A/HRC/40/CRP.1
primary importance, and is one of the stated goals of the new peace agreement. Indeed, the
June 2018 Khartoum Declaration devoted one of the five operational paragraphs of the
ceasefire agreement to the issue of rehabilitating the oil fields in Unity State.1122
Given the nature of the landscape of Unity State, the shortage of effective fighting
forces within all warring factions, and the immense logistical challenges that complicate their
ability to sustain the operational capacity of their forces, there has been little appetite or
ability on the part of the SPLA to permanently hold large swathes of rural territory. 1123 Indeed,
this has been the prevailing logic during the conflict and throughout South Sudan. Thus, the
SPLA maintains strong outposts in the main towns and important locations, with limited
patrolling in and around those places. The towns of Leer and Koch are good examples of this
phenomena.1124
Although the outlying countryside is often referred to as being controlled by the
SPLA-IO, it is in fact more of a no-man’s land, in that nobody holds it securely and
permanently as the SPLA-IO favours the hit and run tactics of an insurgency group.1125 Until
such time as an SPLA force moves into this territory, the SPLA-IO (RM) and the civilian
population, enjoy a certain freedom of movement, and generally speaking the SPLA moves
around cautiously and in strength for fear of falling into an SPLA-IO (RM) ambush.1126 When
they venture out, caution would requires that the SPLA leave sufficient forces in their bases
to deter or defeat any counter-attack that the SPLA-IO (RM) may launch against what would
be perceived as a temporarily weaker target.
As a result of this, to launch offensives, the SPLA has made use of armed youth
militias, over which they have exercised general control and provided ammunition and
training, to undertake their offensives in southern Unity.
2.
Southern Unity Offensive, April to June 2018
Southern Unity State has remained turbulent despite the signing of the Agreement on
Cessation of Hostilities on 21 December 2017. Indeed, only three days after the signing of
Agreement, on 24 December, the SPLA-IO (RM) attacked Koch with the aim of displacing
the SPLA’s hold on the town. CTSAMM’s investigation of the event found that 15 people,
including 3 children, were killed in the attack and 26 wounded.1127
With the High Level Revitalization Forum relaunching peace negotiations in February
2018 raising the likelihood of a permanent ceasefire, incentives increased to gain control of
territory before any such ceasefire came into effect.1128 This coincided with the arrival of the
dry season making new offensives possible. On 27 February 2018, the SPLA sent a new
Divisional Commander to 4 Division to Bentiu.1129 Two weeks later, in mid-March, he
undertook a tour of the areas and sub-units under his command.1130 On 7 March, the Governor
of Northern Liech State returned to Bentiu after a long absence.1131
Shortly thereafter, preparations for a major offensive began. In the first weeks of
March 2018, there were reports of massive recruitment of youth into the SPLA-IO (TD) ranks
in Guit and Koch Counties as well as into youth militia in Koch County controlled by the
Gany County Commissioner (formerly the Koch County Commissioner).1132 Multiple
witnesses described the recruitment of youth, particularly from the Jagei Nuer community
into the youth militias headed by the Gany County Commissioner.1133 They described how
he told the youth he recruited that their payment would be in the form of keeping any cows
1122
Khartoum Declaration, 27 June 2018, para. 5.
Confidential Meetings, Bentiu, 22 and 23 September 2018.
1124 Confidential Meetings, Bentiu, 22 and 23 September 2018.
1125 Confidential Meetings, Bentiu, 22 and 23 September 2018.
1126 Confidential Meetings, Bentiu, 22 and 23 September 2018.
1127 CTSAMM, Report 2018/05: Violations of the ACOH: Fighting in Koch, 15 January 2018; Witness 823, ERN 101653-101658.
1128 Confidential Meeting, Juba, 5 November 2018; Confidential Meeting, Juba, 31 October 2018.
1129 Confidential Document, ERN D115172-D115328.
1130 Confidential Document, ERN D112933-D113082, pp. D112995, D113007.
1131 Confidential Document, ERN D112933-D113082, p. D112965; Confidential Document, ERN D114148-D114260.
1132 Confidential Document, ERN D112933-D113082, p. D112938.
1133 Gany County was created out of a section of Koch County and the former Koch County Commissioner was appointed as the
Commissioner of Gany County but remained largely based in Koch.
1123
143
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