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(Nairobi) – Government soldiers and allied militias deliberately killed at least 16 civilians in South Sudan’s western town of Wau on April 10, 2017, in what appears to be an act of collective punishment, Human Rights Watch said today. The attacks were against people presumed to support the opposition because of their ethnicity.

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Christine Elia, 27, holds her twin sons at a displaced persons camp protected by U.N. peacekeepers in Wau, South Sudan, September 4, 2016. 2016. 

© 2016 Reuters

The killings followed weeks of tensions in the area, where South Sudan’s government has carried out an abusive counterinsurgency operation since late 2015. When the UN Security Council meets to discuss South Sudan later in April, it should condemn these crimes and ask the peacekeeping mission in South Sudan what steps it intends to take to deter further revenge killings in Wau and the surrounding area.

“The pattern of abuses by government forces against civilians in Wau has become predictable, with soldiers taking revenge against unarmed civilians based on their ethnicity,” said Daniel Bekele, senior director for Africa advocacy at Human Rights Watch. “The South Sudan authorities need to call a halt to the killings, investigate, and bring those responsible to justice.”

In November, a special investigation commissioned by the UN recommended that peacekeepers should move around in armored vehicles rather than remaining in their bases to better identify threats to civilian lives and prevent rapes on their doorstep. The UN is expected to release an update on steps it has taken to carry out those recommendations on April 17.

Hostilities erupted on April 8, outside of Wau, when government forces opened an offensive on opposition-controlled areas and opposition groups counter-attacked. The opposition killed two high-ranking government officers, including a prominent member of the Dinka tribe from the neighboring Lakes region.

On April 10, government soldiers and Dinka militiamen went from house to house in ethnic Fertit and Luo neighbourhoods on the southwest side of Wau, and killed at least 16 civilians, apparently in retaliation for the killing of the two men. Government authorities prevented UN peacekeepers from moving freely around the town, limiting their access to areas where the violence occurred.

The recent violence displaced nearly 8,000 people, about 3,800 of who sought safety in the Catholic church. Others have moved to a site adjacent to the United Nations’ Mission to South Sudan base, where more than 25,000 people had already gathered under UN protection.

A 26-year-old Fertit, mother-of-four, who is married to a Luo and was living in the Nazareth neighbourhood, said she was at home preparing a fire when she heard gunshots in the morning of April 10: “The attackers came over to my house. They wore civilian clothes, had their faces whitened with ashes, and carried spears and guns. I lied and told them that my husband was a Dinka and they said they would not kill me because I am their wife. They said: ‘don’t go out in the streets because we are killing people.’ When it calmed down, I went to my neighbor’s house. She had been shot in the eye. Her four children, between 3 and 15, were hiding under the bed. They were killed too. I saw their bodies.”

Human Rights Watch expressed concern about the possibility of further attacks on civilians, and urged the peacekeeping mission, UNMISS, to increase the number of troops stationed in Wau and to ensure adequate patrols of sensitive areas, such as around the Catholic church and southwest of the city. After Kenyan troops withdrew from the peacekeeping mission in 2016, the contingent in Wau has been short staffed. The UN’s response to the deteriorating situation in Wau will be an important test of the mission’s ability to improve protection of civilians in hostile environments, especially following attacks on bases in Malakal and Juba last year, Human Rights Watch said.

In Wau, the abuses have followed a familiar pattern in recent years, with hostilities between government soldiers and opposition forces followed by retaliatory attacks by mostly Dinka government forces and militias against ethnic Fertit and Luo civilians.

In May 2016, Human Rights Watch documented a surge in government abuses against civilians in Wau and surrounding villages beginning in late December 2015, after the government deployed a large numbers of new soldiers, mostly Dinka from the former states of Northern Bahr el-Ghazal and Warrap, to the area. Government soldiers were responsible for a spate of targeted killings and arbitrary detentions and abuse of ethnic Fertit and Luo civilians in February and again in June. The violence and abuses in June forced more than 70,000 to flee.

South Sudan’s government has taken little action to stop these attacks on civilians. Following each round of violence in 2016, president Salva Kiir appointed investigation committees. The first one visited Wau in March and the second in in early July. A report submitted to president Kiir on August 1 found that at least 50 civilians had been killed on June 24 and 25, more than 100 shops were looted, and tens of thousands of civilians were displaced; but no further criminal investigations or prosecutions were carried out. While the media reported that the army executed two soldiers on July 22 who had been convicted by a military court for the murder of two civilians in a residential area of Wau, no other steps were taken.

On April 12, President Kiir announced an investigation of the most recent killings. But the government’s track record of investigating these kinds of incidents in Wau and its weak judicial system raise questions about its credibility. Credible criminal investigations and transparent judicial procedures against those responsible are urgently needed, Human Rights Watch said.

The government forces’ continuing crimes against civilians in Wau and the lack of accountability underscore the urgent need for the hybrid court envisioned in the 2015 peace agreement. Despite the agreement, government soldiers have committed widespread violence against civilians, not just in Wau, but also in Juba, Malakal and the Equatorias, Human Rights Watch researchers found.

