A prosecution witness has told the special court in Juba that suspended First Vice President Dr. Riek Machar can be linked to the Nasir killings through the principle of “command responsibility.”

The assertion was made after defence lawyers repeatedly demanded direct proof tying Machar to the deaths of more than 200 government soldiers in Nasir in March 2025.
Command responsibility is a legal doctrine that can hold military commanders liable for crimes committed by their forces, even without issuing explicit orders.

The evidence was brought forward during the 29th sitting of the high-profile trial at Freedom Hall on Wednesday, which resumed after a delay caused by the illness of one of the judges, Justice Stephen Simon.

Defence disputes absence of direct evidence

During the session, the defence continued cross-examining Major Peter Malual, a member of the SSPDF military investigation committee.

Defence lawyer Kur Lual Kur challenged the witness over the absence of any direct link implicating Machar. Major Peter admitted that the committee lacked audio or video proof showing Machar instructing the killing of garrison commander Gen. David Majur Dak.

The defence further questioned whether Machar attempted to assist the trapped soldiers in Nasir—asking if he coordinated the evacuation of 198 SSPDF troops, requested UN aircraft for their rescue, or provided food and water through local authorities.

Major Peter refuted the claims, saying the soldiers survived on chickens kept inside the garrison and water from a vehicle radiator. He said the SSPDF, not Machar, carried out the evacuation, though the opposition leader was consulted because Nasir was under SPLA-IO control at the time.

Tensions briefly rose when the defence asked whether the military investigators worked with a parallel police team. Major Peter replied sharply that there was no need for cooperation and none existed.

Defence lawyer Warnyang Kiir Warnyang went on to question the scope of the military probe, asking about the distance between SSPDF and SPLA-IO forces in Wie-Yar Adieu. Major Peter responded that such matters were either not investigated or fell outside the committee’s responsibilities.

A major point of contention involved the large amount of military equipment lost when the garrison collapsed. Warnyang pressed the witness about weapons reportedly worth $58 million that were abandoned during the SSPDF retreat.

Major Peter described the withdrawal as chaotic, saying the area had been completely overrun and more than 200 SSPDF soldiers were killed. Many survivors, he noted, fled without their personal weapons in the confusion.

He added that some guns were deliberately handed over to White Army fighters as ransom to free captured soldiers. He also confirmed that heavier equipment and vehicles left at the garrison were later seized by forces loyal to Machar’s SPLA-IO.

Prosecution advances ‘command responsibility’ argument

After the cross-examination, prosecutor Martha Joby Jeremiah re-examined another witness referred to as Deng.

Deng argued that Machar bore responsibility by virtue of his leadership role. He said Machar, as commander-in-chief of the SPLA-IO, established a committee on 1 March 2025 to monitor SSPDF movements in Nasir—just two days before the garrison was attacked.

He claimed the committee included White Army Commander Colonel Tor Gile and his deputy Kang Makana, who allegedly led the second assault.

Deng cited video footage in which Kang Makana and former Nasir County Commissioner James Gatluak Lew pledge allegiance to Machar and the SPLA-IO. Other videos reportedly show Tor Gile briefing White Army youth and outlining the assault on the government garrison.

“These actions show command responsibility,” Deng said, adding that only a commander could authorize such an operation without being physically present.

Court adjourns hearing

The presiding judge noted that the testimony required further examination and adjourned proceedings. The trial will resume on Friday, 12 December, when the bench will directly question Major Peter Malual.

Dr. Riek Machar and seven co-defendants are facing charges including murder, conspiracy, terrorism, financing terrorism, treason, destruction of public property, and crimes against humanity.

The charges stem from clashes in Nasir County in March 2025 between the White Army militia and the SSPDF. The government alleges SPLA-IO forces were involved, resulting in the deaths of Gen. David Majur Dak and 257 soldiers.