South Sudanese government generals Matthew Puljang, Thiab Gatluak Taitai, and Paul Malong should be investigated over their alleged roles in planning, executing, or overseeing the killing, rape, and forced displacement of civilians by SPLA troops and their allies in Unity state, Human Rights Watch said today.
The human rights group said that government forces and allied militia from the Bul Nuer group committed war crimes and possible crimes against humanity beginning in April when they launched an offensive through southern Unity.
In a 42-page report based on more than 170 survivor interviews, the group’s researchers documented massive forced displacement of populations as well as killing of civilians, including through shooting, beating, hanging and burning people alive. The report also alleged gang rapes and abductions of women and children for forced labor, in addition to stealing of cattle and destruction of food and humanitarian supplies.
A United Nations human rights report plus reports by UNICEF and media have documented similar atrocities against civilians allegedly committed by SPLA and their Bul Nuer allies.
“Attacks deliberately targeting civilians, murder, and rape constitute war crimes and acts such as murder and rape may also amount to crimes against humanity, both of which are among the most serious crimes under international law,” Human Rights Watch said. “Those who should be prosecuted include persons who ordered planned or instigated the commission of a war crime and commanders and civilian leaders may be prosecuted for war crimes as a matter of command responsibility.”
Human Rights Watch said that Puljang, the SPLA Division 4 operations commander, and his senior officer Thiab were responsible at least for an offensive on Nhialdiu, according to the Unity deputy governor. Both men should be investigated “to determine any criminal liability, on the basis of both direct and command responsibility, for potential crimes,” the group said. The group further recommending investigations into commanders in charge of offensives in southern Unity in May, who would include SPLA commanders from Lakes state.
Human Rights Watch said SPLA Chief of Staff Paul Malong, the top military official in South Sudan who was appointed by President Salva Kiir last year, should be investigated for his role in planning attacks as well as what knowledge he had or should have had of abuses occurring.
The advocacy group demanded the SPLA immediately investigate and suspend military commanders whose forces allegedly committed abuses, and urged the international community to establish a hybrid court to bring perpetrators to book or invite the International Criminal Court to step in.
“There can be no compromise by the government of South Sudan or by the international community (including in particular the UN Security Council and the African Union) on ensuring accountability and justice for the serious crimes committed in violation of international law during the conflict in South Sudan,” Human Rights Watch wrote.
“To this end there should be no amnesty for serious crimes committed in violation of international law in any peace agreement,” the group continued. “On the contrary any agreement should foresee that the crimes are to be subject to credible, independent and impartial investigation; prosecuted in trials conducted with rigorous adherence to internationally recognized standards of due process; and sanctioned by penalties on conviction that are appropriate and reflect the gravity of the crime.”
Photo: General Matthew Puljang (left) and General Paul Malong (right) (Radio Tamazuj)