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.
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