A prosecution witness has told the special court in Juba that suspended First Vice-president Dr. Riek Machar is linked to the Nasir killings through evidence of “command responsibility”.
The claim was made after defence lawyers repeatedly demanded direct evidence connecting Machar to the deaths of more than 200 government soldiers in the town of Nasir in March 2025.
The legal concept of command responsibility can hold military leaders accountable for crimes committed by their subordinates, even if they did not personally order them.
The evidence was presented during the high-profile trial’s 29th session at Freedom Hall on Wednesday, which resumed after a delay caused by the illness of one of the judges, Justice Stephen Simon.
Defence challenges direct evidence
The session saw the defence continue its cross-examination of Major Peter Malual, a member of the South Sudan People’s Defence Forces (SSPDF) military investigation committee.
Defence lawyer Kur Lual Kur pressed the witness on the lack of direct proof against Machar. Major Peter acknowledged that the committee had no audio or video evidence showing Machar directly ordered the killing of the garrison commander, Gen. David Majur Dak.
The defence also questioned whether Machar had actually tried to help besieged soldiers in Nasir. They asked if he had supervised the evacuation of 198 SSPDF troops, requested UN aircraft for their rescue, or provided them with food and water via local officials.
Major Peter denied these claims, stating the soldiers survived on chickens kept at the garrison and water from a vehicle radiator. He said the committee found the evacuation was conducted by the SSPDF, though Machar was consulted as Nasir was under his SPLA-IO faction’s control.
Tensions flared briefly when the defence asked if the military committee cooperated with a parallel police investigation. Major Peter responded sharply that there was “no reason to cooperate” and no such cooperation existed.
Another defence lawyer, Warnyang Kiir Warnyang, further challenged the scope of the military investigation. He asked about the distance between the SSPDF and the SPLA-IO in Wie-Yar Adieu. Major Peter said these matters were not investigated or were outside the committee’s mandate.
A significant exchange focused on the massive loss of military equipment during the garrison’s fall. Defense Lawyer Warnyang asked about weapons valued at an estimated $58 million that were allegedly abandoned during the SSPDF’s withdrawal.
Major Peter provided a detailed account of the chaotic retreat. He testified that the area was completely overrun, with more than 200 SSPDF soldiers killed in the fighting. In the disorder, he stated, many surviving soldiers fled for their lives without their personal weapons.
He further explained that some firearms were not merely abandoned but were actively surrendered to the White Army militia as ransom for the release of captured comrades. Additionally, he confirmed that heavier weapons and vehicles left behind at the garrison were later seized by elements of Machar’s SPLA-IO forces.
Prosecution presents ‘command’ case
Following the cross-examination, public prosecutor Martha Joby Jeremiah re-examined another witness, referred to as Deng.
Deng presented the prosecution’s counter-argument: that Machar’s overall authority made him responsible. He testified that as commander-in-chief of the SPLA-IO opposition group, Machar formed a committee on 1 March 2025 to oversee SSPDF movements in Nasir. The garrison was attacked two days later.
Deng alleged this committee included White Army Commander Colonel Tor Gile and his deputy, Kang Makana, who led the second attack.
He cited video evidence in which Kang Makana and the former Nasir County Commissioner, James Gatluak Lew, declared their alignment with Machar and the SPLA-IO. Further footage allegedly showed Tor Gile briefing White Army youth and outlining the attack plan on the army garrison.
“These actions demonstrate command responsibility,” Deng told the court, arguing that only a commander could authorise such operations without being physically present.
Case adjourned
The presiding judge stated that the witness’s testimony requires further review. The court has adjourned and will reconvene on Friday, 12 December, when the bench will directly question Major Peter Malual.
Dr Riek Machar and seven co-accused face multiple charges including murder, conspiracy, terrorism, financing terrorism, treason, destruction of public property, and crimes against humanity.
The charges relate to clashes in Nasir County in March 2025 between the White Army – a community-based militia – and the SSPDF. The government alleges SPLA-IO forces were involved, leading to the death of General David Majur Dak and 257 soldiers.