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against civilian objects, such as homes and places of worship. 196 Pillage – the forcible<br />
taking of private property – is also prohibited. 197<br />
In many cases documented by Human Rights Watch in South Sudan, soldiers from both<br />
opposition and government forces purposefully attacked civilians, including the elderly,<br />
disabled, and children, targeting and killing them where no enemy forces were located.<br />
Threats of violence with the primary purpose to spread terror among the civilian population<br />
are also prohibited. 198<br />
Responsibility may also fall on persons ordering, planning, or instigating the commission<br />
of a war crime. 199 Commanders and civilian leaders may be prosecuted for war crimes as a<br />
matter of command responsibility when they knew or should have known about the<br />
commission of war crimes and took insufficient measures to prevent them or punish those<br />
responsible. 200<br />
For example, government forces had long left Bor town in early - mid January and<br />
opposition forces could have had no conceivable military objective as they moved<br />
through neighborhoods shooting Dinka civilians they saw moving in or near their homes.<br />
The killings took place at the beginning, middle and end of the occupation period and<br />
civilians said they were attacked several times, suggesting no effective efforts were put<br />
in place to stop the abuse by the opposition commander in charge of the town at the<br />
time, Peter Gadet. These forces also burned the Bor town’s main market and clinics and<br />
at least 14 pharmacies and looted widely. In Malakal during attacks in January and<br />
February 2014 opposition forces conducted similar targeted killings, destruction of<br />
civilian property and looting.<br />
By the same token, government forces and their ally JEM attacked civilians in Leer county<br />
in January and February. These forces attacked villages over several weeks including where<br />
conflicts. See also Rule 1 of the ICRC Study. For the prohibition on murder, mutilation, inhuman treatment and torture see<br />
common article 3 (1) (a) of the Geneva Conventions and article 8(2) (c) (i) of the Statute of the International Criminal Court.<br />
196 See ICRC, Customary IHL, rule 7.<br />
197 Protocol II, Article 4 (2)(g). Also, Protocol II specifically bans attacks, destruction, or removal of objects indispensable to<br />
the survival of the civilian population including food-stuffs, agricultural areas, crops, livestock, drinking water installations<br />
and supplies, and irrigation works. Protocol II, Article 14.<br />
198 Protocol II, Article 13.<br />
199 See ICRC, Customary International Humanitarian Law, p. 554.<br />
200 See ICRC, Customary International Humanitarian Law, rule 153.<br />
SOUTH SUDAN’S NEW WAR 82