A/HRC/40/CRP.1
4.
Violations and Alleged Crimes
c)
Killings of Civilians, Rapes and Other Forms of Sexual Violence, Arbitrary Detention,
Cruel and Inhumane Treatment, Destruction of Civilian Property, and Pillage
On the basis of the evidence collected by the Commission, it finds reasonable grounds
to believe that SPLA soldiers fired on unarmed villagers taking no active part in the conflict
during their ground offensive in the Wau Triangle from mid-June to November 2018
resulting in the killings of civilians, including women, children and the elderly. The evidence
also provides reasonable grounds to believe that during this same offensive, SPLA soldiers
beat, mistreated and arbitrarily detained civilians.
Similarly, there are reasonable grounds to believe that the SPLA beat, mistreated and
arbitrarily detained civilians in the course of its attack on Wadhalelo in June 2018.
Furthermore, in the course of 2017, the SPLA soldiers killed at least three civilian men from
Wadhalelo. Additionally, the evidence provides reasonable grounds to believe that SPLA
soldiers raped and gang raped women and girls in Wadhalelo during attacks on the village in
2017 and 2018.
SPLA soldiers deliberately burnt tukuls and villages in the Wau Triangle between
June and November 2018 as well as in Wadhalelo between January and August 2017 and in
June 2018. There is no information before the Commission to suggest that the destruction of
private property carried out was due to military necessity. Additionally, the evidence
collected by the Commission provides a consistent account of widespread looting and theft
of private property by these same troops for their own use and sale in the markets.
The Commission also finds reasonable grounds to believe that in the course of its
occupation of the Wadhalelo area prior to 11 June 2018, the SPLA-IO also pillaged civilian
property.
These killings, rapes and sexual violence, arbitrary detention, cruel and inhuman
treatment, looting and destruction of civilian property were committed by state agents and
amount to serious violations of human rights law under the Transitional Constitution of the
Republic of South Sudan (2011), particularly the right to life and human dignity (Article 11),
the rights of the child (Article 17), freedom from inhuman or degrading treatment (Article
18), and the right to property (Article 28). They also amount to violations of the African
Charter on Human and Peoples’ Rights, including in particular the right to life and the
integrity of the person (Article 4) and the right to property (Article 14).
Such acts amount to crimes under South Sudan’s Penal Code (2008), including murder
(section 206), criminal force (section 224), rape (section 247), theft (section 293), and
mischief (section 315). Moreover, the Government’s armed forces are also subject to the
provisions of the SPLA Act (2009). In particular, section 57 of the SPLA Act establishes the
offences of destroying and damaging property, plunder and committing any offence against
the property or person of any inhabitant or resident of a country in which he or she is serving.
Furthermore, the Commission finds reasonable grounds to believe that there was a
nexus between the commission of these crimes and the non-international armed conflict that
was ongoing in South Sudan at the time, because they occurred in the context of the SPLAorganized offensive against the SPLA-IO in Western Bahr el Ghazal. As such, they are
violations of international humanitarian law under Common Article 3 to the Geneva
Conventions and Additional Protocol II to which South Sudan is a party and which it has
implemented in its Geneva Convention Act (2012). They should also be investigated and
prosecuted as war crimes under Article 4(a) (violence to life, health and physical or mental
well-being of persons, in particular murder, as well as cruel treatment such as torture,
mutilation or any form of corporal punishment), 4(e) (outrages upon personal dignity, in
particular humiliating and degrading treatment, rape, enforced prostitution and any form of
indecent assault), and Article 4(f) (pillage) of the Draft Statute of the Hybrid Court for South
Sudan.
The Commission also finds reasonable grounds to believe that the killing of civilians,
rape and sexual violence, destruction of private property and looting in the Wau Triangle was
part of a widespread or systematic attack directed against a civilian population. The attacks
appear to have been systematic as the same patterns recurred across the different attacks on
villages. Furthermore, the attacks were widespread as they occurred in over at least 10
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