By Stephen Par Kuol
January 1, 2013 - Any body with keen interest in South Sudanese current affairs could not have missed the recent shuttle diplomacy waged by the regional leaders and diplomats to end the ongoing crisis in the country. That is very encouraging and should be supported by all people of good will. Unfortunately, what is now diminishing through the thin air of that diplomacy is the ugly fact that weltered with decomposing corpses and their fetid smell in the air, Juba, the capital of South Sudan is a crime scene against humanity and should be treated as such at the time of this writing. Worth noting also is the chilling truth that among those cheeky personalities roughing shoulders with regional leaders and diplomats to bring peace to South Sudan are red-handed suspects in the ongoing genocide. Meanwhile preventive diplomacy can surely minimize the magnitude of the crisis and save more lives; one delicate affair in the process is avoiding diplomatic niceties to overshadow the criminal responsibility of those whose finger prints are notoriously evident on those crimes against humanity. Thus, on behalf of the murdered victims, traumatized survivors and their families, I write to recommend that the peace process goes hand in hand with a multi-national investigation of these premeditated heinous crimes against humanity. .Any thing short of that is another betrayal to humanity and South Sudanese citizens of Nuer ethnic origin who have perished in the ongoing genocide.
Experiences elsewhere have taught that war fatigue and desperate yearning for peace can easily give way to impunity that would haunt the nation in question for an unforeseeable future. Speaking as a practiced diplomat, I mean the diplomatic tendency to avoid antagonizing the genocidists, who might walk out of “the peace process.” This often frightens diplomats who fear “upsetting the peace process”. For example, in Naivasha for South Sudan, or in Abuja for Darfur in 2005, the argument became: “don’t upset the fragile new order in Khartoum since signature on the agreements settling the civil war in the South serves the greater good. Let’s now concentrate on getting the Darfur ‘rebels’ to reach a similar agreement with Khartoum in Abuja, under the African Union.” Meanwhile the ethnic cleansing of Darfur and genocidal massacres and rapes continued daily. This argument, which diplomats often and naively espouse, ignores the fact that genocidists are serial killers whose blood thirst can never be quenched by a peace meal. Hence, policies toward them based on fear lead only to appeasement and further genocide. In the case of the ongoing genocide in South Sudan, the prime suspect, General Salva Kiir Mayardit has already offered unconditional cease fire and peace talk but the genocide continues. Like any genocidist, Kiir is a serial killer, a master of genocide and ethnic cleansing. As a career military intelligence officer, he is well trained in cold blood killing and he practiced that well during the liberation struggle where he executed murder of the bulk of our liberation politicians. He is doing that now with efficiency on our unarmed civilians in Juba. Presently, the only safe heaven for South Sudanese of Nuer ethnic origin without guns is the UNINISS concentration camp near Juba International Airport where his Propaganda Chief, Justice Michael Lueth have been calling them out to finish what they have started. Nobody talks about that now where as Kiir is preparing for more genocide. That is why I write to strongly recommend that both the international criminal investigation and the peace talk go on simultaneously.
Criminal Investigation as an inquisitive process starts with WH questions: What, Where, How and Who .Legally speaking, the process proceeds with one fundamental question: has a crime been committed in violation of an existing law? If yes, then what is the name or definition of the crime committed? In this case, a crime has been committed in violation of the Transitional Constitution of South Sudan, Rome Statue and the Geneva Convention. Genocide in this case is defined as “the intentional destruction, in whole or in part, of a national, ethnical, racial, or religious group, as such. Was it systematically organized by General Kiir’s regime using his privately armed Dootku -Beny militia, tanks and other lethal weapons? Were the victims chosen because of their ethnic identity? If yes again, then only South Sudanese of Nuer ethnic origin in 107, Guddella, Gurei , Eden, Manga, Jabel villages were targeted and are now the dominant IDPS in UNIMISS compound and the Dinka homes nearby were left untouched?” Is this an intentional destruction, in part, of ethnic and racial group? If yes, then, this, in short, is genocide. As for who did what, the finger prints of the following top seven names have surfaced with probable cause beyond a reasonable doubt:
1. General Salva Kiir Mayardit, the President of the Republic of South Sudan who declared the state of emergency leading to the mass killing.
2. General Malong Awan, the current Governor of Northern Bar-Elghazal State who personally recruited Dootku-Beny Malitia from NBGS and Warap and commanded Dootku-Beny during the genocidal operation.
3. General Marial Chinoum, the field General who executed General Salva Kiir’ orders to disarm Nuer soldiers within Tiger Batelion and ordered the use of tank to kill 22 unarmed bodyguards of Dr. Riek Machar and seven bodyguards of Hon. Gier Chuang Aluong.
4. General Salva Mathuok Gengdit, the former Deputy Minister of Interior and Salva’s father in law who was seen in Dootku-beny uniforms commanding part of the genocidal force during the operation in Juba.
5. General Garang Mabil, a notorious general on reserve from Warap State who was rein stated to active duty during the genocidal operation to execute the genocide.
6. General Bol Akot,a general in reserved reinstated after the clashes to execute the genocide in Thuk sita and Gudella.
7. General Alew Ayieny, the Current Minister of interior who was seen in military uniform commanding a police force in collaboration with Dootku-Beny
In conventional practice, those primitive tribal generals should be charged with the following crimes:
1. Genocide and crime against humanity
2. War crimes in violation of Geneva Convention
3. Vandalism and formation of a private tribal army for the sole purpose of committing genocide in violation of South Sudan Transitional Constitution
Those of us who speak the language of criminal law know damn well that genocide as an act of mass killing is a join enterprise with many accomplices including the demagogues and propaganda pundits. As for proving the Mense Reus, Kiir is physically in records graduating his Dootku- Beny brigade alone without involving the SPLA Chief of General Staff and the Ministry of Defense, declaring state of emergency and quoting 1991 Bor massacres proving both motive and the criminal mind behind the act of genocide. With this, I rest my case.
Honorable Stephen Par Kuol is a former Deputy Ambassador of the Sudan to the United Republic of Tanzania and the State Minister of Education in the recently overthrown Government of Jonglei State by Dr. Riek Machar’s forces. He is also a researcher and freelance writer on academic topics pertinent to Human Right and Post-conflict Criminal Justice Administration. He can be reached via firstname.lastname@example.org /email@example.com