               United Nations                                                                      S/RES/2428 (2018)
               Security Council                                                  Distr.: General
                                                                                 13 July 2018




               Resolution 2428 (2018)
               Adopted by the Security Council at its 8310th meeting, on
               13 July 2018

                    The Security Council,
                     Recalling its previous resolutions and statements on South Sudan, in particular
               resolutions 2057 (2012), 2109 (2013), 2132 (2013), 2155 (2014), 2187 (2014), 2206
               (2015), 2241 (2015), 2252 (2015), 2271 (2016), 2280 (2016), 2290 (2016), 2302
               (2016), 2304 (2016), 2327 (2016), 2353 (2017), 2392 (2017), 2406 (2018), and 2418
               (2018),
                     Expressing grave alarm and concern regarding the conflict between the
               Transitional Government of National Unity (TGNU) and opposition forces which
               emanated from internal political disputes among the country’s political and military
               leaders that has resulted in great human suffering, including significant loss of life,
               conflict-induced food insecurity and threat of famine, displacement of more than four
               million people, and the loss of property, further impoverishing and disadvantaging
               the people of South Sudan,
                     Commending the continued efforts of the Intergovernmental Authority on
               Development (IGAD)-led High Level Revitalization Forum to facilitate the peace
               process in South Sudan, takes note of the Khartoum Declaration and the intention of
               the parties to continue negotiations, and urges all parties to engage to reach agreement
               on outstanding issues,
                     Strongly condemning past and ongoing human rights violations and abuses and
               violations of international humanitarian law, further condemning harassment and
               targeting of civil society, humanitarian personnel and journalists, emphasizing that
               those responsible for violations of international humanitarian law and violations and
               abuses of human rights must be held accountable, and that the TGNU bears the
               primary responsibility to protect its population from genocide, war crimes, ethnic
               cleansing, and crimes against humanity, and in this regard, urging the Government of
               South Sudan to expeditiously sign the Memorandum of Understanding with the
               African Union for the creation of the Hybrid Court for South Sudan,
                     Expressing deep concern at reports of misappropriation of funds that undermine
               the stability and security of South Sudan, and that these activities can have a
               devastating impact on society and individuals, weaken democratic institutions,
               undermine the rule of law, perpetuate violent conflicts, facilitate illegal activities,
               divert humanitarian assistance or complicate its delivery, and undermine economic
               markets,



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                    Acting under Chapter VII of the Charter of the United Nations,
                    1.    Expresses deep concern at the failures of South Sudan’s leaders to bring
               an end to the hostilities and condemns the continued and flagrant violations of the
               17 August 2015 Agreement on the Resolution of the Conflict in the Republic of South
               Sudan (ARCSS), the 21 December 2017 Agreement on Cessation of Hostilities,
               Protection of Civilians and Humanitarian Access (ACOH), and the 27 June 2018
               Khartoum Declaration;
                    2.    Demands that South Sudan’s leaders fully and immediately adhere to the
               ARCSS, ACOH, and 27 June 2018 Khartoum Declaration and allow, in accordance
               with relevant provisions of international law and the UN guiding principles of
               humanitarian assistance, full, safe and unhindered humanitarian access to help ensure
               timely delivery of humanitarian assistance to all those in need;
                    3.    Reiterates that there is no military solution to the conflict;

               Arms Embargo
                      4.    Decides that, until 31 May 2019, all Member States shall immediately take
               the necessary measures to prevent the direct or indirect supply, sale or transfer to the
               territory of South Sudan from or through their territories or by their nationals, or using
               their flag vessels or aircraft, of arms and related materiel of all types, including
               weapons and ammunition, military vehicles and equipment, paramilitary equipment,
               and spare parts for the aforementioned; and technical assistance, training, financial
               or other assistance, related to military activities or the provision, maintenance or use
               of any arms and related materiel, including the provision of armed mercenary
               personnel whether or not originating in their territories;
                    5.    Decides that the measure imposed in paragraph 4 of this resolution sh all
               not apply to the supply, sale or transfer of:
                     (a) Arms and related materiel, as well as training and assistance, intended
               solely for support of or use by UN personnel, including the United Nations Mission
               in the Republic of South Sudan (UNMISS) and the United Nations Interim Security
               Force for Abyei (UNISFA);
                    (b) Non-lethal military equipment intended solely for humanitarian or
               protective use, and related technical assistance or training, as notified in advance to
               the Committee;
                    (c) Protective clothing, including flak jackets and military helmets,
               temporarily exported to South Sudan by UN personnel, representatives of the media
               and humanitarian and development workers and associated personnel, for their
               personal use only;
                    (d) Arms and related materiel temporarily exported to South Sudan by the
               forces of a State which is taking action, in accordance with international law, solely
               and directly to facilitate the protection or evacuation of its nationals and those for
               whom it has consular responsibility in South Sudan, as notified to the Committee;
                     (e) Arms and related materiel, as well as technical training and assistance, to
               or in support of the African Union Regional Task Force intended solely for regional
               operations to counter the Lord’s Resistance Army, as notified in advance to the
               Committee;
                     (f) Arms and related materiel, as well as technical training and assistance,
               solely in support of the implementation of the terms of the peace agreement, as
               approved in advance by the Committee;



