BENTIU – In the war-torn regions of South Sudan, many communities have been without access to a formal justice system for over a decade.

Prolonged conflict, coupled with recent climate disasters, has disrupted key justice institutions, especially in remote areas.

In these communities, all cases—ranging from minor disputes to serious criminal offenses—are adjudicated by customary courts, led by traditional leaders.

However, customary courts often lack the expertise needed to effectively handle complex criminal cases, leaving people with limited options for recourse.

To address this gap, the South Sudanese judiciary, with support and facilitation from the United Nations Mission in South Sudan and in collaboration with the government, has been deploying mobile courts.

These courts serve as temporary extensions of the formal judicial system, delivering justice directly to underserved communities and reinforcing the rule of law where it is most needed.

The initiative is not only transforming the delivery of justice but also challenging long-standing societal attitudes toward issues like sexual violence and children's rights, while giving communities hope that fair trials are possible even in the most serious circumstances.

Take the case of Nyarauch, whose name has been changed to protect her identity. At 17, she was drugged and raped by two men she knew. 

One of the men had offered her a drink of water as she was heading home from playing with friends.

"After I drank, I felt dizzy, like I was going to collapse," Nyarauch recalls, describing the night of the attack.

She doesn’t remember much else except that in her weakened state the men took her by the hand back to their house, and assaulted her.

When she reported the crime to the local customary court, they told her it was beyond their jurisdiction.

Physically unwell from both the trauma and the drugs, Nyarauch sought medical help and assumed justice would never come—until her uncle heard about something called ‘the mobile court’ set to visit Bentiu.

Hopeful, Nyarauch, her uncle, and her brother made the journey to the Bentiu mobile court, in just three days, the two men responsible for her attack were summoned.

After a trial where defence lawyers represented the men, and both a prosecutor and victim’s advocate argued Nyarauch’s case, the court sentenced the perpetrators to ten years in prison and ordered them to pay compensation to Nyarauch’s family.

The verdict sent shockwaves through Unity State, where such crimes are often ignored or go unpunished. 

Between December 2022 and January 2024, no sexual and gender-based violence (SGBV) cases were reported to police for investigation and trial in the entire state.

This year, following the Koch, Mayom, and Bentiu mobile courts, 14 SGBV convictions have been recorded, with 14 more cases reported to police for investigation since the conclusion of the Bentiu court.

Now, also, with the support of the local government and police force cases like this are helping to shift community attitudes about crimes like sexual violence and child marriage.

“[Nyarauch’s] cases shows the community that there is justice and accountability for the crimes that people commit, including sexual violence and abuse of children,” said Unity State Governor Justice Riek Biem Top, who had requested the mobile court visit Bentiu.

“The mobile court brings justice to the people, it brings peace to the people, and it brings security to the people.”

However, the court's work is not just about punishment. In a country where customary courts can sometimes overstep their legal boundaries, the mobile court offers a safeguard against arbitrary detentions and fair trial rights.

Many have found themselves imprisoned for non-criminal matters such as elopement, which remains taboo in local communities but is not actually a crime under South Sudanese law.

Mobile courts ensure these people are released.

Then there is the case of former child soldier Chaklol Wawkueth Malual, which highlights the complexities of justice in post-conflict settings where the scars of war run deep.

At just 14, Chaklol was ordered, along with fellow soldiers, to fire warning shots over the heads of escaping prisoners. In the chaos, one of his friends, a 21-year-old man, was shot.

For the rest of his childhood, Chaklol was haunted by the fear that he may have been responsible for the fatal shot.

“I would have nightmares every night. I would see my friend, and he would tell me it was my gun that fired the bullet. Some days I couldn’t even eat,” Chaklol recalled.

His guilt eventually led him to seek out the mobile court and turn himself in.

In an emotional hearing, the judge considered the impact of Chaklol’s forced recruitment as a child soldier, the lack of evidence confirming who fired the fatal bullet, and his sincere remorse. 

The judge ruled that Chaklol was not guilty of murder. 

Instead, he would be convicted of culpable homicide which requires Chakol to pay compensation to the deceased man’s family, but allows the court to order his release, taking into account time already spent in prison.

With that decision, Chaklol was freed from both his mental burden and the fear of a life in prison.

"I’m very happy. I don’t want to be a soldier. I won’t go back. I want to finish school now and start my life again, now that the nightmares have stopped," he said upon his release from Bentiu prison.

In just one month, the Bentiu mobile court heard 105 cases, including 41 criminal trials that led to 49 convictions. Additionally, 64 civil and appeal cases resulted in the release of 27 people who had been wrongly imprisoned.

Natalie Mazur, the UNMISS focal point for the Bentiu mobile court, described the community's response as overwhelming.

“On the final day, after word had spread, crowds poured in with their cases, eager to finally see justice served. One day wasn’t enough to accommodate everyone, but the community is hopeful the court will return soon. We’re truly grateful to the Norwegian Embassy in Juba for funding this initiative—it has made a real difference,” she said.

Discussions are underway for the mobile court's return to Unity State and the community is demanding the appointment of a permanent judge in Bentiu, to address a long-standing gap since the conflict began in 2013.

While not the first of its kind, the success of the Bentiu mobile court—generously funded by the Norwegian Embassy in Juba—has helped build momentum for expanding these initiatives. As South Sudan strengthens its judiciary, mobile courts play a crucial role in delivering justice, even to the most remote areas of the world's youngest nation.