A/HRC/40/CRP.1
IO as well as local government officials, with the assistance of border security and other
officials in neighbouring Uganda.1109
The Commission has also received reports about the ongoing illegal teak harvesting
and transportation by Government forces in war-affected areas in Wau State.1110 While this
appears to have been happening to a much lesser degree than in the Equatorias, accounts
indicated that SPLA soldiers had cut and transported teak logs belonging to private farmers
in a small village between Ngoku and Wau, as part of an overall campaign of looting and
pillage.1111 The crime of pillage is specifically included as a war crime in the Draft Statute of
the Hybrid Court for South Sudan.1112
VII.
Emblematic Incidents
The Commission focused on reporting the facts and circumstances of recent incidents
in Western Bahr el Ghazal, Central Equatoria, and Unity, and on clarifying responsibility for
alleged gross violations of human rights and related crimes committed in those locations in
2018. The Commission chose to focus on incidents that are emblematic of crimes and
violations committed since the Commission’s last report, and to clarify responsibility for
these acts, as far as possible.
These incidents build on the work of the Commission in its last mandate, which
covered incidents in Western Bahr el Ghazal, Central and Eastern Equatoria, and Upper Nile
States. The Commission has also undertaken investigative work into incidents that occurred
in Juba in July 2016 and Malakal in 2014.
A. Unity State, 2018
1.
Background
Unity State lies in the centre of the country and runs southward from the border with
Sudan. The landscape of Unity State is criss-crossed with a number of waterways and has
extensive areas of swampland in the south and east of the State, which make road travel very
slow and difficult particularly during the rainy season.
The main road in Unity State runs down the “dry-spine” of the state, from the
Sudanese border to Adok Port on the White Nile River some 200 kilometres to the south. Enroute it passes through and connects major settlements of the state, including Rubkona,
Bentiu, Thar Jath, Koch junction (from which Koch town lies some 20 kilometres to the
west), Leer, and Adok. The White Nile at Adok Port is navigable by large vessels and thus
constitutes a logistics hub of strategic value, particularly during the rainy season when
impassable muddy roads increase its strategic value considerably.
It is a Nuer dominated state. However, this statement belies its diversity and its
divisions. The northern Abiemnom and Pariang Counties are dominated by the Padang Dinka
who have consistently supported the Government throughout the conflict. The remainder of
the state is Nuer dominated and includes Bul, Leek, Jikany, Jagai, Dok, Haak, and Nyuong
Nuer groups. There is significant division among the Nuer groups in the state, most
particularly with the Bul Nuer from Mayom County, dating back to the Sudanese civil war
and carrying through the current conflict in which they supported the government in the
conflict at various points.
Importantly, Unity State, and Leer specifically, is the birthplace of former First Vice
President Riek Machar, and the southern portion of the state has been an SPLA-IO stronghold
since the conflict began in 2013.
1109
Africa Uncensored, The Profiteers, Part 3, retrieved at https://www.youtube.com/watch?v=aKpJs6a563I.
Confidential Meeting, Wau, 1 December 2018.
1111 Witness 967, ERN 101914-101919, para. 16.
1112 Article 4(f); and see also the Statute of the International Criminal Court, Article 8(2)(e)(v).
1110
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