A/HRC/31/49
perceived support for the other side. The attacks, such as the beating of Nuer civilians
accused of supporting the Dinka in Bentiu, and assaults against Shilluk civilians in Malakal,
may constitute collective punishment in contravention of article 4(2) (b) of Additional
Protocol II to the Geneva Conventions. The team identified a pattern of SPLA and
opposition “tactical withdrawals” that left local populations vulnerable, including to
retribution from opposing forces. Given the considerable danger arising from the military
operations, safety measures should have been taken to avoid incidental losses, or in any
case to reduce them to a minimum.
2.
Sexual and gender-based violence
25.
The assessment team confirmed that sexual and gender-based violence continued in
2015, and on a widespread basis in Unity State.
26.
In Unity State, the Protection Cluster in South Sudan reported more than 1,300 cases
of rape between April 2015 and September 2015.5 Alarmingly, some of the women to
whom the assessment team spoke reported that sexual violence and rape had increased in
Unity State as the conflict progressed.
27.
The assessment team received information that the armed militias, mainly
comprising youths from Mayom or Koch counties who carry out attacks together with the
SPLA, do so under an agreement of “do what you can and take what you can”. In one case,
a mother of four children gave a harrowing account of how she was separated from her
group while walking from her village to Bentiu. When she reached another village, she
encountered a group of soldiers and armed men in civilian clothing who accused her of
lying about from where she had arrived. The men stripped her naked, then five soldiers
raped her on the roadside in front of her children. She was subsequently dragged into the
bush by another two soldiers, who raped her there. When she eventually returned to the
roadside, her children, aged between two and seven, were missing. At the time of the
drafting, her children were still missing.
28.
One woman described how, during an attack on her village in Koch, in October
2015, SPLA soldiers, after killing her husband, had tied her to a tree and forced her to
watch as her 15-year-old daughter was raped by at least 10 soldiers. In another incident, an
18-year-old girl explained to the team how, in early October 2015, during an attack on
Gandor, in Leer County, she had been found by SPLA soldiers, who beat and raped her
twice before handing her over to two armed men in civilian clothing who also raped her.
Upon her return home, she learned that her three sisters and mother had also been raped.
29.
In Upper Nile, as in Unity State, sexual and gender-based violence often followed
armed clashes, and targeted women belonging to the ethnic groups of opposing forces or on
suspicion of belonging to the opposition. In Maban County, the assessment team received
allegations of the rape of four girls during clashes between the SPLA and opposition forces
in Liang, Maban County. It also received credible reports of the sexual assault of elderly
women by opposition forces in Pigi County, Jonglei State, close to the border with Upper
Nile.
30.
Between April and December 2015, protection actors documented numerous
allegations of abduction, rape, killing and disappearance of women (mostly Shilluk) from
5
6
See South Sudan Protection Cluster, Protection Situation Update: Southern and Central Unity (April –
September 2015); and Flash Update, Protection Situation in Southern and Central Unity (September –
October 2015).
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