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                 (g) Other sales or supply of arms and related materiel, or provision of
           assistance or personnel, as approved in advance by the Committee;
                 6.    Stresses the importance that notifications or requests for exemptions
           pursuant to paragraph 5 above contain all relevant information, including the purpose
           of the use, the end user, the technical specifications and quantity of the equipment to
           be shipped and, when applicable, the supplier, the proposed date of delivery, mode of
           transportation and itinerary of shipments;

           Inspections
                  7.  Underscores that arms shipments in violation of this resolution risk
           fuelling conflict and contributing to further instability, and strongly urges all Member
           States to take urgent action to identify and prevent such shipments within their
           territory;
                 8.   Calls upon all Member States, in particular States neighbouring South
           Sudan, to inspect, in accordance with their national authorities and legislation and
           consistent with international law, in particular the law of the sea and relevant
           international civil aviation agreements, all cargo to South Sudan, in their territory,
           including seaports and airports, if the State concerned has information that provides
           reasonable grounds to believe the cargo contains items the supply, sale, or transfer of
           which is prohibited by paragraph 4 of this resolution for the purpose of ensuring strict
           implementation of these provisions;
                 9.    Decides to authorize all Member States to, and that all Member States
           shall, upon discovery of items the supply, sale, or transfer of which is prohibited by
           paragraph 4 of this resolution, seize and dispose (such as through destruction,
           rendering inoperable, storage or transferring to a State other than the originating or
           destination States for disposal) of such items, and decides further that all Member
           States shall cooperate in such efforts;
                 10. Requires any Member State when it undertakes an inspection pursuant to
           paragraph 8 of this resolution, to submit promptly an initial written report to the
           Committee containing, in particular, explanation of the grounds for the inspections,
           the results of such inspections, and whether or not cooperation was provided, and, if
           prohibited items for supply, sale, or transfer are found, further requires such Member
           States to submit to the Committee within 30 days a subsequent written report
           containing relevant details on the inspection, seizure, and disposal, and relevant
           details of the transfer, including a description of the items, their origin and intended
           destination, if this information is not in the initial report;

           Targeted Sanctions
                11. Underscores its willingness to impose targeted sanctions in order to
           support the search for an inclusive and sustainable peace in South Sudan;
                12. Decides to renew until 31 May 2019 the travel and financial measures
           imposed by paragraphs 9 and 12 of resolution 2206 (2015), and reaffirms the
           provisions of paragraphs 10, 11, 13, 14 and 15 of resolution 2206 (2015);
                 13. Reaffirms that the provisions of paragraph 9 of resolution 2206 (2015)
           apply to individuals, and that the provisions of paragraph 12 of resolution 2206 (2015)
           apply to individuals and entities, as designated for such measures by the Committee
           established pursuant to paragraph 16 of resolution 2206 (2015) (“the Committee”), as
           responsible for or complicit in, or having engaged in, directly or indirectly, actions or
           policies that threaten the peace, security or stability of South Sudan;



