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South Sudan Court Upholds Jurisdiction to Try Former Vice President Riek Machar on Murder and Treason Charges
A special court in South Sudan has ruled that it has full legal authority to proceed with the prosecution of suspended First Vice President Riek Machar and seven of his associates, who face serious charges including murder, treason, and crimes against humanity.
The ruling, delivered on Monday in Juba, dismissed all preliminary objections raised by Machar’s defense team, paving the way for the trial to resume later this week.
Court Rejects Jurisdiction and Immunity Challenges
Machar’s legal representatives had argued that the national special court lacked jurisdiction to hear the case, citing provisions in the 2018 Revitalized Peace Agreement, which stipulated that serious conflict-related crimes should be referred to a hybrid court established with support from the African Union. They also claimed that Machar, as a sitting First Vice President, was entitled to constitutional immunity from prosecution.
However, Presiding Judge James Alala rejected both arguments, stating that under the Transitional Constitution of 2011 (as amended), the special court retains jurisdiction over national offenses, particularly as the hybrid court envisaged by the peace accord has yet to be operational.
“The special court enjoys jurisdiction to hear this matter in accordance with South Sudan’s transitional constitutional framework,” Judge Alala ruled. He further clarified that immunity provisions apply only to the President, not the Vice President, meaning Machar can lawfully face prosecution.
Charges and Background
The case stems from a March 2025 attack allegedly carried out by a militia group linked to Machar’s SPLM-IO faction, which reportedly resulted in the deaths of 250 soldiers and a senior military general. Authorities accused Machar of directing the assault, framing it as an attempt to destabilize the government led by President Salva Kiir.
Following the incident, Machar was placed under house arrest, and formal charges were filed against him earlier this month. The charges have reignited political tensions, raising concerns among observers about a potential relapse into conflict in the fragile nation, which only emerged from a five-year civil war in 2018.
Defense Decries Political Persecution
Machar has vehemently denied the accusations, describing the trial as a politically motivated witch-hunt orchestrated to sideline him ahead of the country’s next phase of political transition. His SPLM-IO party issued a strong statement condemning the trial as “unconstitutional,” labeling the proceedings a “kangaroo court” lacking legitimacy and fairness.
The defense also accused senior government officials of conducting a “politicized media campaign” that has undermined the presumption of innocence, arguing that public commentary by ministers has prejudiced the case.
Lead defense lawyer Geri Raimondo Legge Lubati told the court that such actions amount to “unlawful pre-judgment” and violate constitutional guarantees.
Court Expels Two Defense Lawyers
In a further setback to Machar’s legal team, the court disqualified two of his lawyers after the prosecution challenged their licensing credentials. Judge Alala ruled that the attorneys could only participate in future proceedings once their professional licenses are renewed.
International Reactions and Concerns
The case has drawn attention from regional and international stakeholders, including the United Nations, the African Union, and neighboring states, all of whom have urged calm and restraint. Analysts warn that the prosecution of a key opposition leader could strain the delicate power-sharing arrangement established under the 2018 peace deal.
With hearings set to continue on Wednesday, the trial is shaping up to be a critical test of South Sudan’s judicial independence, rule of law, and commitment to post-conflict reconciliation.