A/HRC/40/CRP.1 Furthermore, there are also credible allegations that armed men attacked and looted, humanitarian organizations in the course of the southern Unity operation, including an attack against the ICRC field base in Leer on 10 April 2018 and engaged in looting and destruction of two Médecins Sans Frontières (MSF) facilities. While these allegations require further investigation, in particular to determine the identities of the perpetrators of the attacks, these attacks may amount to crimes of intentionally directing attacks against buildings and personnel using the distinctive emblems of the Geneva Conventions and personnel, installations, material, units or vehicles involved in humanitarian assistance under Article 5 of the Draft Statute of the Hybrid Court for South Sudan. c) Forcible Transfer of the Population The offensive and attacks on civilians in Leer and Mayendit Counties by SPLA, SPLA-IO (TD), and affiliated militias led to the displacement of half the population of the Leer County, as well as thousands from Mayendit and Koch Counties.1180 Evidence collected by the Commission makes clear that one of the aims of the offensive was to clear the area of civilians who could potentially provide support to the SPLA-IO (RM) and to prevent their return by burning and destroying their homes and making them too scared of the brutal attacks. This displacement gave rise to serious violations of human rights law under the Bill of Rights in the Transitional Constitution of the Republic of South Sudan (2011), including the right to freedom of movement and residence (Article 27) and the right to privacy encompassing the right not to be subjected to interference with his or her private life, family, home or correspondence, save in accordance with the law (Article 22). They also amount to violations of the African Charter on Human and Peoples’ Rights including, in particular, the right to freedom of movement and residence within the borders of a State provided one abides by the law (Article 12). Furthermore, the expulsion of people from their legal places of residence through coercion, with the intent to displace them, should be investigated and prosecuted as the crime of forcible transfer as a crime against humanity under Article 3(d) of the Draft Statute of the Hybrid Court for South Sudan. 5. Responsibility for Violations and Alleged Crimes a)Individual Responsibility The southern Unity offensive was an operation coordinated at a high level by the SPLA, the SPLA-IO (TD), and Government officials at the national, state and county levels in Juba, Bentiu, and Northern and Southern Liech States. As set out below, the Commission considers that these individuals may bear criminal responsibility through a number of modes of participation including planning, ordering, instigating, committing, aiding and abetting, and command responsibility. Multiple witnesses attested to the planning that went into the offensive, including the recruitment of additional youth militia in Koch County, the resupplying of weapons and ammunition from Juba, delivered to Bentiu and Leer by military and civilian aircraft, and meetings held to plan the offensive. 1181 The evidence collected by the Commission provides reasonable grounds to believe that Governors of both Northern and Southern Liech States were involved in this planning, including participating in planning meetings and coordinating logistics including the delivery of weapons. The Gany County Commissioner also participated in the planning of the offensive including through his recruitment of the militia made the civilian population or individual civilians not taking direct part in hostilities the object of those acts or threats of violence; and (iii) The acts or threats of violence were carried out with the specific intent of spreading terror among the civilian population. SCSL, Prosecutor v. Fofana and Kondewa, Case No.SCSL-04-14-A, Appeal Judgement, 28 May 2008, paras. 344350; SCSL, Prosecutor v. Sesay et al., Case No. SCSL-04-25-A, Appeal Judgement, 26 October 2009, para. 889. See also ICTY, Prosecutor v. Galić, Case No. IT-98-29-A, Appeal Judgment, 30 November 2006, para. 102; ICTY, Prosecutor v. Blagojević and Jokić, IT-02-60-T, Trial Judgement, 17 January 2005, para. 589. 1180 OCHA, South Sudan: Humanitarian Snapshot, April 2018; OCHA, South Sudan: Humanitarian Snapshot, May 2018; Danish Refugee Council, Rapid Assessment Report for Leer Town Temporary Protection Area (TPA), 21 May 2018. 1181 See above “Southern Unity Offensive” section (Section VII(A)(2)). 150