In early February 2025, the White Army (constituted mainly by civilians from Nasir and Ulang) clashed with the South Sudan Peoples’ Defence Forces (SSPDF) leading to the death of SSPDF members, injuries to a peacekeeping personnel, and to members of the White Army. The White Army in previous conflicts was under the command of the Sudan Peoples’ Liberation Movement/Army in Opposition (SPLM/A-IO). The allegations that the SPLM/A-IO is directly or indirectly responsible for the attacks on the SSPDF and UN peacekeeper led to the arrest of Dr Riek Machar and other prominent SPLM/A-IO members. This article argues that the Revitalised Peace Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) underpins the legitimacy of the current government of national unity and further provides basis for dealing with its violators. Therefore, this article seeks to uncover the relevance of the R-ARCSS in maintaining peace amidst these ongoing disagreements.

The people of South Sudan had participated in civil wars with enormous consequences before independence from Sudan in 2011. Many hoped that the people of South Sudan would never experience violence again. Unfortunately, two years later, conflict erupted; this time between SSPDF and SPLM/A-IO.

The basis for these conflicts is tied to ‘ethnic factors and leadership personalities’. Given these conflicts, attempts have been made through peace agreements to bring and maintain peace in South Sudan.

The first peace agreement after the 2013 conflict was reached in 2015 but did not take long to ‘collapse’. However, this conundrum was addressed in 2018 with the signing of the R-ARCSS between the government of South Sudan (GOSS) and the SPLM/A-IO and other parties.

Connecting the White Army to the SPLM/A-IO

The GoSS has detained Dr Riek Machar and other members of the SPLM/A-IO. Their detention is connected to the possible role played by SPLM/A-IO members to the events that led to the death of SSPDF in Nasir and Ulang. The arrest could be in line with the agreement because article 2.1.10.10 requires parties to ‘ensure accountability for the breaches’ of its provisions. It further mandates parties under article 2.1.10.8 to ‘respect and ensure full compliance with international humanitarian law’.

While their detention may be in line with the agreement, holding them incommunicado is in contravention. In this respect, the way forward is to press charges and produce them before a competent court of law for either directly coordinating the Nasir and Ulang attacks or failing to hold the perpetrators accountable. The latter would be relevant if it is established that the White Army is still under the command of the SPLM/A-IO.

In the event that they are taken to court and are found guilty, it is presented that the government should request the SPLM/A-IO members that would replace them. However, if they are acquitted, they should be released and returned to their positions.

Disconnecting the White Army from the SPLM/A-IO

A ruling that vacates charges against the arrested SPLM/A-IO members would mean that the White Army is a non-state actor with no links to any party. In this light, the leaders that have been arrested should be released and engaged by the government on how to devise strategies to arrest the situation in Nasir and Ulang. Subsequently, they must collectively hold the White Army responsible for its actions in Nasir and Ulang. Notably, the A-ARCSS provides for the establishment of the Hybrid Court by the African Union with ‘majority of judges’ drawn from other African countries. The Court’s mandate is to entertain cases concerning genocide, crimes against humanity, war crimes and ‘other crimes under international’ and South Sudan laws ‘committed from 15^th December 2013 through the end of the Transitional Period’. This article suggests that this A-ARCSS accountability mechanism be established and employed.

Along the same line, the government must ensure that its forces fully comply with international humanitarian law: rules of engagement must be complied with and those that have breached these rules, for example, by having indiscriminately killed children, must be investigated and sanctioned for their actions. This approach means that the GoSS and the SPLM/A-IO continue to work together in ensuring the full implementation of the R-ARCSS.

Conclusion

The R-ARCSS rubber stamps the legitimacy of the government of national unity and further provides basis for holding those that have breached the provisions of the agreement accountable. Nevertheless, it does not support the incommunicado detention of the individuals alleged to have committed these violations.