Conflict, customary law, gender, and women’s rights in South Sudan *

This chapter provides a brief analysis of international human rights instruments to set the context for understanding women's rights in South Sudan. It discusses of the transitional constitution of south sudan and women's rights, with particular emphasis on the 'Bill of Rights' and sources of legislation. The chapter explores the intersection of customary law, gender configurations, and civil war – and how this has affected women's rights in South Sudan. Particular emphasis will be on the sociocultural aspects of customary law. In addition, certain practices such as wife-beating, polygamy, and widow inheritance are sanctioned by customary law and, consequently, violate women's rights to choose. The chapter outlines strategies for combating discriminatory customary practices and gender-based abuses. It draws on existing literature on South Sudan's customary practices, gender constructions, the consequences of violent conflicts, and on research findings collected from fieldwork carried out in 2013.