Universidade Nova de Lisboa

Nova School of Law

The Armed Conflict in South Sudan and Its danger to the

International Security

ANA MÊLISSA FERREIRA

6802

International Security Law

Prof. Francisco Pereira Coutinho
RESUME: The present work aims to address the armed conflict in South Sudan and its
threat to international security.
In this work, we begin by making a historical context of the conflict, followed by the
United Nations mission in the country, ending with a brief explanation of why this
situation is still considered a risk to international security.

2
Index
Introduction..................................................................................................................................4
Conflict Origin.............................................................................................................................5
Internalization of Conflict and the Use of Force..........................................................................7
United Nations Mission in South Sudan.......................................................................................9
How the ineffectiveness of UNMISS contributed to the consolidation of a threat to International
Security......................................................................................................................................10
Conclusion.................................................................................................................................13

3
Introduction

There are several areas of the plant where there are no recent memories of a climate of peace.

South Sudan is one of these zones.

A news report from RTP tells us that ten years after the independence of South Sudan, the
population still fears that civil war will resume. 1

Its population only knows civil wars, hunger, and dependence on international communities.

Although the UN's mission has been going on for ten years, it does not reach all citizens and it
is unrealistic in the face of problems.

With the transformation of the concept of war and a greater concern for the protection of
human rights, threats to international security have also changed.

It is also necessary to mention the importance of the United Nations mission, as an intervener
in this process of reconstruction in South Sudan.

1
RTP SITE : https://www.rtp.pt/noticias/mundo/dez-anos-apos-a-independencia-o-sudao-do-sul-ainda-
teme-o-regresso-da-guerra_n133429. Las visited on 20

4
 Conflict Origin

To talk about the armed conflict in the world's newest country, South Sudan, it is
necessary to go back to the time when South Sudan and Sudan were a single state.

It is an unstable region, scarred and born of armed conflicts.

Sudan becomes independent in 1956, then we have the first major civil war. The
political instability was a result of conflicts between the predominantly Muslim north
and the Christian south. Furthermore, we have economic problems and ethnic conflicts
resulting in multiple human rights violations.

This situation has always been in the sights of the United Nations. Security Council
Resolution No. 1054 in 1956 imposed several sanctions on Sudan for constant
violations of international law, accusing it of undermining international peace and
security.

It was only in 2005 that a peace agreement was reached between the Islamic
government and the Sudan People's Liberation Army, which represented the opposition.

One of the consequences of this agreement was the separation and autonomy of the
southern region of the country, for six years, projecting the possible independence in the
future.

The Comprehensive Peace Agreement established an interim government, defined the

borders, and outlined the rules on the sharing of oil profits

Despite the desired peace, it was not possible to achieve it. In addition to the fact that
the parties did not respect the Comprehensive Peace Agreement, the threat of the LRA-
Lord Resistance Army was growing. The main targets of the conflict were the non-
combatant population, the number of child soldiers soared, as well as reports of other
violations of international humanitarian law.

The Security Council decided to increase the number of military and police forces of
the United Mission in Sudan - UNMIS and to increase the mandate.2

5
 In 2011, after elections and referendum on the separation of the South and North of the
State of Sudan, South Sudan is finally independent, being admitted, in the same year, as
a member of the United Nations.

 Post-independence

After two civil wars, six years of uncertainty, South Sudan is finally independent. With
that independence comes hope for peace, political and economic prosperity.

However, southern Sudan's aspirations were just dreams.

We are talking about a country that had a very high illiteracy rate, where the basis of
the economy comes from agricultural activity and oil exports, which suffers from the
consequences of continuous ethnic conflicts and climate change.

In addition to internal conflicts, the relationship with Sudan remained unstable. First,
because the borders were not well defined, there were areas where there was no
effective control, neither by South Sudan nor by Sudan, then the issues related to the
citizenship of the South Sudanese population living in Sudan, and mainly, the partition
of oil profits

Sudan owned most of the refineries, but most of the oil is in South Sudan, 75% would
have to pass through Sudan to be exported paying high transit fees.

Conflicts between the two countries quickly escalated, with even Sudan holding and
confiscating a shipment.

Tensions between the various ethnic groups residing in South Sudan increases and in
December 2012 we again have a new civil war.

