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2009 | The Sudan People’s Liberation Army Act

This Act was drafted by the Government of Southern Sudan on the basis of Articles 158, 159, 160 and 161 of the 2005 Interim Constitution of Southern Sudan. Its aim is to provide for the establishment, governance and discipline of the Sudan Peoples Liberation Army (SPLA). The Act establishes a system of military justice for both criminal and disciplinary offences and provides that criminal offences are adjudicated by military courts (Art. 37). However, in the case of an offence committed by an SPLA member against a civilian, the civil court has jurisdiction over the offence (Art. 37(4)).  

Section 6 (page 7) sets forth the principles of the SPLA in executing its mission and functions: it must be subject to democratic-civil control and perform its functions in accordance with the provisions of the Comprehensive Peace Agreement, the Interim National Constitution, the Interim Constitution of Southern Sudan, and international law regulating the use of force. It must be non-partisan, promote the highest standard of professionalism and discipline within its rank and file, reflect the ethnic composition of the people of the Sudan, and respect the fundamental rights and dignity of all its members and the diverse communities of the Sudan at large. According to section 83 (page 35) a member of the SPLA committing an offence punishable under the 2008 Penal Code Act will be deemed to have committed an offence under the SPLA Act. The Sanctions of the 2008 Penal Code Act correspondingly apply.