By Lodu William Odiya
The United Nations Commissioner for Human Rights in South Sudan, Carlos Castresana Fernández, said being a signatory to a peace agreement does not provide immunity from prosecution or guarantee impunity for international crimes.
Speaking during a press conference in Juba, Castresana said accountability should apply to everyone regardless of political position, while emphasizing that any prosecution must comply with international standards for a fair and independent trial.
“The fact that someone is a signatory of the peace agreement does not give any immunity from prosecution and does not guarantee any impunity for crimes of which anyone is responsible,” he said.
His remarks come amid questions surrounding the case involving First Vice President and SPLM-IO leader Riek Machar and whether his political status or participation in peace agreements could shield him from prosecution.
Castresana said the central issues in determining whether a prosecution is justified include the independence of the tribunal, whether the accused is granted full rights of defense, and whether there is sufficient evidence linking the individual’s specific conduct to the alleged crimes.
He stressed that accountability should not be determined by a person’s political position but through proper judicial processes that meet internationally recognised standards.
The UN human rights official also explained that his mandate includes monitoring human rights violations and gathering evidence of serious international crimes.
According to Castresana, such evidence could potentially be used by transitional justice mechanisms established to address serious violations committed during South Sudan’s conflicts, including the proposed Hybrid Court for South Sudan.
He said the Hybrid Court should not be regarded as an infringement on South Sudan’s sovereignty.
Instead, Castresana described it as a mechanism that would bring together South Sudanese and international judges and prosecutors to strengthen the pursuit of accountability and justice.
The proposed court is part of the transitional justice arrangements envisioned under South Sudan’s peace process and is intended to address serious crimes committed during periods of conflict.
Castresana’s comments underline the importance of ensuring that accountability processes are independent and based on evidence rather than political considerations.
He also emphasized that while those accused of serious crimes must be held accountable where evidence supports prosecution, they must equally be guaranteed the right to a fair and independent trial.
The UN official’s position places renewed focus on the balance between accountability and due process as South Sudan continues efforts to implement transitional justice measures and address the legacy of conflict.
For South Sudan, ensuring that justice mechanisms are credible, independent, and consistent with international standards will be essential to building public confidence and preventing impunity.