Home | News    Wednesday 28 October 2015

South Sudanese warring factions committed war crimes: AU report

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October 27, 2014 (JUBA/ADDIS ABABA) – The two warring factions involved in the South Sudanese conflict committed war crimes in the country’s capital, Juba, Bor, Bentiu and Malakal towns, the African Union Commission of Inquiry on South Sudan (AUCISS) observed in its report.

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Chairperson of the African Union Commission of Inquiry on South Sudan crimes Olusegun Obasanjo (Photo: premiumtimesng)

Most “indiscriminate” and “unlawful” killings of civilians or soldiers in Juba were, however, allegedly committed by element of government security forces.

“These attacks resulted in massive killings in and around Juba. The people killed were either found during the house to house search or captured on roadblocks,” partly reads the 318-page report also obtained by the Sudan Tribune.

The commission also said there are reasonable grounds to believe war crimes of rape and torture were committed against civilians in and around Juba, citing evidences that point to state security involvement.

“The evidence collected also suggests that war crime of forced enlisting of children in the army were committed,” the five member commission noted.

MALAKAL KILLINGS

According to the commission of inquiry findings, war crimes were believed to have been committed by government soldiers in Malakal Teaching Hospital through the killings of civilians by some of the soldiers within the South Sudanese military (SPLA).

“The civilians killed were Nuers who had sought shelter at the hospital at night. About six Nuers were killed on diverse dates between 22nd January and 17th February 2014,” it said.

“Some others men women and children were selected, gathered and taken to the river where they were killed”, the report adds.

Government soldiers, it further observed, were involved in the killings in Hay Saha, a neighbourhood in Malakal town, where at least 3 civilians not participating in combats were killed.

“After Malakal was captured by rebels on February 18, 2014 there were killings of civilians of Shiluk ethnicity committed by the rebels at Malakal Hospital. Around 35 people were killed,” it noted.

There are also various accounts and testimonies on killings said to have been conducted by state security agents in the Juba, Bentiu and Bor towns.

However, the five-member commission tasked to investigate the human rights violations and other abuses committed during the armed conflict in South Sudan equally attributed war crimes allegedly committed to the armed opposition (SPLA/IO) and the white army forces allied to ex-vice president, Riek Machar in Bor.

Former Nigerian president, Olusugen Obasanjo led the five-member commission of inquiry.

The commission further considers that there are reasonable grounds to believe that war crimes in relation to massive and indiscriminate attacks against civilian property were carried out in Bor town, partly read the report.

“Visible evidence of torched non-military objectives like houses, market place, administration houses, hospital, form the basis to believe that these crimes were committed,” it further said.

NO GENOCIDE

Meanwhile, commission said there were reasonable grounds to believe that no crimes of genocide were committed during the mid-December 2013 conflict despite the seeming ethnic nature and dimension the South Sudanese war.

It however concluded that some of the serious violations of human rights could amount to crimes against humanity were committed during the conflict and that further investigations be done to identify those responsible.

PRESIDENTIAL POWERS

Meanwhile, the commission found that the Transitional Constitution of South Sudan gives the presidency too much power amidst a weak institutions and a gap between the judiciary, legislature and the executive. As such, it noted, the president’s power to remove some state officials, often without proper controls, was one cause of instability.

“The Commission recommends that the future Constitution should establish a well-balanced system of separation of powers with adequate checks and balances,” it said.

This, the report further added, should be achieved through empowering and strengthening the capacity of the legislatures at both levels of government; subjecting major executive appointments to legislative approval; strengthening the judiciary (ensuring structural and financial independence from the political branches) and adherence to separation of powers, cultivating a culture of respect for judicial independence and rule of law.

The commission of inquiry has, however, recommended that the appointment and removal of the country’s vice president be subjected to the approval of the legislature.

