South Sudan Chemical Attack: Will International Accountability Follow?

A staggering number of civilians, already reeling from years of conflict, are now facing the horrific possibility of chemical weapons attacks. Will the international community step up to ensure accountability for these alleged atrocities?

South Sudan, the world’s youngest nation, has been plagued by persistent conflict and atrocities since gaining independence in 2011. A recent report has brought to light deeply concerning allegations of chemical weapons use in the country, specifically in the Upper Nile region. These reports, if confirmed, would constitute war crimes and demand immediate international attention.

The Allegations: Chemical Weapons in South Sudan?

Reports have emerged alleging the use of chemical incendiary weapons, specifically ethyl acetate, by the governments of South Sudan and Uganda in attacks on civilian targets in Nasir, Upper Nile State. These attacks reportedly occurred on March 17, 2025, resulting in numerous casualties, including the paramount chief. The airport, market, and county commissioner’s residence were targeted.

Edward H. Carpenter, Director of World Without War and former UN peacekeeper in South Sudan, condemned the attacks, stating, “I am deeply concerned by the use of chemical incendiary weapons by the governments of South Sudan and Uganda… This is not just an escalation—it’s a potential war crime.” He further emphasized the need for a UN investigation and accountability.

While the United Nations Mission in South Sudan (UNMISS) investigated previous reports of chemical weapon use in Mundri in 2016, they found no concrete evidence. However, the current allegations are more specific, citing the use of ethyl acetate and implicating the Ugandan military.

The Legal Framework: Can Perpetrators Be Held Accountable?

The question of accountability is complex, given South Sudan’s unique legal and political landscape. Several avenues exist for pursuing justice, each with its own challenges:

The International Criminal Court (ICC): South Sudan is not a signatory to the Rome Statute, the treaty that established the ICC. However, there are circumstances under which the ICC could have jurisdiction. One possibility is if the UN Security Council refers the situation in South Sudan to the ICC, as it did with Darfur in 2005. Another possibility exists if South Sudanese are displaced to Uganda, which is a signatory.
The African Union (AU) Hybrid Court: The 2018 Revitalized Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS) calls for the establishment of a Hybrid Court for South Sudan (HCSS) to investigate and prosecute individuals responsible for violations of international law and South Sudanese law committed since December 15, 2013. The AU Commission is mandated to establish this court. However, progress has been slow, and some express doubt that it will be established anytime soon.
National Courts: While the R-ARCSS envisions transitional justice mechanisms, including the Hybrid Court, South Sudan’s national courts could, in theory, prosecute perpetrators of war crimes and crimes against humanity. However, the capacity and impartiality of the national judicial system are questionable.

Challenges to Accountability

Several factors hinder the pursuit of accountability for atrocities in South Sudan:

Lack of Political Will: The primary obstacle is the lack of political will among South Sudanese leaders to hold perpetrators accountable. The signatories of the 2018 peace deal agreed to the proposal of forming a hybrid court, but there is little indication that they are committed to establishing it.
Impunity: A pervasive culture of impunity fuels resentment and recurring cycles of violence. Senior political and military leaders have manipulated long-standing enmities between rival ethnic communities, enabling national-level political dynamics to spark local conflicts.
Limited Access and Resources: Investigating alleged war crimes and crimes against humanity in South Sudan is challenging due to limited access to conflict zones, a lack of resources, and security concerns.
UN Security Council Divisions: The UN Security Council is divided in its approach to Sudan, with some vetoes by Russia and China hindering definitive statements on issues related to Sudan.

The Role of the International Community

Despite these challenges, the international community has a crucial role to play in ensuring accountability for alleged chemical attacks and other atrocities in South Sudan:

Independent Investigation: The UN should launch an independent investigation into the alleged use of chemical weapons in South Sudan. This investigation should be impartial, thorough, and transparent.
Diplomatic Pressure: The international community should exert diplomatic pressure on the government of South Sudan and other actors to cooperate with investigations and hold perpetrators accountable.
Support for Transitional Justice Mechanisms: The AU and other international partners should provide technical and financial support for the establishment of the Hybrid Court for South Sudan and other transitional justice mechanisms.
Targeted Sanctions: The US and other countries have imposed sanctions on individuals and entities responsible for atrocities in South Sudan. These sanctions should be maintained and expanded as necessary.
Arms Embargo: The UN Security Council has imposed an arms embargo on South Sudan, which should be enforced to prevent further violence and atrocities.

The Path Forward: A Call to Action

The allegations of chemical weapons use in South Sudan are deeply disturbing and demand immediate action. The international community must prioritize accountability for these alleged atrocities to prevent further suffering and promote long-term stability in the country.

It is imperative that the UN launches an independent investigation, that diplomatic pressure is exerted on the government, and that support is provided for transitional justice mechanisms. The victims of these alleged attacks deserve justice, and the perpetrators must be held accountable for their crimes.

The question remains: Will the international community rise to the occasion and ensure that accountability follows the alleged chemical attacks in South Sudan? The answer will determine the future of justice and peace in this fragile nation.

If you or a loved one has been affected by violence or human rights abuses in South Sudan, it is crucial to seek legal advice and support. Contact our firm today for a confidential consultation to discuss your options.