The recent allegations from the United Nations Commission regarding the bombing of a Doctors Without Borders (MSF) hospital in South Sudan highlight a potential serious violation of international humanitarian law, which could be classified as a war crime. Following an attack by helicopter gunships attributed to the South Sudan People’s Defense Forces (SSPDF), the hospital in Fangak County was completely destroyed. This incident left at least seven dead and 20 others injured, impacting both patients and MSF staff. The UN Commission has condemned this attack, underscoring its potential classification as an atrocity crime due to its deliberate nature.
UN Commissioner Barney Afako emphasized the non-isolated nature of these events, drawing attention to a backdrop of ethnic profiling and escalating tensions within South Sudan’s political landscape. The county where the attack occurred had been labeled as “hostile” due to its primarily Nuer ethnic population. The deteriorating situation hints at a deeper fracture within the nation, suggesting a possible return to widespread conflict in South Sudan. Only days before the attack, the head of the army had threatened air strikes over unrelated regional tensions, marking a further escalation against a fragile peace.
The International Humanitarian Law firmly prohibits attacks on medical facilities, which are afforded special protections under the First Geneva Convention, unless they are proven to be military objectives. Any deliberate targeting of civilians, including medical personnel, constitutes a grave breach of law as outlined in the Rome Statute, and could be prosecuted by the International Criminal Court.
The UN Commission warns that incidents like the bombing bring the nation closer to a rekindling of the civil war, undermining the Revitalized Peace Agreement of 2018. This agreement was intended to unify armed factions and mitigate conflicts between differing political and ethnic groups, primarily the Dinka and Nuer.
South Sudan’s path since its independence in 2011 has been fraught with strife, notably since it plunged into civil war following political disputes in 2013. The historical distrust and divisions between supporters of President Kiir and Vice-President Machar have not only devastated the region but also led to significant humanitarian crises, including appalling numbers of casualties and displacements. Amidst ongoing conflicts, the region is further stressed by an influx of refugees due to the Sudan conflict, exacerbating the already dire situations faced by many South Sudanese.
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