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South Sudan: Suffocation of 60 men and boys in shipping container is a 'war crime' - new Amnesty briefing

‘We could see the people inside and they were not alive… what we saw was tragic…the container was full of people. They had fallen over one another and on to the floor. There were so many people.’ – eyewitness speaking to Amnesty researchers 

Amnesty urges African Union to set up Hybrid Court to investigate crimes

The deliberate suffocation of more than 60 men and boys who were detained in a shipping container in South Sudan before being dumped into an open field constitutes clear war crimes, said Amnesty International as it published findings from its own investigation today. 
Amnesty’s researchers recently visited the grounds of the Comboni Catholic Church where the killings took place last October. They also visited the site, about one kilometre from Leer town, Unity State where the bodies were dumped. They found the remains of many broken skeletons still strewn across the ground.
The team interviewed more than 42 witnesses, including 23 people who said they saw the men and boys being forced into a shipping container and later saw their dead bodies either being removed or dumped at a mass burial site.
According to witnesses, between 20 and 23 October 2015, government soldiers arbitrarily arrested dozens of men and boys in Luale village and Leer town. They then forced them, with their hands tied behind their backs, into one or more shipping containers located at the Comboni Catholic Church. 
Witnesses described hearing the detainees crying and screaming in distress and banging on the walls of the shipping container, which they said had no windows or other form of ventilation. They said that civilian and military officials had direct knowledge that the detainees were in distress and dying but did nothing to help them. For example, one witness said that she saw the then area commander order soldiers to open the container and remove the bodies of four dead men and then close the container again on the remaining detainees who were still alive inside.    
By the following morning, all but one of the remaining detainees had died. One witness told Amnesty:
“We could see the people inside and they were not alive… what we saw was tragic…the container was full of people. They had fallen over one another and on to the floor. There were so many people.” 
Following their death, government soldiers loaded dozens of bodies into a truck and dumped them in two open pits in Kulier, Juong payam, approximately 1km northeast of Leer town. Family members who visited the area in the following days said the bodies, left in the open, had been eaten by animals and had started to decompose. 
Despite evidence of war crimes, no steps have been taken to hold the perpetrators to account or to provide reparations, including compensation to relatives of the deceased for the loss of their loved ones.
Amnesty International’s Senior Crisis Advisor Lama Fakih said: 
“The arbitrary arrest, torture, and mass killing of these detainees is just one illustration of the South Sudanese government’s absolute disregard for the laws of war. Unlawful confinement, torture, willfully causing great suffering, and willfully killing are all war crimes.  
“Dozens of people suffered a slow and agonising death at the hands of government forces that should have been protecting them. These unlawful killings must be investigated and all those responsible brought to justice in fair trials without recourse to the death penalty.
“In order for effective prosecutions to take place, the African Union Commission should immediately take steps to set up the hybrid criminal court provided for in the August 2015 peace agreement, and ensure that it immediately opens investigations into crimes under international law, including into this atrocity.”


Full briefing available upon request 
In August 2015, after more than 20 months of intermittent negotiations, South Sudan’s warring parties finally agreed to the terms of a peace agreement. The agreement provided a framework for parties to end hostilities and addressed a wide range of issues including: power sharing, security arrangements, humanitarian assistance, economic arrangements, justice and reconciliation, and for a process to develop a permanent constitution.
Despite the peace agreement and commitments by parties to the conflict to a permanent ceasefire, fighting continued in Unity state through mid-December 2015. The power-sharing government has not yet been formed. 
The August 2015 peace agreement provides for the establishment of a Hybrid Court for South Sudan by the African Union Commission, with a mandate to investigate and prosecute genocide, war crimes and crimes against humanity committed during the conflict. This court has not yet been established. 
The killing of approximately 60 men and boys in a shipping container in Leer was first revealed by the Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM), the body responsible for reporting on the implementation of the permanent ceasefire. The CTSAMM report recommended “that some sort of commission of enquiry is established to fully investigate the incident.”
At the time killings took place, the Comboni Catholic Church compound had been taken over by government forces.
Relatives of the dead told Amnesty that the victims were cattle keepers, traders and students, not fighters. 

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