Category: Opinions Written by The Nation Mirror Admin
By Barnabas Aguer Deng.
The disparity collective prime function, of federalism under the rules of law is that, what is considered claims diametrically opposed capital offences in law as moral wrong, in Western Bhar el Gazelle State for example cease not to be criminal offences and sentence not in Central Equatorial States. As a result these difficulties seem impossible for laws and doubt correct and that federalism nonsense and offer a degree of inequality and dangerous to persecute whomever, undermined incidental and prove discretion to it’s purpose, its activities treat citizen differently.
Thus absurd to apply for excessive, South Sudan Legal System has spawned the general rules, can entrench satisfy, the public that they need law to regulate formal equality in given condition. That nation need peace by treating all the same perpetrators, person in appropriate, impunity, ensure that the rule should bring them to the court of justices.
But I observed too that federalism is not only a punishment OR criminalized as a solution by Rebel leader Riek Machar for not accepting Peace, as Personal Defense Mechanism but inadequately reflect revulsion antipathetic, and injustices to the Same Citizen.
The devise law the legitimate practice, the notion out to frame law, means the federalism particular end in people’s mind as good idea, but characteristic turned to immoral purpose of federalism in certain areas, as secured by rebels, believe presumably disputed and laid out difficult to proportionate, unclear and thought with government policies.
WHAT IS FEDERALIST PAPER?
The Federalist paper is defined as the collective name given to a series of Easy written by.
a) John Joy -1745-1829 C.E.
b) Alexander Hamilton 1755- 1829
c) James Madison 1751- 1836’
The purpose of the Federalist paper was in the support of the newly proposed, federal Constitution for the Unites State of American.
This was done by using what was known by then as Pseudonym” Publius” the three author wrote a series of letter addressed to the Public at New York in a Newspaper between October 1787 and August 1788.
Their intention established expectation and purely publically clear that they have had consistently, capricious government in systematically, explain to the public, the ideas overridden, and the final product of the Constitutional convention of 1787.
As the three accounts outline the legal process and so politician does likewise they (three men) had been delegated to the Constitutional Convention authorized to determine the rule of law at the Constitutional Convention in Philadelphia.
John Joy a lawyer and the Principal author of the Constitution of the state of (New York 1777) he was later appointed as Chief Justices of the Supreme Court.
Hamilton legal mind and lawyer, he served as Secretary of Treasury, in Washington Administration, influential in early federal policy.
Although the expectation of federalism might suddenly attract the public, the Governor of Western Equatoria argued during the Interview with Garang John of SSTV, but his scheme of representation raised no support for ratification.
The effect had no efficacy, only open obnoxious of an individual and found incompatible with pure democracy, patronized different prospect and that had been spectacles of turbulence and enlarged the contention, that federalism may cause faction and cannot be established in South Sudan today.
Potential although some try the rule but MR. Governor couldn’t provide insight into the different if not total inference only effect pronounced derives of sphere of political operative’s theorist.
It should be noted that to refine the medium of the chosen body of the citizen in South Sudan, is the perfect, the equality in their political right to have Peace administered in the mischief of faction, but not Federalism.
From the view of citizen, coexistence is attainable in local situation of the majority, and the evidence carry into the effect of their friends from other tribes, to attain social interaction, and no general conflagration through other community.
In the course of preceding the entire face of it secret of unjust and interest majority belief that complicated of improper project particular on the tribal men endeavored, fellow-citizen to place misrepresentation that it’s was tribal war between Dinka and Nuer, easily involved the other communities.
Whoever has a right to the end every person in the country been on the decision of controversies against the injuries of other, between the SPLM/SPLA in opposition and to the sovereignties, the so called G11 + which may raise to judging concern the facts that, they are one subject in vain, there is no PEACE enhanced by Peaceful Resolution, war is the defense of all.
Reinforcement and disturbstance, repugnant comes from Khartoum assembled armed at the expense thereof strength of an armies under one command, that is, in charge of rewarding with Sudan flag, encouraging of Rebels to massively kill and reject peace.
Undaunted the Groups 11+ persistent, conduct governing of opinion in trying to persuade the IGAD telling them of remaining neutral and wanted no part of war by peaceful relationship between the two parties.
Then the disaster, struck among them, they fit emulation, quarrels, and faction and of course destructives to the December coup attempt, there have a cold calculus power of politics, and desired neutrality, failing the Peace Talk in Addis Ababa.
