of law programming for the International Rescue Committee in collaboration with the Ministry of Legal Affairs and the United Nations Development Programme. Mr. Mennen holds a J.D. from Cornell Law School and a master’s from SAIS-Johns Hopkins. Mr. Mennen would like to thank the chiefs of Southern Sudan and other local partners for their cooperation and support in developing the background research for this article.