Human Rights Watch calls to investigate war crimes in South Sudan

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Human Rights Watch press release: war crimes should be investigated in
Malakal, Bentiu, AU commission of inquiry needs to begin work

February 27, 2014 - (NAIROBI) Both pro and antigovernment armed forces are
responsible for serious abuses that may amount to war crimes in two key oil
hubs in South Sudan during recent fighting, Human Rights Watch said today.

Human Rights Watch researchers visited Malakal and Bentiu, the capitals of
two oil producing states, between January 29 and February 14, 2014.
Researchers found that armed forces from both sides have extensively looted
and destroyed civilian property, including desperately needed aid
facilities, targeted civilians, and carried out extrajudicial executions,
often based on ethnicity.

"The wanton destruction and violence against civilians in this conflict is
shocking," said Daniel Bekele, Africa director at Human Rights Watch. "Both
sides need to stop their forces from committing abuses and hold those who
have responsible for their actions, and the African Union (AU) should
accelerate its long promised investigations."

Since late December 2013 Human Rights Watch researchers have investigated
allegations of serious abuses and violations of international humanitarian
law in Juba, Bor, Bentiu, and Malakal. Researchers interviewed hundreds of
victims and witnesses of the fighting and attacks, and investigated sites
of attacks in all locations where security permitted access.

The towns of Malakal and Bentiu are now extensively destroyed and mostly
empty because terrified residents fled to United Nations (UN) camps and
surrounding rural areas. Threat of further attacks and targeting of
civilians based on ethnicity prevent the vast majority from returning. Both
towns are important political and economic hubs, where residents from many
ethnicities have lived together.

Despite an agreement on January 23, 2014, to end the hostilities, and
signed on by both the government and antigovernment forces, now known as
SPLA-in-Opposition, there have been new attacks by both sides. Credible
reports indicate that government forces, in some cases supported by the
Ugandan military, attacked Leer, Gatdiang, and other locations in Unity
state in early February.

On February 18 opposition forces, including the so-called white army of
armed Nuer fighters, attacked Malakal. Human Rights Watch has also received
credible reports that on February 19 opposition forces killed civilians at
the Malakal hospital, and that fighting both near and inside the UN camp in
Malakal resulted in additional casualties.

A political dispute between President Salva Kiir, from the Dinka ethnicity,
and former Vice President Riek Machar, from the Nuer ethnicity, is behind
the conflict. The fighting began when members of the South Sudanese
presidential guard clashed in Juba, the country's capital, on December 15,
2013. President Kiir said the fighting was a coup attempt by Machar and his
allies, which Machar has denied. Since December 15, the conflict has spread
to other towns and villages in Unity, Upper Nile, and Jonglei states.

In any armed conflict, murder, attacks directed at civilians, civilian
property - including objects used for humanitarian relief - and pillage are
prohibited and constitute war crimes. A clear pattern of reprisal killings
based on ethnicity, massive destruction, and widespread looting has emerged
in this conflict, Human Rights Watch said, based on its research.

In Juba, Human Rights Watch researchers found that Dinka members of South
Sudan's security forces carried out widespread killings and mass arrests of
Nuer soldiers and civilians during the first week of the crisis. Human
Rights Watch has also documented killings of Dinka civilians in the town of
Bor, where opposition forces - including the Nuer "white army" fighters -
destroyed and looted markets and homes, and killed civilians hiding in
their homes or other buildings. As elsewhere in South Sudan, the attacking
Nuer youths have cited revenge for the killing of Nuer in Juba as a
motivation.

In Bentiu and the adjacent town of Rubkona, a majority ethnic Nuer area,
there was fighting between pro and antigovernment members of the country's
Sudan People's Liberation Army (SPLA) on December 20 and 21. Opposition
forces held the towns until January 10, 2014. Human Rights Watch received
reports that government forces, consisting of pro-government SPLA and
Sudanese rebel Justice and Equality Movement (JEM) fighters, extensively
looted shops, homes, markets, and offices of aid agencies. Large areas of
Bentiu and most of Rubkona were burned during the recapture of the towns.

Although most civilians fled their homes ahead of the arrival of the
government forces, government soldiers shot and killed civilians who
remained, residents said. Human Rights Watch also received reports that
government forces burned villages in Guit county as they pursued the
opposition forces in the following days.

