A/HRC/40/CRP.1 was providing support to “rebels” following two ambushes of the SPLA by the SPLA-IO about a week before, resulting in multiple SPLA deaths. 1272 The systematic separation and questioning of the men lends support to this. A number of witnesses also recounted being told by the attackers that the soldier who did most of the shooting was doing so in retaliation for his brother having been killed about a week before. 1273 Therefore, while the extent of violence toward the civilians may not have been part of the plan, there are reasonable grounds to believe that the attack on the ECC was a planned attack on a civilian place of learning, religion and refuge. Furthermore, it was incumbent on the commander to relieve the soldier whose brother had been killed from duty if there were concerns that he was out of control. Witnesses of the Goli attack are consistent that there was a commander present who was in charge throughout the day, even following the killings. 1274 A number of witnesses describe having been taken to him by soldiers. However, while a number of witnesses were able to identify some individuals involved, the Commission has not been able to establish the identity of the Commander. Further investigations in this regard are required. b) State Responsibility In addition to any individual criminal liability that may arise in relation to these crimes, as the SPLA are government forces, the State is responsible for the violations of human rights and international humanitarian law committed by its forces. Furthermore, the Government of South Sudan has an obligation to investigate these incidents and prosecute those responsible (whether they be government forces or individuals forming part of the opposition), for alleged violations of international human rights and international humanitarian law. In relation to the attack in Goli, the Commission notes that pursuant to an order from the President, the Yei River State Governor established an Investigative Committee on 18 May 2018 to investigate violations that occurred at the ECC.1275 Witnesses described the committee visiting Goli in May and June 2018 to conduct investigations and that the committee was accompanied by the Governor, the County Commissioner and a Brigadier General from Tiger Division in Juba.1276 The Commission welcomes the establishment of the State Investigative Committee and notes that one witness indicated that the County Commissioner had paid compensation for what had been looted.1277 However, it notes with concern reports by witnesses that some of those soldiers involved in the attack returned to the ECC as part of the State investigation, calling into question the impartiality of the investigation and the state’s commitment to ensuring accountability.1278 The Investigation Committee’s Report was submitted to the President; however, it is yet to be made public.1279 Despite requesting a copy of the Committee’s Report, the Commission has not received a copy to date.1280 It calls for the report to be made public and for findings of the investigation to be provided to the state prosecutors. Furthermore, while a State investigation committee is a welcome step, the Commission notes that such committees do not have prosecutorial or punitive powers.1281 The General Court Martial in Juba confirmed to the Commission in December 2018 that there 1272 Witness 717, ERN 101388-101399, paras. 35, 37; Confidential Document, ERN D115085-D115171; Confidential Document, ERN D115036-D115084; Confidential Meeting, 18 August 2018. 1273 Witness 700, ERN 101462-101469, para. 18; Confidential Meeting, 18 August 2018; Confidential Document, ERN D115085D115171. 1274 Witness 741, ERN 101417-101457, para. 21; Witness 703, ERN 101470-101475, para. 14; Witness 723, ERN 101454-101461, paras. 21, 23; Witness 764, ERN 101946-101954, para. 11; Witness 700, ERN 101462-101469, para. 13; Witness 717, ERN 101388-101399, paras. 21, 24, 28, 33, 37; Confidential Meeting, 18 August 2018; Investigator’s Note, ERN D114862-D114937. 1275 Yei River State Governor’s Order No. 006/2018, 18 May 2018 referring to Republican Decree No. 27/2018. See also Witness 717, ERN 101388-101399, para. 34; Witness 764, ERN 101946-101954, para. 12; Witness 700, ERN 101462-101469, para. 17. 1276 Witness 717, ERN 101388-101399, para. 33; Confidential Meeting, 18 August 2018. 1277 Confidential Meeting, 18 August 2018. 1278 Witness 764, ERN 101946-101954, paras. 11, 13; Confidential Meeting, 18 August 2018. 1279 Confidential Meeting, 23 November 2018; Witness 764, ERN 101946-101954, para. 12. 1280 Note Verbale to the Ministry of Foreign Affairs and International Cooperation of the Government of South Sudan, Requesting Documentation from Different Ministries, CHRSS/COR/2018/32, 21 November 2018. 1281 Investigation Committees Act (2006), sections 11-14. 161