Human Rights Watch has also repeatedly called on the United Nations Security Council to impose a comprehensive arms embargo on South Sudan to reduce harm to civilians by increasing the cost of weapons used to attack them. In December 2016, an attempt to pass an arms embargo at the Security Council failed when eights members abstained. They included Egypt and Japan, which still sit on the Security Council.

“South Sudan’s military commanders have once again shown they won’t stop the abuse or hold anyone to account, and instead they obstruct peacekeepers from doing their jobs to protect civilians,” Bekele said. “The UN Security Council should make it clear that there will be a price to pay for this kind of obstruction.”

April 13, 2017

Mr. Ange Rodrigue DADJE
Ms. Habiba TOURE

Dear Mr. Dadje and Ms. Touré,

We write in response to your press release, issued on April 4, 2017, regarding the March 28 acquittal of Simone Gbagbo in Côte d’Ivoire’s Cour d’Assises.

Human Rights Watch documented the terrible crimes committed by both pro-Gbagbo and pro-Ouattara forces during the 2010-11 post-election crisis, and we have consistently advocated for investigations and prosecutions for those most responsible from both sides.

The trial of Simone Gbagbo for war crimes and crimes against humanity did little to advance the cause of justice. The inadequacy of the investigation and the prosecution’s decision to try her in isolation from other leaders from the Gbagbo camp denied the court the opportunity to fully explore her role in the post-election crisis. At the same time, fundamental due process concerns, such as the failure to disclose prosecution evidence in a timely manner, denied Simone Gbagbo a fair trial. While the International Criminal Court’s (ICC) outstanding case against her may offer another avenue for victims, there has so far been insufficient progress—at the ICC and in Côte d’Ivoire —to deliver justice to victims of grave abuses committed by pro-Ouattara forces.

In the months leading up to Simone Gbagbo’s trial for crimes against humanity and war crimes, human rights groups, including Human Rights Watch, warned the Ivorian government about the risk of an unfair and incomplete hearing into her role in the crimes alleged. We expressed concern that the trial risked replicating Simone Gbagbo’s prior March 2015 conviction and 20-year sentence for crimes against the state. The International Federation for Human Rights (FIDH) stated in March 2015 that that conviction was obtained “on the basis of little credible evidence,” while Human Rights Watch said that the 2015 trial was “not conducted in accordance with international fair trial standards.”

In May 2016, on the eve of her trial for crimes against humanity and war crimes, the Ivorian government’s failure to address concerns regarding the completeness of the investigation into Simone Gbagbo, as well as the decision to try Gbagbo in isolation from other officials, led FIDH and its Ivorian partner organizations, MIDH and LIDHO, to withdraw their participation as civil parties in the trial. In explaining the decision to withdraw, FIDH expressed its belief that the trial “will not satisfy fair trial standards and will not do justice to victims.” The ultimate conduct of the trial demonstrates that these concerns were well-founded.

Simone Gbagbo’s acquittal is not necessarily a bar to prosecution at the ICC. As you know, in 2012 the ICC issued an arrest warrant for Simone Gbagbo for four counts of crimes against humanity committed during the 2010-2011 post-election crisis. The Ivorian government in 2013 challenged the admissibility of the case against her, arguing that she was being investigated domestically for similar crimes. ICC judges, however, rejected the request, stating that the investigative steps in Côte d’Ivoire into Simone Gbagbo’s responsibility were “scarce in quantity and lacking in progression.” The Ivorian government, and Simone Gbagbo herself, may now wish to again challenge her case before the ICC, arguing that she has now been tried for the same charges in Côte d’Ivoire.

However, under article 20(3) of the Rome Statute, the ICC may try an individual for the same conduct if the prior proceedings were for the purpose of “shielding the person concerned from criminal responsibility” or were “not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.” It is now for ICC judges to determine if Simone Gbagbo’s case remains admissible before the court. The incompleteness of the investigation undertaken in Côte d’Ivoire, and the resulting quality of her trial, may be relevant factors that they consider in making their decision.       

Finally, we share your concern that the proceedings against Simone Gbagbo, as well as the ongoing ICC trial of her husband, underscore the Ivorian government’s failure to hold pro-Ouattara commanders accountable for their role in human rights abuses during the post-election crisis.

At the time of the post-election crisis, Human Rights Watch documented hundreds of extrajudicial killings by pro-Ouattara forces, both in the west of Côte d’Ivoire during the Republican Forces’ offensive and during the battle for Abidjan. Human Rights Watch’s October 2011 report on abuses committed by both sides listed the names of the pro-Ouattara commanders, who, based on our research, merited further criminal investigation as key players in the abuses we had documented. Since the post-election crisis, Human Rights Watch has regularly denounced the Ivorian justice system’s failure, and that of the ICC, to hold pro-Ouattara commanders accountable in court, including in major reports published in 2013 and 2016. 

We understand that, as lawyers for Simone Gbagbo, your role is to advance your clients’ best interests where possible. As a human rights organization committed to the independence and impartiality of the justice process, we will continue to work with victims of Côte d’Ivoire’s devastating post-election crisis to ensure that those responsible for human rights violations from all sides are held accountable.

Yours sincerely,

Corinne Dufka
Director, West Africa
Human Rights Watch

Param-Preet Singh
Associate Director
International Justice Program
Human Rights Watch

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