When opposition forces were in control, the antigovernment soldiers,
together with police and civilians, looted Bentiu and Rubkona, including
before fleeing the towns on and in the days before January 10. As
antigovernment soldiers and civilians fled into rural areas, the soldiers
also stole precious food from civilians.

Researchers also found that prior to the first clash in December 2013,
ethnic Nuer - including members of government security personnel - had
attacked ethnic Dinka living in Bentiu and Rubkona, including targeted
killings.

In Malakal, an ethnically diverse town of mainly Shilluk, Nuer, and Dinka
communities, conflict erupted on December 24 when pro and antigovernment
forces clashed at SPLA barracks, the airport, and key locations in town.
The government recaptured the town on December 27, but it changed hands
again on January 14, 2014, January 20, and most recently on February 18,
following a third attack by opposition forces.

The town has been extensively burned and looted, and almost all civilians
have fled to villages, churches, the hospital, or the UN compound north of
the town.

Human Rights Watch found that each side, when in effective control of the
town, attacked civilians, destroyed and looted civilian property -
including food and humanitarian aid - and targeted people based on their
ethnicity. During a week in January when the opposition effectively
controlled Malakal, for example, "white army" Nuer fighters went house to
house looting and robbing residents at gunpoint, killing some in cold blood.

While government forces were in control of Malakal from January 20 through
mid-February, soldiers looted and burned civilian properties and carried
out targeted killings of civilian ethnic Nuer men, including inside the
Malakal teaching hospital, witnesses and family members told Human Rights
Watch.

The UN Mission in South Sudan (UNMISS) provided safe haven for tens of
thousands of civilians - more than 27,000 in Malakal and more than 7,000 in
Bentiu at the height of the conflict - and in some cases transported
residents to safety, almost certainly saving numerous lives.

"The conflict in South Sudan is far from over, with civilians still at risk
of further abuse even inside UN compounds," Bekele said. "Military
commanders from both sides have an obligation to immediately and
unequivocally order their forces to stop attacking civilians and civilian
property, and the commanders need to hold abusive soldiers to account."

A thorough and impartial investigation into human rights abuses during this
conflict is a necessary first step to secure justice for victims and to
respond to widespread anger, in particular resulting from the ethnic
targeted killings of civilians. Unaddressed, these abuses risk leading to
further violence, Human Rights Watch said.

On February 21 the UN mission released its interim report on human rights
abuses during the conflict, detailing abuses by both sides. The report is a
positive step and should be followed by more frequent public reporting in
an effort to prevent further abuses by both sides.

On December 30, 2013, the AU Peace and Security Council called for an AU
commission of inquiry to report by March 30, 2014, on human rights
violations and other abuses during the conflict. Despite the urgency of
this task, the commission has yet to be appointed.

"The start of the AU's promised investigation is long overdue," Bekele
said. "It is urgently needed, both to prevent further abuses and as a
crucial step in the path to lasting peace."

For further details, please see below.

*Bentiu and Rubkona*

Bentiu and neighboring Rubkona are a gateway to key oil fields, with a
population largely of ethnic Nuer. On December 21, 2013, following
skirmishes between pro and antigovernment forces at army barracks, General
James Koang, the head of the SPLA's Division 4, defected and declared
himself the military governor of Unity state. His forces exercised control
over the towns until January 10, 2014, when government forces attacked and
recaptured them.

During the period when Koang's forces were in control, opposition soldiers
loyal to him, as well as police and civilians, extensively looted markets,
shops, and the offices of numerous international aid organizations.

After taking control of the town on January 10, pro-government forces also
looted and burned large areas of Bentiu, including markets on either side
of the main road and almost all of Rubkona market and surrounding
neighborhoods, leaving only charred remains.

Bentiu and Rubkona are currently under government control. Some civilians
have returned to the town looking for food, but the majority of the
population continues to take shelter at the UN base or have fled to other
areas.

*Attacks on Civilians by Government Forces*

As the government forces entered Rubkona from the north on January 10,
Dinka who had taken shelter at the UN compound, including some
pro-government soldiers who had fled during Koang's defection, jumped over
the fence and joined the attacking forces. Witnesses saw the government
soldiers give these men weapons, including machetes, and described seeing
some men from this group beat Nuer civilians living next to the base and
burn numerous huts.

At least five people were killed, including an elderly woman who was burned
in her hut. "They came, pushed me in, and then lit my house on fire," said
another elderly woman who survived and who still had severe burns on her
face and arms when she spoke to Human Rights Watch. "They were singing in
Dinka when they came up to me. When they saw that I had [traditional
scarification] marks, they identified me as Nuer."

