A coalition of South Sudanese civil society organisations, the Reclaim Campaign, has formally petitioned the International Criminal Court (ICC) to open a preliminary examination into alleged war crimes, crimes against humanity, and the crimes of aggression committed by the Uganda People’s Defence Forces (UPDF) in South Sudan.
The group petitioned the ICC Office of the Prosecutor (OTP) under Article 15 of the Rome Statute, which permits the latter to initiate investigations proprio motu, based on information submitted by individuals or organisations. If the information provides a reasonable basis to proceed, the Prosecutor may request judicial authorisation to open a formal investigation.
The submission documents UPDF’s March 2025 incursion into South Sudan, during which indiscriminate aerial bombardments, use of chemical incendiary weapons, and targeted, systematic and indiscriminate attacks on the Nuer civilian populations were reported.
The Reclaim Campaign said the actions, commanded from Kampala and publicly justified by UPDF leadership, violated core international legal standards.
“Uganda’s failure to prosecute its military for extraterritorial crimes, combined with evidence of ethnic persecution and political domination, establishes the necessary jurisdiction, admissibility, interest of justice, and gravity for ICC intervention,” the petition says.
UPDF are accused of war crimes, crimes against humanity, and aggression against South Sudan’s Nuer ethnic group.
Their actions reportedly included aerial bombardments, chemical weapons, destruction of civilian infrastructure, and indiscriminate killings. They were reportedly directed from Uganda and violated Articles 7 and 8 of the Rome Statute.
The campaign, the group asserted, was state-approved, with senior Ugandan officials publicly confirming the chain of command and demonstrated genocidal intent through dehumanising statements such as, ‘I am tired of killing Nuer,’ ‘If the Nuer elders give me 1,000 cows, I will stop attacking them,’ and ‘not even a rat will survive in Nuer country’, all of which reflect systematic contempt and a stated aim to eradicate the group.”
The Reclaim Campaign said Uganda’s military intervention lacked full and lawful consent from the Revitalised Transitional Government of National Unity as stipulated under the R-ARCSS, undermining the political cohesion and independence of South Sudan violating international law and sovereignty. Consequently, it meets the legal criteria for aggression under Article 8 bis.
“The UPDF armed one faction, breached the UN arms embargo, and issued dehumanising threats against the Nuer. These acts suggest, not just persecution but potential intent to destroy, raising genocide concerns under Article 6. These violations demand immediate ICC investigation. The acts and public rhetoric, such as statements by Uganda’s Chief of Defence Forces threatening extermination of Nuer communities, strongly indicate discriminatory intent and official policy, potentially amounting to genocide under Article 6,” says the petition.
The Reclaim Campaign urges the OTP to:
1. Initiate a preliminary examination into the UPDF’s conduct under Article 15.
2. Preserve evidence and engage with victims and witnesses to ensure accountability.
3. Prioritise Justice for thousands of civilians subjected to atrocities, reinforcing the ICC’s role in deterring impunity.