For several years, the United States championed the establishment of a criminal court in South Sudan to hold war criminals accountable for atrocities committed against civilians during the country’s devastating 2013 civil war. But the Biden administration appears to be giving up on the court in the face of South Sudan’s persistent refusal to set up a tribunal that could potentially uncover serious war crimes. In recent weeks, the U.S. State Department has signaled it is planning to reallocate most of the $5 million in funding it had earmarked for the court, sending some back to the U.S. Treasury and another portion to other programs in South Sudan.
The decision to take back the money reflects mounting frustration with South Sudanese President Salva Kiir Mayardit, who recently claimed the court is unnecessary, as well as with his chief rival, Vice President Riek Machar. But it also reflects a certain exasperation with the African Union (AU), which played a critical role in advocating for a regional tribunal to be staffed by AU and South Sudanese lawyers and judges. The AU—which has the authority to set up the court—has been reluctant to move ahead without buy-in from South Sudanese parties.