President Salva Kiir was heavily criticized for his ineffectiveness of government and
favouring the Dinka ethnic group.

His biggest rival was also his Vice President Riek Machar, who ends up fleeing South
Sudan and forming another party, The Sudan People's Liberation Movement-in-
Opposition. A new actor appears in this armed conflict.

6
 A civil war with a political and ethnic character, with the use of child soldiers, where
access to humanitarian aid is often denied, leading to large migratory movements.

The South Sudanese government ends up receiving support from Uganda.

 Peace Agreement 2015

In 2015, a peace agreement, moderated by the Intergovernmental Authority on

Development, was signed between the two major political forces, The Sudan People's
Liberation Movement-in-Opposition, and the government (The Sudan People's
Liberation Movement).

It was recommended that the hostilities end, that the demobilization, disarmament, and
reintegration-DDR Program be implemented, it was asked for a better power-sharing
between the two political forces, the establishment of a transitional government until
future elections, and that, the mandatory guarantee of access to humanitarian aid and the
security of international bodies.

The problem is that this armed conflict has as its main instigator the struggle of egos
between President Salva Kiir and his Vice President Riek, who sometimes goes into
exile and returns to the country as soon as he is offered more power.

It seems that no one is truly concerned about the population and its safety.

Therefore, despite all efforts, in 2018, we once again experienced a wave of

widespread violence, with evidence of ethnic cleansing, carried out by the Dinka to the
Neurs.

Afterwards, Vice President Machar returns to South Sudan, and IGAD manages to
bring together the interested parties so that a real and definitive peace agreement could
be reached.

A new government is then established, where 35% of its composition would be

women, and the state's main objective would be to make the security of the population a
priority.

7
 From 2018 until now, the levels of violence have decreased, however, the South Sudan
population is far from living in peace

Internalization of Conflict and the Use of Force

The armed conflict in South Sudan is so complex, due to its actors and its history, that
it is difficult to define.

When it gains its independence in 2011, South Sudan faces civil war in the country, so
it would be a non-international armed conflict.

However, Sudan was also involved in the conflict, in the border areas with South
Sudan, we have the presence of the Lord Resistance Army-LRA, and Uganda's
interference, with the supply of arms and direct military intervention.

Non-international armed conflict must be constant, the use of force cannot be sporadic,
another characteristic is the organization of the parties to the conflict and military
coordination, the latter being the most difficult to prove.3

Normally, a non-international armed conflict is between the State and an armed group,
usually in states considered "failed", as nowadays we have the State of Somalia, or in
areas where the Government does not have effective control over that territory, as is the
case of South Sudan.

If these two criteria, established by Article 3 common to the Geneva Conventions, are
not met, neither the Conventions nor Additional Protocol II can be applied.

We still need to establish what an internationalized armed conflict is, we have the
example of Nicaragua, which became an internationalized conflict with the intervention
of the United States, according to the International Court of Justice.

3
Deyra, Michel (2001). International Humanitarian Law. 1st Edition, National Commission for the
Commemorations of the 50th Anniversary of the Universal Declaration of Human Rights and the United
Nations Decade for Human Rights Education, Office of Documentation and Comparative Law. Lisbon.
Pag. 102 a 104

8
 This intervention can be direct, which means, the State interferes in hostilities, or
indirectly because it only sent funds or equipment.4

This conflict begins as just a civil war and turns into something more.

It was also in the Tadic Judgment of the Criminal Court of the former Yugoslavia that
these characteristics were mentioned, as it was necessary to determine what type of
conflict was at stake, so that it was possible to determine Tadic's criminal responsibility,
therefore, whether or he had not violated the Geneva Conventions f 1949.5

Internationalized armed conflicts essentially give rise to a problem of which

Convention is applicable.

What happens is that everything is much easier for the international community when
the armed conflict is international, it is easy to recognize and therefore it is easier to
know which rules apply. It is also the case where the civilian population has more
protection.

To ensure the correct application of the International Humanitarian Law, the

classification of the type of conflict is done in court, otherwise, according to the opinion
of Professor Maria de Assunção do Vale Pereira, it would lead to abuse and
arbitrariness by the States involved in the armed conflict.6

However, this qualification is essential, not only for legal reasons but above all for
humanitarian reasons, especially nowadays when large parts of conflicts end up being
somewhat difficult to define by the international community.

