Warrap State Green Book Legislation on Punishment has Caused Controversy

A recent press statement from INTREPID South Sudan has raised concerns regarding the Warrap State Conflict Resolution and Sustainable Development Act, 2024, also known as the Green Book.

According to Bol Deng Deng, the Executive Director of INTREPID South Sudan, the legislation unfairly exploits the death penalty provision in the Transitional Constitution of the Republic of South Sudan.

The Green Book, signed into law by the Government of Warrap State on February 21st, outlines punishments for crimes such as cattle raiding, revenge killings, force marriage, rape, kidnapping, hate speech, and bribery. While these issues are acknowledged as significant challenges in the region, the concern lies in the use of the death penalty for offenses that may not meet the criteria of “extremely serious crimes” as outlined in the national constitution.

Article 21 of the Transitional Constitution restricts the use of the death penalty to specific cases and excludes certain groups such as minors, the elderly, and pregnant or lactating women. The Green Book, however, allows for the death penalty by firing squad in cases that may not meet the threshold of extreme severity. This discrepancy between the state legislation and the national laws raises questions about the consistency of the legal framework in South Sudan.

INTREPID South Sudan emphasizes the importance of aligning state laws with the national constitution to ensure the rule of law is upheld. While acknowledging the intent behind the Green Book to address local issues with local solutions, the organization urges the government to rectify the inconsistencies before the law is enforced in Warrap State.

As of February 2024, the debate over the Green Book and its implications on the justice system in South Sudan continues to be a topic of discussion among human rights advocates and legal experts.