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In line with international law, IGAD leaders should ensure any future peace agreement supported by their mediators does not include amnesties for serious crimes. In January IGAD helped mediate a much-broken cessation of hostilities agreement between Salva Kiir and Riek Machar. IGAD cessation of hostility monitors should ensure their reporting covers violations of international humanitarian law and IGAD members should use these reports, and other relevant information, to help put in place targeted sanctions against abusive leaders. Information about abuses against civilians in the monitor’s reports should be made public. The UN Security Council should ensure the speedy deployment of promised additional peacekeepers to UNMISS. These forces should shore up protection of civilians around UN bases, where many civilians have been attacked, and in surrounding towns and also ensure human rights monitors are able to reach wider areas. The pain and trauma caused by the past decades of brutal conflict has undoubtedly played into the extraordinary cruelty in the current conflict which many Southerners have said is worse than in the 1993-2005 war. Donors should increase funding for psychosocial support and for survivors of sexual violence and rape, widely under-reported in South Sudan and support community groups to assist survivors and collect information. A broader process of national healing that recognizes the scale of both current and past crimes is also needed to promote peace for South Sudanese. But for such a process to be successful it should be independent and inclusive, provide for truth telling by both victims and people in positions of power and should not be used to sweep abuse aside or to avoid trials of alleged perpetrators of serious crimes. 5 HUMAN RIGHTS WATCH | AUGUST 2014
Recommendations To the Parties to the Conflict • Ensure all forces, including any affiliated militia or proxy forces, immediately cease all violations of international human rights and humanitarian law. • Exclude amnesty for serious crimes committed in violation of international law in any peace agreement. • Ensure justice for serious crimes committed in violation of international law, by immediately committing to fair, credible investigation and prosecution of the crimes in accordance with international standards. Given the current limited capacity of the South Sudanese justice system, such trials could be pursued through a hybrid international-national judicial mechanism that includes relevant international support and participation such as international investigators, prosecutors and judges, acceptance of the ICC’s jurisdiction by the government of South Sudan through a declaration under article 12(3) of the ICC’s Rome Statute, or referral to the International Criminal Court by the UN Security Council. • Ensure that the peace negotiations are inclusive and that broader complementary accountability mechanisms, for example, compensation for victims, truth telling and national reconciliation and vetting of security forces also are carefully considered, and, with the consultation of South Sudanese communities, provided for in any peace agreement. • Immediately end the use and recruitment of child soldiers in organized forces or any allied groups. • End attacks on and around UN bases, UN personnel and assets, and ensure that civilians seeking refuge at UN bases enjoy safe passage to the bases. • Ensure unimpeded access by humanitarian aid organizations to all populations in need of assistance and ensure that humanitarian and medical facilities, staff, and material, including food stocks, are protected from attacks, looting or diversion. • Ensure unimpeded access, including to conflict-affected areas, and otherwise cooperate with the African Union’s Commission of Inquiry, UN human rights SOUTH SUDAN’S NEW WAR 6
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Page 3 and 4: Copyright © 2014 Human Rights Watc
Page 5 and 6: IV. Attacks on Civilians in Bentiu,
Page 8 and 9: Summary ‘The leaders of the SPLA
Page 10 and 11: Tens of thousands of Nuer remain sh
Page 14 and 15: monitors, independent journalists a
Page 16 and 17: attack on the UN base in Akobo and
Page 18 and 19: the ICC’s jurisdiction by the gov
Page 20 and 21: • Counselling to address the emot
Page 22 and 23: interviews were conducted by teleph
Page 24 and 25: country, dictatorial tendencies and
Page 26 and 27: Riek escaped from Juba on the night
Page 28 and 29: continues in all three states. In m
Page 30 and 31: The new war in South Sudan began wi
Page 32 and 33: house was attacked as Riek had alre
Page 34 and 35: eatings and arrests of Nuer, mostly
Page 36 and 37: Attacks on Nuer Civilians Including
Page 38 and 39: Three witnesses separately reported
Page 40 and 41: immediately opened fire, injuring h
Page 42 and 43: Nuer were attacked at or immediatel
Page 44 and 45: army uniforms -that they were Nuer
Page 46 and 47: One young Nuer man described how so
Page 48 and 49: A member of parliament, Jal Thich w
Page 50 and 51: site was a concrete cellar, with st
Page 52 and 53: move because, he said, he was repea
Page 54 and 55: In late January government official
Page 56 and 57: At least four prisoners were shot i
Page 58 and 59: neighborhoods sometimes apparently
Page 60 and 61: decomposing bodies. In another hut
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and military uniforms, attacked the
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IV. Attacks on Civilians in Bentiu,
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office of the Sudd Petroleum Operat
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aftermath of the attack, around 30
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Attacks on Civilians by Government
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Human Rights Watch heard several re
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saw many bodies at the roundabout a
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V. Attacks on Civilians in Malakal,
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mobile and money. They pointed thei
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Images of a neighborhood in the sou
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Images of a neighborhood close to t
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On May 27, the UN Security Council
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Human Rights Reporting Public human
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VII. Justice and Accountability Leg
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no opposition forces or other milit
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during the crackdown. Several milit
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government and military leaders to
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journalists and freedom of expressi
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government submitted a declaration
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Since mid-December 2013, South Suda
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