In the case of South Sudan, despite starting a non-international armed conflict, it ends
up becoming international, thanks to the intervention of third parties.

If we consider that we are facing an identical situation in the case of Nicaragua vs. VS
USA, the intervention of Uganda can be considered as a use of force under article 2,
paragraph 4 of the Charter of the United Nations.

4
Deyra, Michel (2001). International Humanitarian Law. 1st Edition, National Commission for the
Commemorations of the 50th Anniversary of the Universal Declaration of Human Rights and the United
Nations Decade for Human Rights Education, Office of Documentation and Comparative Law. Lisbon.
Pag. 45 e 46
5
Pereira, Maria de Assunção (2014). Fundamental notions of international humanitarian law. 1st Edition,
Coimbra Editora. Coimbra.. Pag 91.
6
Pereira, Maria de Assunção (2014). Fundamental notions of international humanitarian law. 1st Edition,
Coimbra Editora. Coimbra. Pag. 86

9
 But as Uganda's interference was favourable to the Government of South Sudan, the
self-defence clause, provided for in Article 51 of the United Nations Charter, was never
invoked.

However, we only speak of legitimate defence if the response to the armed attack is
proportional, necessary and immediate, to prevent the attack from bearing fruit, that is,
it has yet to be ongoing. Article 51 of the Charter of the United Nations further tells us
that, prior to responding to the armed attack, the State must notify the Security Council
before exercising its right.

United Nations Mission in South Sudan

In 2011, South Sudan became independent and with it, the 52nd active UN peace
mission was born, in the same year, with the 1996 Security Council resolution of 8 July
2011.

For being an area where instability reigns due to constant conflicts, generalized
violence, hunger, droughts and a whole set of situations that lead to a major
humanitarian crisis.

Adding to the fact that South Sudan's institutions are unable to guarantee the security
of the civilian population and guarantee humanitarian aid.

It is based on these factors that the UN decides to invoke Chapter VII of the United
Nations Charter, believing that instability in South Sudan would be a threat to
international security.

The UN decides, in the first phase, to send 7000 military and 900 police forces, as well
as experts in human rights.

The aim is to guarantee security and help consolidate the state, provide military and
police support to South Sudan, guarantee humanitarian aid, and initiate the DDR
programs.

The Special Representative of the Secretary-General for Children and Armed Conflict
presented a brochure, which sets out the principles on which DDR programs should be

10
based. This makes special reference to three, the first is the individual's interest, the
second, the programs must face him, above all, as a victim and not as a violator of
human rights and, finally, his right to life and development.7

UNMISS takes a local approach, aimed at protecting civilians, working together with
NGOs and, presumably, the State of South Sudan.

The latter was also supposed to guarantee the necessary conditions for the mission to
be carried out, starting with the safety of its members.

The mission has established county support bases throughout the country.

With the increase of violence, in December 2013, a consequence of the confrontation

between President Salva Kiir, of the Dinka ethnic group and Vice President Riek
Machar, of the neur ethnic group, led to the adoption by the Security Council, of
resolution 2132 of 24th December 2013.8

The security council condemned the persistent violence against the population, namely
the attempt of ethnic cleansing by the Dinka to the neur, and the State's support to the
Dinka ethnic group, human rights violations such as the use of child soldiers and sexual
aggression as a form of war weapon, as well as the attacks on UNMISS bases that
served as a shelter for the population.

The UN decided to increase the military character of the peace option, for the sake of
security, reaffirming the idea of protecting civilians.

The direct consequence of the resolution was the deterioration of relations between the
State of South Sudan and the UN.

The government accused the UN of impartiality in the conflict and put even more
obstacles to its performance, even threatening the members of the mission. UNMISS
continued to accuse the government of attacking its own population.9

7
Children and Armed Conflict Site. “Reintegration of former child soldiers”. Last access on 10 of
December 2021 em: https://childrenandarmedconflict.un.org/wp-content/uploads/2018/09/Reintergration-
brochure-layout.pdf
8
Costa, Diana Félix da; Karlsrud, John(2013). “Contextualising Liberal Peacebuilding
for Local Circumstances: Unmiss and Local Peacebuilding In South Sudan” London.
Pag 2
9
Hunt, Charles; Holt, K. Victoria( 2020).”Wating for peace: A review of UNMISS
Political Strategy in South Sudan. Pag 2
11
 In 2015, the Agreement on the Resolution of the conflict in the Republic of South
Sudan was finally signed, in which the UN mission once again increases military power
and reinforces protection and support for the ceasefire mechanisms.10

However, in 2016, we will have another peace agreement, at the request of the
Intergovernmental Authority for Development -IGAD, after the last one was ineffective.

