Andrew Clapham, Member of the Commission on Human Rights in South Sudan present his report at a 40th Session of the Human Rights Council. 12 March 2019. (Photo:Jean Marc Ferré/UN).

The UN Human Rights Commission in South Sudan is calling on the government to establish high courts in Unity State and Upper Nile State to try officials accused of grave atrocities against civilians.

Andrew Clapham, a member of the Commission said there is enough evidence of rights violations in Leer of Unity State and parts of Upper Nile State.

Clapham noted that the root causes of the inter-communal violence were political, in which armed groups competed for territorial and political supremacy.

He said, in Leer County of Unity State, government officials led successive waves of attacks against civilians, overseeing killings and forced displacement.

Clapham stated that some militias and armed groups acting under government orders rounded up women and girls to carry their stolen food to Koch County before raping them for days.

The UN official also said he has received witness accounts in Malakal POC of how thousands of civilians fled several villages in Upper Nile State as armed men committed rapes and murders, last year.

He further said despite the reports and government investigations; no official has been held accountable or removed from office.

Speaking at a press conference on Friday, Clapham commended the military court-martials that have been set up to try officers across the country.

“We are still learning about the use of military courts to prosecute soldiers for crimes against civilians. Among the many issues, we know that no senior military officer has yet been prosecuted and that military courts cannot host trials for state officials,” he said.

“Mobile courts are an important initiative of the government and we commend the government for this. We also believe that where there are government institutions, there must also be justice institutions.”

According to him, there has been selective justice that only holds to account low-ranking soldiers for serious crimes and violence against civilians.

“Justice cannot be authored only to hold accountable low-ranking soldiers. Those in a position of superior responsibility should also be held accountable when they are responsible.”

“So, we feel the government should prioritize establishing high courts in these areas; Unity States and Upper Nile State with the capacity to prosecute the range of crimes involved.”

Clapham further said the high courts should be established in secured and safe spaces in line with human rights standards.

The government has not responded to the UN Human Rights Commission report.

In April 2022, armed militia groups launched vicious attacks on several villages in Leer County south of Unity State, leaving dozens dead and thousands of civilians displaced.

The commissioner said at least 35 civilians were killed during the four days of the violence.

Survivors of the violence who spoke to Eye Radio also narrated disturbing atrocities including killing, raping, burning villages, looting, and destruction of livelihoods.

Also in Upper Nile State, ethnic violence, blamed on armed youth from Jonglei State, has killed hundreds and displaced tens of thousands of people since August 2022.