PETITION FOR THE INDICTMENT OF PRESIDENT SALVA KIIR MAYARDIT AND DR. RIEK MACHAR TENY

 

To:

The Office of the Prosecutor,

International Criminal Court (ICC), The Hague, Netherlands.

Submitted by:

1. Gatluk Banhoth James

2. Dr. Chuol Mayang Tut

3. Peter Garang Arudi

4. Ajak Deng Majok

5. James Wiyual Biel

6. Paul Nhial Nyadeng

7. Malong Malong Ajok

I. INTRODUCTION

 

1. This Petition respectfully requests the Office of the Prosecutor of the International Criminal Court (“ICC”) to initiate investigations and subsequent prosecutions against President Salva Kiir Mayardit and Dr. Riek Machar Teny for their roles in the commission of war crimes, crimes against humanity, and acts amounting to genocide in the Republic of South Sudan, commencing from December 2013 during the outbreak of civil war.

2. The conflict was precipitated by a political dispute within the ruling Sudan People’s Liberation Movement (SPLM), which escalated into ethnically targeted violence. As the highest political and military leaders of the warring factions, both Respondents exercised effective command and control over forces under their authority and bear individual criminal responsibility under the Rome Statute.

II. FACTUAL BACKGROUND

3. On or about 15 December 2013, clashes erupted in Juba between forces loyal to President Kiir (predominantly Dinka) and those loyal to then-Vice President Dr. Machar (predominantly Nuer). The violence rapidly escalated into widespread and systematic attacks on civilians.

4. Reports from the United Nations Mission in South Sudan (UNMISS), the African Union Commission of Inquiry, and numerous humanitarian agencies confirm that civilians were deliberately targeted based on their ethnic identity, particularly Nuer populations in Juba and elsewhere.

5. The war resulted in grave humanitarian consequences

Loss of Life: Tens of thousands of civilians were killed, many in mass executions and targeted massacres

Displacement: Over 4 million South Sudanese were displaced internally or forced into exile, creating one of the largest refugee crises in Africa.

Sexual Violence: Rape and sexual slavery were systematically employed as tools of war.

Recruitment of Child Soldiers: Thousands of children were conscripted and used in active hostilities

Destruction of Civilian Infrastructure: Homes, schools, hospitals, and food supplies were intentionally destroyed

Starvation as a Weapon: Civilians were deliberately deprived of food through scorched-earth tactics, leading to famine conditions.

Ethnic Persecution: Attacks were directed against civilian populations on the basis of ethnicity, amounting to persecution.

III. LEGAL BASIS FOR INDICTMENT

 

6. Pursuant to Article 5 of the Rome Statute, the ICC has jurisdiction over the following crimes relevant to this Petition: war crimes, crimes against humanity, and genocide.

 

(A) Crimes Against Humanity – Article 7, Rome Statute

7. The attacks committed during and after December 2013 were widespread and systematic, targeting civilian populations on political and ethnic grounds. They included:

Murder and extermination (Art. 7(1)(a), (b));

 

Deportation and forcible transfer of population (Art. 7(1)(d));

 

Imprisonment and torture (Art. 7(1)(e), (f));

 

Rape and other forms of sexual violence (Art. 7(1)(g));

 

Persecution on ethnic and political grounds (Art. 7(1)(h)).

 

 

 

 

(B) War Crimes – Article 8, Rome Statute

 

8. The conduct of both parties during the conflict involved grave breaches of the Geneva Conventions and violations of the laws and customs of war, including:

 

Intentionally directing attacks against civilians (Art. 8(2)(b)(i));

 

Intentionally attacking civilian objects (Art. 8(2)(b)(ii));

 

Conscripting and using child soldiers (Art. 8(2)(b)(xxvi));

 

Employing starvation as a method of warfare (Art. 8(2)(b)(xxv));

 

Rape, sexual slavery, and forced pregnancy (Art. 8(2)(b)(xxii)).

 

(C) Genocide – Article 6, Rome Statute

 

9. The organized targeting of Nuer civilians in Juba in December 2013, characterized by mass executions, house-to-house searches, and hate speech, indicates the intent to destroy, in whole or in part, a particular ethnic group, thereby satisfying the elements of genocide under Article 6(a) and (b).

 

IV. MODES OF LIABILITY

 

10. President Salva Kiir Mayardit and Dr. Riek Machar Teny bear responsibility under:

 

Article 25(3)(a): Direct and indirect perpetration.

 

Article 25(3)(b): Ordering, soliciting, or inducing the commission of crimes.

 

Article 25(3)(c): Aiding, abetting, or otherwise assisting in the commission of crimes.

 

Article 28(a)-(b): Command responsibility, as both exercised effective authority over forces committing atrocities, failed to prevent them, and did not punish perpetrators.

 

Customary International Law: Liability for joint criminal enterprise and common purpose.

 

V. PRAYER FOR RELIEF

 

In light of the foregoing, the Petitioners respectfully request that the Office of the Prosecutor:

1. Open a formal investigation into the acts and omissions of President Salva Kiir Mayardit and Dr. Riek Machar Teny during and after the outbreak of the South Sudan civil war in December 2013.

 

 

2. Issue indictments and arrest warrants against the Respondents for crimes under Articles 6, 7, and 8 of the Rome Statute.

 

 

3. Ensure prosecution before the ICC, or, alternatively, recommend the establishment of a hybrid tribunal for South Sudan with ICC support.

 

 

4. Guarantee reparations for victims, including survivors of sexual violence, displaced persons, and affected communities.

 

Respectfully submitted,

1. Gatluk Banhoth James

2. Dr. Chuol Mayang Tut

3. Peter Garang Arudi

4. Ajak Deng Majok

5. James Wiyual Biel

6. Paul Nhial Nyadeng

7. Malong Malong Ajok

 

On this 4th day of September, 2025.