In recent years, the armed conflict has not been as active, thanks to the efforts of the
international community and IGAD.

How the ineffectiveness of UNMISS contributed to the

consolidation of a threat to International Security

Ten years after the beginning of UNMISS, we see that its effectiveness falls far short
of its expectations.

Even though it was a joint work between the UN, IGAD, African Union, other NGOs
and the State of South Sudan, the mission never managed to have effective control over
it, not even in the places where it was installed.11

Initially, the mission had a six-month mandate that was constantly renewed,
accompanied by sanctions by the Security Council.

There was never a long-term strategy. Even though, one of the objectives would be to
guarantee the government's effectiveness in the long term, to have political stability.

Another critique is the lack of coordination and communication between the entities
involved in the mission. It leads to arbitrary decisions that have direct consequences for
the mission.

Despite its great military and police power, the mission never used "all necessary
means" to protect civilians, with certain inertia on the part of the UNMISS, which

Day, HUNT; Yon, Rumalo(2019). “Assessing the effectiveness of the UNMISS”.

10

Norwegian Institute of International Affairs”. Olso

11
Hunt, Charles; Holt, K. Victoria( 2020).”Wating for peace: A review of UNMISS
Political Strategy in South Sudan. Pag 21
12
indirectly facilitated the increase in violence against the population, unable to exercise
the main objective of the mission.

Finally, the ineffectiveness of DDR programs. The truth is, the government was never
very interested in this aspect of UNMISS.

There was easy access to weapons and little integration of those involved in the
conflict.

Later this year, the Security Council, with resolution 2577, will renew the embargo
arms until May 31, 2022.

 A Threat to international security

The great justification for the UNMISS to still be active is precisely the fact that the
conflict in South Sudan is considered to be a threat to the international order.

It is no coincidence that South Sudanese rank third in the number of refugees in the
world.

The concept of security has changed, we are talking about security more focused on
the individual and their rights.

Hence, the doctrine considers that at this time, in addition to international armed
conflicts, civil wars, poverty, attacks on the environment, combined with the inertia of
the responsible State, do nothing to resolve them, it becomes the responsibility of the
international community to intervene.12

Furthermore, UNOCHA has increased in the past situations that should be considered a
threat to the international community, in addition to the aforementioned. For example

12
Official Site of UN- URL: https://www.un.org/en/our-work/maintain-international-
peace-and-security. Last visited on December 15 of 2021

13
health issues such as difficult access to medical departments, problems related to sexual
violence and sexually transmitted diseases, terrorism and political repression.13

Looking at the case of South Sudan, we see that practically all the situations are
foreseen occur.

We have an internationalized armed conflict, a government that attacks the population

itself, that supports the attacks of the Dinka against the Neur. We are talking about an
extremely poor population, which has seen their living conditions worsen even more
with constant conflicts. Extreme poverty has led to an increase in organized crime, from
trafficking in arms, animals and natural resources.

Not to mention the numerous problems of public health and the difficulty in accessing
it.

Then we have the environmental issues. We have a country where the economy is
based on agriculture and the exploitation of fossil fuels-oil, and which suffers a lot from
climate change.

As co, we have a scarcity of food, financial and public health resources.

Climate change does not directly cause armed conflicts but increases the instability and
precariousness of populations.14

This armed conflict is strongly marked by the use of mines, which still destroy the land
and injure countless people. Hence, a part of UNMISS is dedicated to the removal of
mines, which are still hidden.15

All these situations lead to large migratory movements, an increase in the number of
refugees and human trafficking.

