A special court in South Sudan has ruled that it does have the jurisdiction to prosecute suspended Vice-President Riek Machar and seven co-accused, who are charged with murder, treason, and crimes against humanity.
The court dismissed all objections raised by Machar's legal team concerning the authority of the court, the constitutionality of the proceedings, and claims of immunity from prosecution. The case is set to continue on Wednesday.
Machar has characterized the charges brought against him two weeks ago as a political witch-hunt, raising concerns about a potential return to civil war.
These charges stem from a militia attack allegedly linked to Machar, which resulted in the deaths of 250 soldiers and a general.
Since the attack, Machar has been under house arrest. His defense team has argued that these alleged crimes should fall under the jurisdiction of a hybrid court as stipulated in the 2018 Peace Agreement that marked the end of the five-year civil war between forces loyal to Machar and President Salva Kiir.
However, the court contended that it rightfully has the authority to try national offenses as a hybrid court has not yet been established.
Judge James Alala ruled that the special court enjoys jurisdiction based on the Transitional Constitution of 2011, as amended. He further clarified that Machar does not possess constitutional immunity, which is reserved for the sitting president.
The court expelled two of Machar's lawyers due to issues pertaining to their licenses, allowing their participation only upon resolution of licensing matters.
Machar's lead lawyer expressed that their client and co-accused are victims of a politically charged media campaign, arguing that it undermines the presumption of innocence guaranteed by their rights under the law.
The recent developments have ignited fears of escalating conflict within South Sudan, prompting calls for calm from international bodies including the UN and the African Union.