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                    14. Underscores that such actions or policies as described in paragraph 13
               above may include, but are not limited to:
                    (a) Actions or policies that have the purpose or effect of expanding or
               extending the conflict in South Sudan or obstructing reconciliation or peace talks or
               processes, including breaches of the Agreement on the Resolution of the Conflict in
               the Republic of South Sudan (“the Agreement”);
                     (b) Actions or policies that threaten transitional agreements or undermine the
               political process in South Sudan, including Chapter 4 of the Agreement;
                     (c) Planning, directing, or committing acts that violate applicable
               international human rights law or international humanitarian law, or acts that
               constitute human rights abuses, in South Sudan;
                     (d) The targeting of civilians, including women and children, through the
               planning, directing, or commission of acts of violence (including killing, maiming, or
               torture), abduction, enforced disappearance, forced displacement, or attacks on
               schools, hospitals, religious sites, or locations where civilians are seeking refuge, or
               through conduct that would constitute a serious abuse or violation of human rights or
               a violation of international humanitarian law;
                    (e) Planning, directing, or committing acts involving sexual and gender-based
               violence in South Sudan;
                    (f) The use or recruitment of children by armed groups or armed forces in the
               context of the armed conflict in South Sudan;
                     (g) The obstruction of the activities of international peacekeeping, diplomatic,
               or humanitarian missions in South Sudan, including the Ceasefire and Transitional
               Security Arrangements Monitoring Mechanism or of the delivery or distribution of,
               or access to, humanitarian assistance;
                     (h) Attacks against United Nations missions, international security presences,
               or other peacekeeping operations, or humanitarian personnel;
                    (i) Acting for or on behalf of, directly or indirectly, an individual or entity
               designated by the Committee; or
                    (j) Engagement by armed groups or criminal networks in activities that
               destabilize South Sudan through the illicit exploitation or trade of natural resources;
                     15. Expresses concerns at reports of misappropriation and diversion of public
               resources which pose a risk to the peace, security, and stability of South Sudan,
               expresses serious concern at the reports of financial impropriety involving the TGNU,
               which pose a risk to the peace, stability, and security of South Sudan, and in this
               context, underscores that individuals engaged in actions or policies that have the
               purpose or effect of expanding or extending the conflict in South Sudan may be listed
               for travel and financial measures;
                     16. Reaffirms that the provisions of paragraphs 9 and 12 of resolution 2206
               (2015) apply to individuals, as designated for such measures by the Committee, who
               are leaders of any entity, including any South Sudanese government, opposition,
               militia, or other group, that has, or whose members have, engaged in any of the
               activities described in paragraphs 13 and 14 above;
                    17. Decides that the measures specified in paragraphs 9 and 12 of resolution
               2206 (2015) shall apply to the individuals identified in Annex 1 to this resolution;




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           Sanctions Committee/Panel of Experts
                 18. Emphasizes the importance of holding regular consultations with
           concerned Member States, international and regional and subregional organizations,
           as well as UNMISS, as may be necessary, in particular neighbouring and regional
           States, in order to ensure the full implementation of the measures in this resolution,
           and in that regard encourages the Committee to consider, where and when
           appropriate, visits to selected countries by the Chair and/or Committee members;
                 19. Decides to extend until 1 July 2019 the mandate of the Panel of Experts as
           set out in paragraph 18 of resolution 2206 (2015) and this paragraph, expresses its
           intention to review the mandate and take appropriate action regarding the further
           extension no later than 31 May 2019, and decides that the Panel should carry out the
           following tasks:
                 (a) Assist the Committee in carrying out its mandate as specified in this
           resolution, including through providing the Committee with information relevant to
           the potential designation of individuals and entities who may be engaging in the
           activities described in paragraphs 13, 14 and 15 above;
                (b) Gather, examine and analyse information regarding the implementation of
           the measures decided in this resolution, in particular incidents of non -compliance,
           with particular focus on the benchmarks outlined in paragraph 26 below;
                 (c) Gather, examine and analyse information regarding the supply, sale or
           transfer of arms and related materiel and related military or other assistance, including
           the financing modalities of such activities as well as procurement of these items
           through illicit trafficking networks, to individuals and entities undermining
           implementation of the Agreement or participating in acts that violate international
           human rights law or international humanitarian law, as applicable;
                (d) Gather, examine and analyse information on armed groups or criminal
           networks engaging in the illicit exploitation or trade of natural resources in South
           Sudan;
                (e) Provide to the Council, after discussion with the Committee, an interim
           report by 1 December 2018, a final report by 1 May 2019, and except in the months
           when these reports are due, updates each month;
                 (f) Assist the Committee in refining and updating information on the list of
           individuals and entities subject to the measures imposed by this resolution, including
           through the provision of identifying information and additional information for the
           publicly available narrative summary of reasons for listing;
                 20. Requests the Panel of experts to include the necessary gender expertise, in
           line with paragraph 6 of resolution 2242 (2015), and encourages the Panel to integrate
           gender as a cross-cutting issue across its investigations and reporting;
                 21. Calls upon all parties and all Member States, especially those neighboring
           South Sudan, as well as international, regional and subregional organizations to
           ensure cooperation with the Panel of Experts, including by providing any information
           on illicit transfers of wealth from South Sudan into financial, propert y and business
           networks and further urges all Member States involved to ensure the safety of the
           members of the Panel of Experts and unhindered access, in particular to persons,
           documents and sites in order for the Panel of Experts to execute its mandate;
                 22. Requests the Special Representative of the Secretary-General for Children
           and Armed Conflict and the Special Representative for Sexual Violence in Conflict
           to share relevant information with the Committee in accordance with paragraph 7 of
           resolution 1960 (2010) and paragraph 9 of resolution 1998 (2011), and invites the