What they can and choosing to do both in “Peace and in War” unreasonable the weak suffer, they have been part of this logic, their extraneous pressure equally to the public feasible execution generate revolutionary in the country.
Whatsoever wards the people of South Sudan ought considering the greatest loss in expected the damage course that company civil war sensible in reserves miseries coercive drawn by the rebel, that destroy the nation and prospect moral Principle is their passion and self- love.
The interpretation applied shooting at civilian deter the wrong doer and to political realist such prudent that, the custody should be imposed on rebels from committing such offence in the future, not only the dangers hazardous timidity but matter of concern at the recent coup attempt.
In the previous objectives against national vital the overriding principle in line with numerous crime committed,violence serious of sexual offence the prevision of criminal justices, human right claim the redefining neutrality claim by group 11+ the moral intention of humanitarian dominant and purpose confronted with its action result.
However more influential at one time the only authority seem to be clearly intended deliberately, premeditated destruction of specific population, attracted to legal construct an act that permanently takes guilty mind right in respect to a strict liability.
For the major attention, categories, traction and effectives targeting, population in Bor, Malakal and Bentiu in the outbreak of war, massive collection of the dead bodies eventually lend in an International jurisprudent that there is a crime under the International law and that call and satisfied atrocities. The deliberately, and system extermination of people in Upper Nile State, Bor and, the Unity State (the Mosque in Bentiu), during the recently war, course an international suffering to country, this violation of Human Right and atrocities must be subjected to Crime Against Humanity.
The law will take, it’s course the effective died prior, destroying certain ethnic, or groups and imposing, national destruction the first official to sentence were the twenty four Nazi official by the International Military Tribunal (IMT) at Nuremberg (the Nuremberg Tribunal) IMT International Military Tribunal at Nuremberg 1946. They charged the defendants with Crime against Peace and Crime against Humanity and war crimes. This could be possible seen by ourselves and always equally the friend of the public, the circumstances of the politico, undermined the sharing creams to the peace, authoritarianism, proves incompatible, separate different,” internal“war including tribal war, disregarded and equally consider as conflict of Rival parties. In legal view the political context influence the local population if not sectional serves public and could be difficult to determine whether government action and Rebel greediness’ speaks to it selves and action serves not peace,rather but bad faithful of devastations.
The only available democracy is capable, of promoting laws in South Sudan and for evaluation there is a need of political pressure and that pursue greet and national object and that need investigated, more fully such that justices frame work could be deliver and applied further to legalistic.
Under law the circumstance coding by the IGAD and individual parties involved, dimension of Human Right, individualcomposing significant trade-off defensive’stribal being applied wars, vocalized rioting widely dispensed turmoil. Organized, and apparently found of the same party.
In the first and measure ought to be ought misreport that its purport the tribal war, consistently that, under –report actually measure systematic, highly problematic, the devolution and truth justice had to prevail.
It should be noted that the remark that Angelic rectitude and a divine omniscience that rise to Ngundang, confused and established no character to the people of South Sudan.
The constitution stipulated, and maintenance of independent fundamental transformation of political order that uphold dignity of man as on individual, oppressed and could not posses completely the even base data, would judge by itself translate such judgment into quantitative, narratives information.
By enlarging too number of division, smaller the society combination in thus respect, the great, and too little fit in small Republic the consequently there will fit not to comprehend national objectives.
Hence it clearly that the coup has a common motive that developed civil war and personal Rebellion and Civil disturbance, the people disagree reasonably general aims consistence of December coup attempt. This laid at the heart of different view the attribute of revolutions, the ideas, passes and distinct Humanity dignity equal under the laws, social economical and education and cultural, tradition only mimic, sovereignty, and could be accounted as prevalence symptoms, national distress. Inclusion in1948 the United Nations Convention on the Punishment and Prevention of the Crime of Genocide (Genocide Convention) the policies out comes most extreme obligate the state parties to punish and prevent Genocide. However, although it’s usually involved attention South Sudan is a part of the Treaty under the “International Jurisprudent,” morally political, and epistemological position, the killing of the children purpose of destruction, rapes and demonstrate Genocide intend to destroy, campaign of violence, deliberately require and exercise of judgment, whether aiding, joint enterprise and abetting
Must swimmy short hard case in the law court.
The writer is a South Sudanese Legal Consultant and analyst