Almost all of Rubkona and Bentiu's civilian population had fled the towns
ahead of the government attack. Government forces shot at the remaining
civilians, killing some as they fled toward the UN compound. A witness told
Human Rights Watch that he saw Sudanese rebels from JEM and government
soldiers taking aim and shooting civilians as they were running toward the
UN base.

After the government forces recaptured the town, witnesses saw about 30
civilian bodies on the road between the town and the UN base, including
some in areas where there had been no exchange of fire with opposition
forces. Civilians who fled to nearby streams and swampy areas said the
government soldiers shot at them in their hiding places in tall rushes.

"I saw three people shot ... in the head and chest," said one man who hid
among reeds for three days without food or water. "On the second day of
hiding they decided to walk out [of hiding] and then they were shot."
Another man who hid nearby in a riverbed said soldiers burned the rushes,
perhaps to get a better look at where people were hiding: "If you got out
you would be killed, if the grass [rushes] moved they shot at you," he
said. The same man saw soldiers shoot a boy running beside him as he fled,
and saw the bodies of a woman and two other children in the river after
soldiers shot them.

Human Rights Watch was also shown the remains of five civilians reportedly
shot on the same day in a neighborhood of Rubkona, close to these hiding
areas. Their bodies had been burned at the site. A young man, around 18
years old, said he had been shot in his left thigh by government soldiers
as he ran away from them. A government worker said his 19-year-old nephew
was also killed on January 10 and his body had been left in the Kallevalle
neighborhood of Bentiu. Several people told Human Rights Watch that they
had seen or heard of bodies left in various neighborhoods in Bentiu
following the recapture of the town.

*Ethnic Targeting Before the Government Attack*

Human Rights Watch found that prior to the clashes on December 20, 2013,
ethnic Nuer members of security forces targeted ethnic Dinka civilians in
Bentiu and Rubkona in reprisal for the killings of Nuer in Juba in December.

A government administrator was killed and two others were injured when a
mix of Nuer police and wildlife personnel attacked a house in Bentiu, a
relative of the inhabitants said. One woman said Nuer members of the
wildlife service beat her aunt so badly on the night of December 20 that
she later died. Another man said that Nuer policemen had killed four people
in his house after he fled.

One church leader said he gathered frightened Dinka in his church on the
night of December 19 as Nuer civilians and armed police moved around his
neighborhood looking for Dinka: "I heard people talking behind my fence
saying, 'We will kill all Dinka.' It was a mix of civilians and police." He
saw the body of a Dinka woman, a cleaner in his church, among around 15
corpses sent to the hospital the next day.

A senior government official said that about 70 Dinka civilians had been
killed during the targeted killing in the towns. As most Dinka had already
moved to ethnic Dinka parts of Unity state, Human Rights Watch was unable
to ascertain the full extent of the killings.

Efforts by government officials, army officials, and the UN mission to
collect Dinka and move them to the UN camp probably helped save many lives.

*Malakal*

Conflict spread to Malakal, the ethnically diverse town with large groups
of Shilluk, Nuer, and Dinka, on December 24. Nuer forces commanded by
General Garhouth Galwak defected from the SPLA and other security organs
and clashed with the pro-government forces in several locations, including
near the UN compound north of town.

The government recaptured the town on December 27 and held it for several
weeks. The town changed hands again with an opposition attack on January
14, 2014, back to a government recapture on January 20, and a another
opposition attack on February 18. The attacking opposition forces in
January and February included thousands of fighters in the so-called white
army, the name used to describe large groups of armed Nuer youths fighting
en masse, in addition to uniformed opposition soldiers.

Forces on both sides killed many civilians, often based on their ethnicity.
The death toll is unknown, but many people interviewed by Human Rights
Watch said they saw dozens of bodies lying on main roads in January and
February. In addition to the targeted killings, civilians were killed in
the crossfire during clashes near the UN compound on December 24, 2013,
January 20, 2014, and February 18, and as a result of fighting inside the
camp for displaced people inside the compound.

*Attacks on Civilians by Opposition Forces*

During their attack on January 14, the opposition "white army" fighters,
wearing colored headbands to indicate their country of origin, went house
to house demanding money, phones, food, or other goods. They looted
indiscriminately, including from ethnic Nuer residents, but appear to have
carried out more violence against non-Nuer residents.

