South Sudan: Is it time the ICC got involved?

South Sudan, the world’s youngest state, is back in the headlines again and it is for all the wrong reasons. According to reports, forces loyal to President Salva Kiir and Vice President Riek Machar started exchanging fire on Thursday. Such skirmishes weren’t unusual but by Friday it was clear that things had escalated. At least 150 people were killed in fighting on Friday alone and by Saturday, South Sudan was forced to mark its fifth year of independence from its northern neighbour under lockdown.

BREAKING: Heavy explosions, gunfire shake South Sudan's capital as clashes between government and opposition forces enter 5th day.

— The Associated Press (@AP) July 11, 2016

Now there are fears that South Sudan is slowly sliding towards all-out civil war with Kiir and Machar seemingly unable or unwilling to control their forces. Civilians caught up in the fighting have sought shelter at the United Nations (UN) bases. On Monday there was proof that the body count – the grim marker of the escalation such conflicts – is steadily mounting. At the time of publication, reliable sources put it at least 300. There are numerous reports of bodies, of soldiers and non-combatants, piling up in Juba’s mortuaries and in the streets.

It's just carnage in #Juba. Piles of bodies littered the streets of Jebel and Gudele suburbs. It's predicted to get worse 2moro #SouthSudan

— Kush (@KushAvram44) July 10, 2016

Update: Army source at Gieda SPLA mortuary this morning says he saw decomposing bodies of dead soldiers from 3 days of skirmishes 1/3

— Talk of Juba (@TalkofJuba) July 11, 2016

Update: Source says approx. 100+ are stacked up on the floor at military hospital. Most bodies belong to IO soldiers killed on 8th #Juba 1/2

— Talk of Juba (@TalkofJuba) July 11, 2016

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There are numerous reports of bodies, of soldiers and non-combatants, piling up in Juba’s mortuaries and in the streets

Where art thou African Union? 

Those looking to the African Union (AU) for answers so far are hearing precious little in response.

For two days now we have sought comment from the @AfricanUnion on #SouthSudan everybody is quiet.

— Sarah Kimani (@sarahkimani) July 11, 2016

The silence is all too familiar from the body that likes to tout African Solutions for African problems.

You're on your own #SouthSudan ask #Burundi.

— Sarah Kimani (@sarahkimani) July 11, 2016

The African Union’s silence while the slaughter in South Sudan continues, coupled with its failure to come up with a permanent solution to the country’s intermittent flirtations with civil war have prompted suggestions that maybe it is time to call in the big guns: the International Criminal Court (ICC).

South Sudan leadership of Kiir and Machar are Africa's most wanted war criminals. Over to you ICC pic.twitter.com/em4xn2SKuY

— A Karani O (@erwoti) July 10, 2016

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#SouthSudan on my mind. When will the shedding of innocent blood stop? Perhaps it's time for new leadership &for #ICC to indict current 1s?

— Michael Warui (@Of_the_river) July 10, 2016

Disgrace how the #SouthSudan leaders are behaving while the civilians are suffering under the ever reoccurring civil war. Time for #ICC

— Mohamed Hussen (@Mhussen) July 9, 2016

Noted AU has been so silent on South Sudan crisis but so vocal on ICC.Is it that human lives are worthless 2 rulers @MarthaKarua @WMutunga

— WaMaluu Jr ~Son of Fate (@JrMunyoki) July 11, 2016

Kiir on the ICC

Kiir, like many African Heads of State, has no love for the ICC. He was one of several African Union leaders to pour scorn on the court for its pursuit of Kenyan president Uhuru Kenyatta.

“It seems that this thing has been meant for African leaders, that they have to be humiliated. We will never accept it,” Kiir vowed in 2013.

Machar’s general attitude towards the ICC has been less hostile.

VP-turned rebel-turned VP of #SouthSudan Riek Machar says he would face charges at the #ICC if called to do so https://t.co/YSMpa1CDc1

— Mark Kersten (@MarkKersten) May 26, 2016

Salva Kiir, like many African Heads of State, has no love for the ICC

The fifth chapter of the 2015 peace deal signed between Kiir and Machar has specific provisions for the establishment of a hybrid court for South Sudan. The leaders have been dodgy about its creation. Now that the threat of another bloody civil war is looming, maybe it is time we thought beyond “local solutions”. Otherwise, as Kiir and Machar have demonstrated again and again, this cycle will never end.

GADO: #SouthSudan ceasefiring https://t.co/qzKv7ok2Nu @iGaddo pic.twitter.com/ZbFVw5NAN4

— Evelyn Tremble (@DrumChronicles) February 8, 2015

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