Atrocity Alert #394: Israel and the Occupied Palestinian Territories, South Sudan and the Central African Republic

Countless UN officials are sounding the alarm about Israel’s impending major incursion into Rafah

On May 7, Israeli forces entered the southern governorate of Rafah, seizing control of the key border crossing there and blocking the passage of people and life-saving humanitarian aid into Gaza. The UN Office for the Coordination of Humanitarian Affairs (OCHA) said Gaza has been in “stallion” since Israel closed the two main aid crossings into the southern Gaza Strip – Rafah and Kerem Shalom – on May 5 as part of its military operations. Israel’s obstruction of entry and provision of life-saving assistance likely amounts to the war crime of intentionally starving civilians as a weapon of war.

Numerous UN agencies and government officials around the world have been warning for weeks that large-scale operations in Rafah would have catastrophic consequences for the population, beyond the already unbearable level of suffering. Nevertheless, Israel began intensive bombing of several areas in Rafah on Monday evening, including civilian infrastructure and areas designated as safe. A day before these operations, the Israeli military ordered more than 100,000 Palestinians who had sought refuge in eastern Rafah to evacuate to Al-Mawasi – a so-called “humanitarian area” where 400,000 displaced people have already found refuge. OCHA spokesman Jens Laerke said the evacuation route to Al-Mawasi was “littered with unexploded ordnance and huge bombs lying on the road.” Under international law, people must have sufficient time to prepare for an evacuation and a safe route to a safe area with access to assistance.

The UN High Commissioner for Human Rights, Volker Türk, emphasized: “Forcibly relocating hundreds of thousands of people from Rafah to areas that have already been razed to the ground and where there is little protection and virtually no access to the humanitarian assistance necessary for their survival is unimaginable “It will only expose them to more danger and misery.” An estimated 1.4 million people live in Rafah. Many of them were displaced several times after the Israeli military issued several evacuation orders for other areas of the Gaza Strip. Air strikes and rockets regularly hit so-called security zones where displaced Palestinians are supposed to seek protection. The mass displacement of Palestinians in Gaza likely amounts to a war crime and a crime against humanity of forced displacement.

Seven months since Israel began its relentless bombardment and siege in response to Hamas’ horrific October 7 attacks, at least 34,735 Palestinians have been killed and 78,108 injured in Gaza, according to the Gaza Health Ministry. UN Secretary-General António Guterres called on Israel to stop further escalation in Rafah and emphasized: “Countless more civilian casualties.” Countless more families had to flee again – without a safe place. Because there is no safe place in Gaza.”

Israel should immediately lift the siege of the Gaza Strip and ensure safe and unhindered access for the delivery of humanitarian assistance. A permanent ceasefire must urgently be achieved and monitored by an independent international body. All member states must refrain from supporting the commission of atrocities and suspend the supply of any weapons to Israel, while the United States and other influential allies of Israel should also take immediate action to stop any further offensive against Rafah. States parties to the Genocide Convention should ensure that Israel complies with the legally binding interim measures of the International Court of Justice.

Intercommunal violence poses a threat to possible elections in South Sudan

On April 26, armed youths – reportedly from the Murle community in South Sudan’s Greater Pibor Administrative Area (GPAA) – attacked pastoralists across the border in Kapoeta East County, Eastern Equatoria. According to local news sources, at least 32 people were killed, 22 injured and 90 women and children kidnapped. The armed youths also attacked and stole approximately 22,000 head of livestock, which had a significant impact on local communities as they depended on livestock for their livelihoods and survival. The GPAA authorities acknowledged that armed youths from their jurisdiction were involved in the attack and claimed they were working for the return of the kidnapped people and stolen livestock.

To defuse the situation, the UN Mission in South Sudan (UNMISS) has deployed additional peacekeepers and is conducting urgent patrols in the affected areas. UNMISS also deployed an additional 76 peacekeepers to reinforce the temporary Tambura base in western Equatoria as tensions between different ethnic communities remain high following a series of previous incidents, including killings of civilians.

Intensified fights over resources and increasing intercommunal clashes are likely to impact South Sudan’s first national elections, scheduled to take place in December 2024, according to Jean-Pierre Lacroix, under-secretary-general for UN peacekeeping operations. Significant concerns remain regarding the country’s election preparation as the necessary standards for genuine and peaceful elections have not yet been met. In March, Under-Secretary-General Lacroix told the UN Security Council (UNSC) that if elections were not conducted carefully, there was “the potential for violence with catastrophic consequences for an already fragile country and the entire region.” Based on the UN assessment of election preparation, the UN Security Council mandated UNMISS on April 29 to provide electoral support, including support for voter education programs to prevent and respond to electoral violence.

Political instability and armed conflict were widespread in South Sudan during its nearly 13 years of independence. Delays in implementing the 2018 peace deal and ongoing political rivalries have heightened tensions within South Sudan’s ethnically diverse population.

The Transitional Government of National Unity (TGoNU) in South Sudan must make every effort to end the fighting, address the causes of inter-communal violence and ensure the security of all sections of the population. To enable free, fair and credible elections by December, TGoNU must urgently establish an inclusive electoral system, advance the permanent constitutional process and provide the necessary resources to operationalize the various institutions for a democratic transition.

Arrest warrant issued against the former president of the Central African Republic

On April 30, the Special Criminal Court (SCC) of the Central African Republic (CAR) publicly issued an arrest warrant against former President François Bozizé. The SCC accused Bozizé of multiple crimes against humanity, including murder, torture, rape, sexual violence and enforced disappearance. The crimes were allegedly committed between February 2009 and March 2013 by his presidential guard and other security forces in a civilian prison and the notorious Bossembelé military training center. The judges concluded that “there is serious and consistent evidence against (Bozizé) that could hold him criminally responsible in his capacity as a hierarchical superior and military leader.”

Decades of political instability and widespread impunity have led to cycles of armed conflict and atrocities in the Central African Republic. Bozizé seized power in a coup in 2003 and was overthrown a decade later by the predominantly Muslim Séléka rebel alliance. Séléka abuses led to the formation of predominantly Christian anti-Balaka militias and the collapse of state institutions. Anti-Balaka and former Séléka forces may have committed war crimes and crimes against humanity between 2013 and 2015. In 2019, Bozizé returned to the Central African Republic and became the leader of a loose alliance of armed groups called the Coalition of Patriots for Change, which launched an offensive against the capital in December 2020 before going into hiding again. The SCC press release confirms that Bozizé is currently living in Guinea-Bissau.

Despite several mechanisms to combat international crimes in the Central African Republic, accountability remains limited, with few suspected perpetrators arrested, prosecuted or charged with war crimes and crimes against humanity. The SCC was established in 2015 as a hybrid justice mechanism to prosecute international crimes committed during conflicts in the country since 2003. The SCC opened its first session in October 2018, but faced operational difficulties and legal hurdles, including arresting and detaining suspects. According to Amnesty International’s regional director for West and Central Africa, Samira Daoud, the SCC has issued at least 25 arrest warrants and the suspects remain at large.

Christine Caldera, CAR expert at the Global Center for the Responsibility to Protect, said: “The issuance of an arrest warrant against François Bozizé – such a high-profile suspect – is a significant step in combating impunity and sends a strong signal to perpetrators.” The Justice will eventually catch up, regardless of the individual’s political or military status.” All suspects against whom there are arrest warrants from the SCC should be immediately arrested and brought before the court, including Bozizé. States must comply with their international obligations and ensure that the most serious crimes do not go unpunished. The international community should provide increased support to ensure that the SCC has sufficient resources to carry out its mandate effectively.