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               High Commissioner for Human Rights to share relevant information with the
               Committee, as appropriate;

               Role of UNMISS
                    23. Recalls the mandate of the United Nations Mission in the Republic of South
               Sudan (UNMISS) as outlined in resolution 2406 (2018), in particular paragraph 7 (c)
               regarding monitoring, investigating, verifying and reporting on abuses and violations
               of human rights and violations of international humanitarian law;
                    24. Encourages timely information exchange between UNMISS and the Panel
               of Experts, and requests UNMISS to assist the Committee and the Panel of Experts,
               within its mandate and capabilities;

               Review
                     25. Expresses its intent to monitor and review the situation at 90-day intervals
               from the adoption of this resolution or more frequently, as needed, and invites the
               Joint Monitoring and Evaluation Commission (JMEC) to share relevant information
               with the Council, as appropriate, on its assessment of the parti es’ implementation of
               the Agreement, adherence to the ARCSS, ACOH and 27 June 2018 Khartoum
               Declaration, and the facilitation of unhindered and secure humanitarian access, also
               expresses its intent to continue to impose any sanctions that may be appropriat e to
               respond to the situation, which may include the designation of senior individuals
               responsible for actions or policies that threaten the peace, security or stability of
               South Sudan;
                     26. Affirms also that it shall be prepared to adjust the measures co ntained in
               this resolution, including by strengthening through additional measures, as well as
               modification, suspension or lifting of the measures, as may be needed at any time in
               light of the progress achieved in the peace, accountability, and reconciliat ion process,
               and in light of the implementation of the parties’ commitments, including the
               ceasefire, and compliance with this and other applicable resolutions;
                    27.   Decides to remain seized of the matter.




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Annex 1
           Travel Ban/Asset Freeze (Individuals)

           1.   Name: 1: MALEK 2: REUBEN 3: RIAK 4: RENGU
           Title: Lieutenant General Designation: a) Deputy Chief of General Staff for Logistics
           b) Deputy Chief of Defence Staff and Inspector General of the Army DOB: 1 Jan. 1960
           POB: Yei, South Sudan Good quality a.k.a.: Malek Ruben Low quality a.k.a.: na
           Nationality: South Sudan Passport no: na National identification no: na Address:
           na Other information: As SPLA Deputy Chief of Staff for Logistics, Riak was one
           of the senior officials of the Government of South Sudan who planned and oversaw
           an offensive in Unity state in 2015 that resulted in widespread destruction and large
           population displacement.

           Reason for listing:
           Malek Ruben Riak is being listed pursuant to paragraphs 6, 7 (a), and 8 of resolution
           2206 (2015), as reaffirmed in resolution 2418 (2018), for “actions or policies that
           threaten the peace, security or stability of South Sudan”; “Actions or policies that
           have the purpose or effect of expanding or extending the conflict in South Sudan ...,”
           and as a leader “of any entity, including any South Sudanese government, opposition,
           militia, or other group, that has, or whose members have, engaged in any of the
           activities described in paragraphs 6 and 7,” and pursuant to paragraph 14 (e) of this
           resolution for “planning, directing, or committing acts involving sexual and genderbased violence in South Sudan”.

