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Explaining the (il)legality of Uganda's intervention in the current South Sudan conflict
Authors:Kasaija Phillip Apuuli
Abstract:
During the night of 15 December 2013, fighting broke out between factions of the Sudan People's Liberation Army (SPLA) in Juba, the capital of the Republic of South Sudan. The fighting pitted forces loyal to President Salva Kiir against those loyal to former Vice President Riek Machar. Five days later, Uganda sent troops into South Sudan, advancing a number of reasons for intervention, including that it had been invited by the legitimate government of South Sudan to ensure order; it needed to evacuate Ugandan citizens caught up in the fighting; it had been asked by the United Nations Secretary-General to intervene; and that the regional organisation, the Intergovernmental Authority on Development had sanctioned the intervention. As the conflict escalated, Ugandan troops started fighting on the side of forces loyal to Kiir. The underlying reasons for the intervention were clearly economic, but those advanced were legal. This article discusses both sets of reasons and concludes that the economic reasons are more persuasive. Nevertheless, while some of the legal arguments (such as being invited by the legitimate government of South Sudan) can be asserted, others are clearly dubious. In addition, the participation of Ugandan troops in the fighting on the side of the Kiir government renders the intervention illegal.
Keywords:Intergovernmental Authority on Development  Riek Machar  Salva Kiir  South Sudan  Sudan People's Liberation Army  Sudan People's Liberation Movement  Uganda Peoples' Defence Force
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