It continues to be seen as a problem that affects international security, due to the high
number of migrants compared to the logistics and human resources capable of providing
a solution for these people.
13
Official site of UN- URL: https://www.un.org/en/chronicle/article/national-security-
versus-global-security. Last visited on December 15 of 2021

14

15

14
 These aspects have been constantly remade in Security Council Resolutions.

However, because it is so a farnsequence away, and an unstable area where UNMISS

has no effective control, its progress has been very slow and almost non-existent.

As long as this control does not exist, increasing the means of dialogue among
UNMISS members, increasing awareness of the real problems on the ground, it will be
very difficult to produce real effects.

The role of the international community seems to be contradictory, as in recent years

the number of civilians in the mission has been decreasing. Civilians who are capable of
supporting the populations in countless matters, but also the State institutions.

There seems to be a certain amount of self-indulgence in South Sudan.

Many of the measures that are called for in Security Council Resolutions only depend
on one thing on the part of States: will.

15
Conclusion

After travelling through time in this adventure that is the conflict in South Sudan, we
concluded that the same problems and fears of ten years ago are still the same, albeit on
a smaller scale.
Hence, as we have seen, the armed conflict in South Sudan continues to be considered a
threat to international peace, not only because of the instability of the conflict but
because of the effects it had on its population and the states around it.
The main culprits are those who delineate the missions because they are not aware of
the difficulties in the field and make the missions not very effective.
And the problem is general.
I conclude, just saying that if the United Nations wants to improve the results of its
missions, it has to look at the mistakes of the past, so that the missions are not eternal
but also that what happened in Afghanistan does not happen again.

16
Bibliography

 Books

Deyra, Michel (2001). International Humanitarian Law. 1st Edition, National

Commission for the Commemorations of the 50th Anniversary of the Universal
Declaration of Human Rights and the United Nations Decade for Human Rights
Education, Office of Documentation and Comparative Law. Lisbon

Pereira, Maria de Assunção; Iglesias, Maria Teresa Ponte(Coordination) (2011).

“Armed conflicts, post-conflict management and reconstruction”. 1st edition. Andavira
Editorial. Santiago de Compostela.

Pereira, Maria de Assunção do Vale, “Children in situations of armed conflict, in

particular, child soldiers” (2012). In: “Studies in Homage to Professor Doctor Heinrich
Ewald Hörster”. Publisher Almedina. Coimbra.

Vaugh. Christopher; Schomerus, Mareike; Uries, De Lotje(2013). “ The Borderland of

South Sudan: Authority and Identity in Contemporary and Historical Perspectives”. 1ª
Edition. Nova Iorque

Roscini, Marco(2014). "Cyber Operations and the Use of Force in International Law".
1st edition. Oxford University Press

 Master Thesis

Amara Correia, Ana Catarina (2013). Child Soldiers: The Problem in the Case of
Darfur. Master's Thesis in Human Rights at the University of Minho, School of Law.
Minho.

Burnay, Mariana(2019). "Armed Conflict and Sustainable Peace-Building: A Study on

the Civil War in South Sudan". Master's Thesis in Peace and War Studies in the New
International Relations. Autónoma University of Lisbon.

17
  Articles

Hendricks, Cherie; Lucy, Amanda(2013). "South Africa and South Sudan Lessons for
post-conflict development and peacebuilding partnerships". Institute for Security
Studies
Costa, Diana Félix da; Karlsrud, John(2013). “Contextualising Liberal Peacebuilding
for Local Circumstances: Unmiss and Local Peacebuilding In South Sudan” London
Costa, Diana Félix da; Coning, Cedric de (2013). “UNMISS County Support Bases:
Peacekeeping–Peacebuilding Nexus at Work?”. Norwegian Institute of International
Affairs. Oslo
Santos, Daniel Mendes Aguiar(2014). “International Relations, from States to
individuals: A Look at the United Nations Missions in South Sudan”. Brasil

Day, HUNT; Yon, Rumalo(2019). “Assessing the effectiveness of the UNMISS”.

Norwegian Institute of International Affairs”. Olso

Hunt, Charles; Holt, K. Victoria( 2020).”Wating for peace: A review of UNMISS

Political Strategy in South Sudan

 Sites
Official Site of UN- URL: https://www.un.org/en/our-work/maintain-international-
peace-and-security. Last visited on December 15 of 2021

Official site of UN- URL: https://www.un.org/en/chronicle/article/national-security-

versus-global-security. Last visited on December 15 of 2021

18