MSF's hospital in Old Fangak engulfed in flames following a reported airstrike, with staff seen working to extinguish the fire on Saturday, May 3, 2025. Photo Courtesy ~ edited and moderated by Eye Radio

JUBA/GENEVA (Eye Radio) –The United Nations Commission on Human Rights in South Sudan has condemned the aerial bombing of a Médecins Sans Frontières (MSF) hospital in Old Fangak, Jonglei State, warning that the attack may constitute a war crime under international law.

The early morning airstrike, which took place on Saturday, 3 May, killed at least seven civilians and wounded more than 20 others, including patients, caregivers, and medical personnel.

On Wednesday, May 7, the army spokesperson Major General Lul Ruai Koang released a statement stating that the SSPDF commands have no comment on what it described as “strategic bombing raids” in Fangak County.

Doctors Without Borders reported early that the bombing obliterated the hospital’s infrastructure, including its pharmacy, cutting off more than 40,000 people from access to essential and lifesaving medical care.

“This was not a tragic accident. It was a calculated, unlawful attack on a protected medical facility,” said Yasmin Sooka, Chair of the UN Commission. “The aerial bombing of the MSF hospital in Old Fangak is a flagrant violation of international humanitarian law and could amount to a war crime. Those responsible must be identified, investigated, and held accountable without delay.”

The hospital, MSF confirmed, was the only major healthcare facility serving the population of Old Fangak, many of whom are displaced and in urgent need of medical support.

The destruction of the site has halted emergency services, maternal healthcare, and trauma response in a region already devastated by years of conflict.

The strike was followed by further aerial bombardments in the Phom area of New Fangak on 5 May, with reports indicating bombs fell between a compound housing an international NGO and the County Commissioner’s office. No casualties have been confirmed from the second attack.

The Commission linked the hospital bombing to heightened political tensions in the country. Just one day before the strike, the spokesperson for the South Sudan People’s Defence Forces (SSPDF) had threatened military retaliation if armed elements did not release vessels hijacked at Adok Port in Leer County. The SSPDF also issued a document categorizing counties along ethnic lines, labeling Fangak—home to a predominantly Nuer population—as one of nine “hostile” counties.

“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. “Designating the entire community of Fangak as hostile is deeply irresponsible and may amount to incitement of reprisals and collective punishment. This practice must end.”

Commissioner Carlos Castresana Fernández also condemned the attack, calling it “inhumane” and a symptom of a broader culture of impunity in South Sudan. “Hospitals must be protected spaces, not battlegrounds,” he said.

The Commission warned that continued violations of the ceasefire agreement and rising intercommunal tensions could push the country toward renewed large-scale conflict, undermining the Revitalized Peace Agreement signed in 2018.

The UN body urged visiting delegations from the African Union Commission (AUC) and the Intergovernmental Authority on Development (IGAD) to use their presence in Juba to press for accountability, civilian protection, and a return to political dialogue.

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