A/HRC/31/49 southern and central Unity. Imagery obtained for Gandor, in Leer County, from May to December 2015, indicated that around 674 civilian structures – about 75 per cent of structures in the area – were destroyed. 43. The SPLA attacks were also characterized by the massive looting of livestock, particularly cattle. As a main indicator of wealth for many ethnic groups in the area, cattle became a primary objective of attackers during the military offensive. For many of the allied militias who fought alongside SPLA, it was an opportunity to increase their herds. In most cases, the looted cattle was taken to areas controlled by SPLA, particularly Koch, Mayom, Leer and Bentiu. 44. In September 2015, witnesses in Central Equatoria reported that SPLA was engaging in widespread looting of shops, offices and private homes in Wonduruba, Mankaro, Mengele and Katigiri. 13 Witnesses from Mondikolo informed the assessment team that a few days after an attack on their village on 10 September, they had found the village razed to the ground and the local dispensary looted. Witnesses from Katigiri reported that SPLA soldiers took roofs, solar panels, furniture and electrical appliances from public buildings, including from the Katigiri Primary Health-Care Centre and the primary school. School material and medicines had also been looted. 45. In Western Equatoria, credible information collected by the assessment team indicated that SPLA had looted and destroyed private and public property during the escalation of violence in Mundri town, in May 2015. On 22 May, the Mundri prison warehouse was looted of all food, medication and weapons. On 24 May, 15 motorcycles belonging to a non-governmental organization were stolen by armed men believed to be SPLA soldiers. During the incidents in Mundri West and East, in September and October, SPLA members looted houses and shops extensively. Between July and December, in Yambio, looting and the destruction of property were widespread. From 7 to 10 December, the Ikpiro, Hai Tarawa, Asanza 1 and Asanza 2 neighbourhoods of Yambio were targeted for destruction when government forces clashed with a group of armed youths. The Office of the United Nations High Commissioner for Refugees reported that more 200 huts were destroyed and several hundred others were looted.14 46. Human rights standards prohibit the arbitrary deprivation of property. Under international humanitarian law, civilian objects are protected; their deliberate destruction under certain circumstances may amount to a war crime in non-international armed conflict.15 The extensive destruction of residential structures in Unity State is an example of damage that cannot plausibly be justified by military necessity. The number, extent and frequency of hut burnings across Unity State by SPLA and associated militia throughout 2015 suggest that the practice was wilful and wanton. The numerous documented accounts of cattle raids in Unity State may amount to a violation of the prohibition of arbitrary deprivation of property and the provision proscribing pillage in Additional Protocol II.16 The prohibition on pillage extends to property belonging to private persons, as well as to 13 14 15 16 See OHCHR – UNMISS, The State of Human Rights (see footnote 2). South Sudan, UNHCR Operational Update 1/2016. See International Covenant on Civil and Political Rights, art. 17. See also Rome Statute, art. 8(2)(e)(xii), which reflects a point of customary international law. The jurisprudence of the International Court of Justice, in its advisory opinion on the Legality of the Threat or Use of Nuclear Weapons of 8 July 1996, and of the International Criminal Tribunal for the former Yugoslavia, in its judgement of 14 January 2000 on Kupreškić et al. and its decision on the joint defence motion and judgement of 26 February 2001 on Kordić and Čerkez, provide further evidence that the prohibition on attacking civilian objects is customary in both international and non-international armed conflicts. See International Covenant on Civil and Political Rights, art. 17, and Additional Protocol II, arts. 4(2) (g) and 14. 9

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