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Potential War crime

By Philip Buda Ladu

 

The United Nations Commission on Human Rights in South Sudan has strongly condemned the aerial bombing of a Médecins Sans Frontières (MSF) hospital in Old Fangak, Jonglei State, labeling it a potential war crime and a grave breach of international humanitarian law.

The airstrike, which occurred in the early hours of Saturday, May 3, 2025, completely destroyed the medical facility.

At least seven civilians were killed, and numerous others, including patients, caregivers, and medical staff, sustained injuries according to local authorities and the medical charity organization.

In a statement extended to No.1 Citizen Daily Newspaper on Tuesday the UN Commission noted that the destruction of the hospital and its pharmacy has cut off tens of thousands of people from essential, life-saving medical care.

Credible reports also indicate further aerial bombardments in the Phom area of New Fangak in the early hours of Monday, May 5, 2025, with bombs reportedly landing near an international non-governmental organization (INGO) compound and the County Commissioner’s office.

“This was not a tragic accident. It was a calculated, unlawful attack on a protected medical facility. The aerial bombing of the MSF hospital in Old Fangak is a flagrant war crime, under international law,” stated Yasmin Sooka, Chair of the Commission.

“Targeting medical facilities and services violates the Geneva Conventions and represents a direct assault on foundations of humanitarian action that are intended to protect civilians in conflict zones. Those responsible must be identified, investigated and held accountable without delay.” She continued.

The UN Commission highlighted that the attack followed a public threat issued on Friday, May 2, 2025, by the spokesperson of the South Sudan People’s Defense Forces (SSPDF).

The SSPDF warned of retaliatory military action, including aerial and riverine operations, if hijacked vessels at Adok Port in Leer County were not immediately released by armed elements.

Furthermore, the Commission expressed deep concern over a recent public announcement by the South Sudan government that categorized Nuer-majority counties, including Fangak, as ‘hostile’ based on ethnicity in a document titled The Strategic Response of the Revitalized Transitional Government of National Unity (R-TGoNU) to the Nasir Incident.

“This strike does not seem to be an isolated incident—it occurred in the context of escalating ethnic profiling, unlawful detentions, and a hardening of positions within the political and military elite,” said Commissioner Barney Afako.

He added that designating the entire community of Fangak as hostile is deeply irresponsible and may amount to incitement of reprisals and collective punishment, stating “This practice must end, and such designations must be rescinded immediately.”

The MSF hospital was the primary healthcare provider for over 40,000 people in the Old Fangak area.

MSF or doctors without borders has confirmed the complete destruction of the facility and its medical supplies, leaving a vulnerable population already displaced and traumatized by conflict without emergency care and maternal health services.

“The targeting of medical facilities is not only unlawful – it is inhumane,” emphasized Commissioner Carlos Castresana Fernández.

He emphasized that hospitals must be protected spaces, not battlegrounds saying “What happened in Old Fangak is symptomatic of a growing impunity and disregard for human life that must be urgently addressed.”

The UN Commission warned that the increasing political tensions and violence in South Sudan pose a significant threat to the country’s transition and the implementation of the Revitalized Peace Agreement.

It urged a visiting delegations from the African Union Commission (AUC) and the Intergovernmental Authority on Development (IGAD) to prioritize the protection of civilians and accountability, and to press signatories of the Peace Agreement to return to political dialogue as the only viable path to resolving their differences.

“The path South Sudan is currently on is perilous,” Sooka cautioned. “If attacks like these continue with impunity, the Peace Agreement risks becoming meaningless. The AU, IGAD and the international community must respond decisively.”

The Commission reiterated its warning that repeated violations of the cessation of hostilities are pushing South Sudan dangerously close to another nationwide conflict.

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