A/HRC/40/CRP.1 peacekeepers providing force protection to humanitarian workers travelling from Yei to Lasu were attacked by unknown gunmen and one peacekeeper was shot and killed.125 In the same month, three humanitarian workers were killed in Rubkona and Mayom Counties in Unity State and two were killed in July in Terekeka, Central Equatoria and Rumbek East, Lakes State.126 In July, a UN agency contracted convoy was fired upon in Rumbek East County, Lakes State and one of the drivers was killed. The same month, another humanitarian worker was killed in Juba, also in a clearly marked vehicle. 127 In September, an UNMISS peacekeeper was shot and injured by an SPLA soldier in Yei during a water collection patrol. Ten days later, shots were fired at UNMISS personnel unloading a UN plane in Rumbek.128 An aid worker was also killed in September by unknown armed men in Yei County, while travelling in a clearly marked vehicle. 129 October saw the killing of two aid workers, one while travelling in a clearly marked convoy on the Juba-Lainya road and the other while on duty at a nutrition facility in Jonglei.130 In numerous instances, violence and threats against humanitarian workers have required humanitarians to withdraw and suspend lifesaving services to protect their staff. This has included violence and threats against humanitarian workers in June and July in the Bentiu and Malakal PoC sites resulting in the closure of three of five clinics for over three weeks in the Bentiu PoC site and the suspension of health assistance in the Malakal PoC site. Similarly, youth protests over employment opportunities in Bunj, Maban County, Upper Nile resulted in the looting and burning of humanitarian premises and vehicles and the relocation of approximately 400 humanitarian workers. 131 While a few instances of violence against humanitarian workers have resulted from being caught in the crossfire of fighting, most instances of injuries and deaths have occurred when they were travelling in clearly marked vehicles or working at identified humanitarian duty stations, indicating that attackers are aware of the civilian and humanitarian identities of their victims. The Commission concludes from this that attackers are either directing attacks against civilian objects or failing to abide by the humanitarian law principle of distinction. The Commission underscores that directing attacks against civilians and civilian objects, including humanitarian operations, as well as failing to distinguish between civilian objects and military objectives are violations of international humanitarian law and may amount to war crimes. Furthermore, intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations is an international crime which would be punishable under Article 5(d) of the Draft Statute of the Hybrid Court for South Sudan once it is established.132 This war crime is defined in Article 5(d) as follows: “Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations and or the Constitutive Act of the African Union, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict.” 125 Letter dated 29 June 2018 from the Secretary-General addressed to the President of the Security Council, S/2018/653; United Nations Security Council, Report of the Secretary-General on South Sudan (covering the period from 4 June to 1 September 2018), S/2018/831, 11 September 2018. 126 United Nations Security Council, Report of the Secretary-General on South Sudan (covering the period from 4 June to 1 September 2018), S/2018/831, 11 September 2018. 127 OCHA, South Sudan: Humanitarian Access Snapshot (July 2018), 13 August 2018. 128 Confidential Document, ERN D116747-D116747. 129 OCHA, South Sudan: Humanitarian Access Snapshot (September 2018), 10 October 2018. 130 OCHA, South Sudan: Humanitarian Access Snapshot (October 2018), 13 November 2018. 131 United Nations Security Council, Report of the Secretary-General on South Sudan (covering the period from 4 June to 1 September 2018), S/2018/831, 11 September 2018. 132 See also Statute of the International Criminal Court, Article 8(2)(e)(iii). 24