Abstract

This article discusses the concepts of failure of states, fragility of states, and the prospects of peace in South Sudan. The article focuses specifically on judicial structural deformities in South Sudan under the qualitative and normative research methodologies, with structural functionalism as theoretical framework. Where preceding works had concentrated their South Sudanese peace-building recommendations on power-sharing mechanisms, this contribution emphasizes a long-term postviolence focus on the building of governance structures. The work recommends that while mediating in liberation struggles, it is critical for the intervening international community to consider the structures on ground, under which an envisaged independent state would thrive, as the prospects of enduring peace in the war-torn South Sudan are more dependent on the creation of such mechanisms than attempting to reconcile the defiant fighters.

Highlights

  • The two broad dimensions in which a state exists are the empirical and juridical dimensions (Jackson & Roseberg, 1982)

  • The principal characters in the ongoing civil war in South Sudan must be persuaded to embrace the path of enduring peace

  • The present situation in South Sudan reveals that while mediating in liberation struggles, it is necessary for the interceding international community to consider the structures on the ground, under which the envisaged independent state would function

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Summary

Introduction

The two broad dimensions in which a state exists are the empirical and juridical dimensions (Jackson & Roseberg, 1982). Functionalism refers to the maintenance of law, order, and stability by the state, through the instrumentalities of these institutions, otherwise regarded as structures of governance in the study. The current South Sudanese civil war began in 2013 (2 years after independence) as precipitated by rivalries between belligerent leaders of the new entity.

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