A special court in South Sudan has ruled that it does have the jurisdiction to prosecute suspended Vice-President Riek Machar and seven co-accused, who are charged with murder, treason and crimes against humanity.
The court dismissed all objections by Machar's legal team regarding its authority, the constitutionality of the proceedings, and the claim that he was immune from prosecution. The case will continue on Wednesday.
Machar has dismissed the charges as a political witch-hunt and fears are mounting regarding a return to civil war in the country.
The charges stem from an attack in March by a militia allegedly linked to Machar, which resulted in the deaths of 250 soldiers and a general. Since then, he has been under house arrest.
Machar's defense team had argued that the alleged crimes should not be tried by a national court but rather by a hybrid court under the African Union, as stipulated in the 2018 Peace Agreement that ended the five-year civil war between his forces and those loyal to President Salva Kiir.
However, the court asserted it has the authority to try national offences since a hybrid court has not yet been established. Presiding Judge James Alala stated that the special court's jurisdiction is upheld under the Transitional Constitution of 2011 as amended.
The judge also rejected arguments that Machar enjoyed constitutional immunity, clarifying that only the president holds such immunity according to the constitution.
The court expelled two of Machar's lawyers after the prosecution raised concerns about their licensing. They may only return upon renewing their licenses.
Machar's lead attorney criticized the media's portrayal of the case, arguing it undermines the presumption of innocence guaranteed by the constitution.
The charges against Machar have raised alarm among the UN, African Union, and neighboring countries, urging calm in South Sudan, which only gained independence in 2011 after decades of conflict.
