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South Sudan

South Sudan does not have a dedicated counterterrorism law although terrorist financing is prohibited by a 2016 law and terrorism is addressed in the Criminal Code. The maximum sentence is the death penalty. 

Compliance with International Law:
Last updated: one year ago

The Definition of Terrorism in Domestic Law

The 2016 Terrorist Financing Act stipulates simply that:

“Terrorism” means the use of organized intimidation or extreme fear to coerce a government or community.

Section 67 of the Criminal Code covers terrorism in a provision that also addresses banditry, insurgency, and sabotage. The distinction between the four concepts is not made explicit. It is thus stipulated that:

 

(1) Whoever for the purpose of—

(a) causing or furthering an insurrection in Southern Sudan;

(b) causing the forcible resistance to the Government or the Defence Forces or any law enforcement agency; 

(c) procuring by force the alteration of any law or policy of the Government; 

(d) committing any act accompanied by threats or use of weaponry with the intention or realizing that there is a real risk or possibility of—

  (i) killing or injuring any other person; 

  (ii) damaging or destroying any property; 

  (iii) inflicting substantial financial loss upon any other person;

(iv) obstructing or endangering the free movement in Southern Sudan of any traffic on land or water or in the air; or

(v) disrupting or interfering with an essential service, commits an offence, whether or not any purpose referred to in paragraph (a), (b) or (c) is accomplished.

Adherence to Global and Regional Terrorism Treaties

 

South Sudan is not a State Party to the main United Nations treaties on terrorism.

 

Adherence to Global Terrorism Treaties
Treaty Adherence
1973 Convention on Crimes against Internationally Protected Persons State not party
1979 Hostage-Taking Convention State not party
1997 Terrorist Bombings Convention State not party
1999 Terrorist Financing Convention State not party
2005 Nuclear Terrorism Convention State not party

 

South Sudan is a signatory but not a State Party to the main regional treaties on terrorism.

 

Adherence to Regional Terrorism Treaties
Treaty Adherence
1999 Algiers Convention Signatory
2004 Protocol to the Algiers Convention Signatory

Laws and Penalties for Terrorist Offences

The maximum sentence for terrorist offences in the Criminal Code is the death penalty.S. 67, Criminal Code of South Sudan.

Counterterrorism Capacities and Policies at Domestic Level

The South Sudan Police do not have dedicated counterterrorism expertise.

Downloads

South Sudan 2012 Terrorism Financing Act

Penal Code of South Sudan

South Sudan Constitution