(ST)

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  • 28 October 2015 07:04, by Jur Tier

    I have never seen a one-sided report as such in my life time. Either those who headed the investigation were bribed or did lack the capabilities to do the job. The finding only aimed at making sure that the government was responsible for all the crimes committed. There are vedeos of the mass graves in Bor of over 25,000 lives loss. Was that the government?. Shame on AU Commission. You are hired!

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    • 28 October 2015 15:28, by Ayuiu Makuac Lam

      The reports is not quit clear.
      where it can show that AU are not published the reports it is a reports come from rebels supported side.

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    • 28 October 2015 21:09, by dinkdong

      Shut up Jur and Ayuiu! Those fools (Kiir and Riek) you always supported are criminals. They need to answer to the ICC.

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  • 28 October 2015 07:51, by Tom D

    Dear Jur,
    This to inform you that, there is no way for you to deny the fact. The AU reports contained concrete evidences about the killing which was carried out by mathiang Anyoor private army.The killing of civilians is state policy and well coordinated by the regime in Juba.What goes round come round, it’s time to test what you have planned. ICC is on the process to issue arrest warrant to p Kii

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  • 28 October 2015 07:51, by hamil

    No genocide really? I think this AU report is daft the Jieng Council of Elders said they wanted to reduce the Nuer population to half or less is this not an attempt towards acts of genocides? I don’t support the actions of both the government and the rebels because both committed unforgivable crimes on innocent lives

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    • 28 October 2015 08:18, by Malakal county Simon

      The good thing about this Juba Nuer Massacre is that is not a spontaneous, it was planned massacre headed by foolish president Kiir...... The following below are sector’s commanders to execute the planned, and report directly to the foolish president!!

      1/ Salva Mathok - Commander in charge of Hai Amarat including Dr Machar home.

      2/ Bol Akot - Commander in charged of Mia Saba and Gudele.

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      • 28 October 2015 08:29, by Malakal county Simon

        Continue.....

        Marial cinuom ( current presidential guard commander) _ He was acommander in charged of Khor William surbub......

        The ball is on Nuer hands, whether to let’s them walk freely like they have done nothing, or let’s them pay the price in order this shameful does not occur again in the future!!!!!!

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    • 28 October 2015 11:03, by Stephen kuach

      This is ridiculous and bias report/where is the report of those 400 innocent S.Sudanese and some Sudanese traders whom were rounded up in sanctuary places in Bentiu in the presence of UN peace keepers in which rebel used their hate language,why failed to mentioned,what about Baliet massacre which was committed by the rebel on Feb/2014 where the lives of more than 375 innocents people were killed?

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      • 28 October 2015 15:41, by jubaone

        Stephen,

        You are just reading a short version of the 318-page report. Of course it would be too large for you to read. Wait for the pdf format before you make your foolish remarks. Typical jaang, twisted logic always saying the opposite.

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  • 28 October 2015 08:38, by Uncle J

    December 15 went a fake genocide just like there was no evidence for attempted coup. This
    report is very not fair since there will be no testimonies against myNiggazKiirNriek in the ICC.

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  • 28 October 2015 11:31, by Thondet Manyang

    This is USA Report not AU since Obama was in Adis while same committee was there. The always faked movies at POCs by UNMISS should not be considered as independence and concrete reports. Fool!!!

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    • 28 October 2015 12:15, by King of Nyamlel

      One-sided report by AU. The AU team was hired by America. Waiting for government reaction. I will not write to defend selfish leaders this time. You must bear your own cross to Bethehelm.

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      • 28 October 2015 15:20, by Frak Cho

        Dear People,
        When war started, I was in UNMISS camp and what I saw was unbelievable. We South Sudanese and the world need to note that UN, EU, AU, IGAD, ICC etc are all brief-cases of America. If Mathiang-Anyor is a private army, what of Nuer White Army that has been created by Dr Riek Machar since 1991? In 2012 Nuer white army overrun Pibor. They could not listen to president’s call but only Riek

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