In one example, two armed "white army" members shot a man from Maban county
in the face and stomach, killing him instantly, when he refused to hand
over money and mobile phones, said his 22-year-old wife, who witnessed the
shooting:

When the rebels came from Nassir, we were at home. Some came together and
demanded a mobile. My husband, Jumaa, said 'No, we don't have one.' The
rebels left but then two of them came back and again asked for a mobile and
money. They pointed their gun at Jumaa and shot him in the belly and in the
mouth.

A priest from Western Equatoria from the Moro ethnic group, told Human
Rights Watch that he had remained in town following the opposition attack
on January 14. He said that a soldier had arrested his son, tied his hands,
and took him to the river at gunpoint. "The neighbor who saw this called
us, and me and his mother went running after the soldier," the clergyman
said. "He started to fire in the air, then recognized me and let my son go."

Many witnesses interviewed by Human Rights Watch said they had left the
town before the January 14 attack. They said that people who returned to
the town after the attack reported seeing dead bodies on the streets or in
homes, and that the victims apparently had been shot during robberies.
Since the opposition forces recaptured the town on February 18, witnesses
reported seeing additional dead bodies and burning houses.

*Ethnic Targeting by Government Forces*

Human Rights Watch received consistent reports from many sources that
government soldiers targeted ethnic Nuer males for arrest and killings
after January 20. A Nuer Presbyterian pastor was among those reported
killed, as he was shot in the street in the days after the town was
recaptured.

"When the government came, they targeted Nuers," said a witness, a
clergyman. "One pastor we know was killed. He put on his collar and wanted
to visit the hospital but was shot on the way."

A 20-year-old student told Human Rights Watch that a group of seven
soldiers arrested him and two friends as they were walking to the UN
compound on January 20. The soldiers tied the youths' hands with rope, put
them in a vehicle, and then handed them over to other soldiers at a
military barracks.

"They lined us up outside of a building and started shooting at us," he
said. "When they shot at me I just fell down." The three of them were left
for dead, but an hour later another soldier discovered that one youth was
alive and took him to the hospital. His wounds required amputation of his
right hand.

Another student, 18, said that on January 24 a group of government soldiers
arrested him and two other Nuer youths at their home in Muderia area, took
them to the riverbank, and shot at them.

"They took us because we are Nuers," the youth said. "They walked us to the
riverside near the hospital. They told us to sit down and then they shot
us. I tried to run into the river after I was shot and I fell into the
water."

He was shot in the buttocks and the thigh, and could not walk. Another
soldier found him later that day and took him to a church. He believes the
other two youths were killed.

Soldiers also arrested Nuer men at the Malakal teaching hospital, where
thousands of residents, most of them Nuer, had sought refuge when the
government recaptured the town. Witnesses said the soldiers pulled the
young men out of the hospital, took them near the river, and shot them. One
24 year old student who had sought refuge in the hospital said he went to
the riverbank after hearing gunshots in the evening and saw four bodies of
Nuer men in their twenties.

Another student, also in his early twenties, was in the hospital because he
had been shot in the crossfire during the December 2013 clashes. He told
Human Rights Watch that a soldier had entered his room where he was
staying, demanded his younger brother, 20, come out of the hospital, then
took him near the river and shot him. Their 60-year-old mother found the
body the next day. "When I went to the river I saw my son with my own
eyes," she told Human Rights Watch. "I couldn't bury him because soldiers
were at the river."

*Widespread Destruction, Looting*

The clashes and attacks, widespread looting and destruction, and other
abuses by both sides have left the town destroyed and empty. Many witnesses
noted that Malakal has never seen this level of destruction, even during
the long civil war. Tens of thousands of civilians, some fleeing ahead of
the first clash in December 2013, are now in villages or taking shelter at
churches or the UN compound, seven kilometers from the town.

Following initial looting and burning by opposition forces in December,
thousands of "white army" fighters from Nassir, Ulong, and other Nuer areas
did substantial damage during six days in January 2014, looting the
remaining shops, homes, and humanitarian aid compounds. These forces
continued to destroy civilian properties when they regained control over
the town following a February 17, 2014, attack, according to aid workers.

Government forces also looted and burned civilian property after January
20, said displaced residents who are now at the UN compound, particularly
as law and order broke down and many of the state's top officials defected
or fled. When Human Rights Watch visited the town on February 13, several
homes were aflame or smoldering from fires caused by vandalism.

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