19/03/2025
The bombing of civilians in Nasir and Longechuk Counties using chemical weapons and the manner in which it was carried out is not only inhumane and an act of cowardice, but also a grave violation of international humanitarian laws regulating warfare.
South Sudan is a signatory to the four 1949 Geneva Conventions, having acceded to these Conventions on July 20, 2012. This means they apply to the country. The 1949 Geneva Conventions, in addition to international humanitarian customary practices, regulate warfare; they outline what should and shouldn't be done when engaging in a conflict. These treaties were formulated with the understanding that war or conflict is inevitable—the world cannot completely contain or prevent it. However, we can still enact laws that regulate the manner in which conflicts are conducted to reduce humanitarian suffering. These laws are complementary to human rights law. If one violates those Conventions and customary practices, it constitutes a war crime.
Among the principles entrenched in international humanitarian law is the "principle of distinction." This principle dictates that the object of attack by the conflicting party should be the opposing combatants and their military objects. It further stipulates that if there is any doubt as to whether those targeted are combatants or civilians, they must be presumed to be civilians until it is otherwise established. In the recent air attack on Nasir and Longechuk, the South Sudanese government, through its hired Ugandan People's Defense Forces, fell short of this principle. Nasir has been inhabited by men, women, and children since the signing of the R-ARCISS, when civilians returned from 2014 displacement . Not to mention Longechuk that has no reason for its civilians to vacate the town. UNMISS, the Governor of Upper Nile, its Deputy, and many others who have visited the county headquarters can attest to this fact. Civilians—children, women, men, and the elderly—have been living in the town despite the constant clashes between armed civilians and the government . This has been made possible by the fact that the SSPDF were not stationed at the center of the town but at some distant corner. That is why women have been killed in clashes between armed civilians and the SSPDF that precede the last two battles. If the government wanted to attack the entire town of Nasir, and if there was a reason to do so, they should have given fair notice for civilians to evacuate the town in order to isolate those they intended to target. The government failed to do that and instead bombed the towns of Nasir and Longechuk indiscriminately, resulting in over twenty deaths and a significant number of casualties on March 17, 2025. This is nothing short of a war crime. Just yesterday, they recklessly and mercilessly bombed two commercial vehicles in Akobo for no known reason. This suggests that the government is ethnically targeting the Nuer people, as it did in 2013; why else would Akobo, which has no issues with the government, be bombed?
The aerial bombardment is ongoing. It continued its attacks last night in Nasir, and casualties are not yet known. This makes it clear that the government has returned the country to war with the agenda of targeting Nuer people.
Furthermore, the government has used and is still using chemical weapons, which are weapons of mass destruction. The use of chemical weapons is prohibited not only when fighting one's own civilians but even against a hostile enemy state. Therefore, the Government of South Sudan's use of chemical weapons on civilians constitutes a war crime. The world needs to stop and hold it accountable.
Jekow Koang Duer Makuach