           Additional information:
           According to the report by the Panel of Experts on South Sudan in January 2016
           (S/2016/70), Riak was one of a group of senior security officials who planned a Unit y
           state offensive against the SPLM-IO beginning in January 2015, and subsequently
           oversaw its execution from late April 2015 onwards. The Government of South Sudan
           began arming Bul Nuer youth in early 2015 to facilitate their participation in the
           offensive. Most Bul Nuer youth already had access to AK-pattern automatic rifles,
           but ammunition was critical to sustaining their operations. The Panel of Experts
           reported evidence, including testimony from military sources, that ammunition was
           supplied to youth groups by SPLA headquarters specifically for the offensive. Riak
           was the SPLA Deputy Chief of Staff for Logistics at the time. The offensive resulted
           in systematic destruction of villages and infrastructure, the forced displacement of the
           local population, the indiscriminate killing and torturing of civilians, the widespread
           use of sexual violence, including against the elderly and children, the abduction and
           recruitment of children as soldiers, and large population displacement. Following the
           destruction of much of the southern and central parts of the state, numerous media
           and humanitarian organizations, as well as the United Nations Mission in South Sudan
           (UNMISS) published reports about the scale of the abuses that were perpetrated. ”
           2.   Name: 1: PAUL 2: MALONG 3: AWAN 4: na
           Title: General Designation: a) Former Chief of Staff of the Sudan People’s
           Liberation Army (SPLA) b) Former Governor, Northern Bahr el-Ghazal State DOB:
           a) 1962 b) 4 Dec. 1960 c) 12 Apr. 1960 POB: Malualkon, South Sudan Good quality
           a.k.a.: a) Paul Malong Awan Anei b) Paul Malong c) Bol Malong Low quality a.k.a.:
           na Nationality: a) South Sudan b) Uganda Passport no: a) South Sudan number
           S00004370 b) South Sudan number D00001369 c) Sudan number 003606 d) Sudan
           number 00606 e) Sudan number B002606 National identification no: na Address:
           na Other information: As Chief of General Staff of the SPLA, Malong expanded or


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               extended the conflict in South Sudan through breaches of the Cessation of Hostilities
               Agreement and breaches of the 2015 Agreement on the Resolution of the Conflict in
               South Sudan (ARCSS). He reportedly directed efforts to kill opposition leader Riek
               Machar. He ordered SPLA units to prevent the transport of humanitarian supplies.
               Under Malong’s leadership, the SPLA attacked civilians, schools and hospitals;
               forced the displacement of civilians; carried out enforced disappearances; arbitrarily
               detained civilians; and conducted acts of torture, and rape. He mobilized the Mathiang
               Anyoor Dinka tribal militia, which uses child soldiers. Under his leadership, the
               SPLA restricted UNMISS, the Joint Monitoring and Evaluation Commission (JMEC),
               and CTSAMM access to sites to investigate and document abuses.

               Reason for listing:
               Paul Malong Awan is being listed pursuant to paragraphs 6, 7 (a), 7 (b), 7 (c), 7 (d),
               7 (f), and 8 of resolution 2206 (2015), as reaffirmed in resolution 2418 (2018), for
               “actions or policies that have the purpose or effect of expanding or extending the
               conflict in South Sudan or obstructing reconciliation or peace talks or processes,
               including breaches of the Cessation of Hostilities Agreement ”; “actions or policies
               that threaten transitional agreements or undermine the political process in South
               Sudan”; “the targeting of civilians, including women and children, through the
               commission of acts of violence (including killing, maiming, torture, or rape or other
               sexual violence), abduction, enforced disappearance, forced displacement, or attacks
               on schools, hospitals, religious sites, or locations where civilians are seeking refuge,
               or through conduct that would constitute a serious abuse or violation of human rights
               or a violation of international humanitarian law”; “planning, directing, or committing
               acts that violate applicable international human rights law or international
               humanitarian law, or acts that constitute human rights abuses, in South Sudan ”; “The
               use or recruitment of children by armed groups or armed forces in the context of the
               armed conflict in South Sudan; “the obstruction of the activities of international
               peacekeeping, diplomatic, or humanitarian missions in South Sudan, including
               IGAD’s Monitoring and Verification Mechanism or of the delivery or distribution of,
               or access to, humanitarian assistance; and as a leader “of any entity, including any
               South Sudanese government, opposition, militia, or other group, that has, or whose
               members have, engaged in any of the activities described in paragraphs 6 and 7”.

               Additional information:
               Malong served as Chief of General Staff of the SPLA from April 23, 2014, to May
               2017. In his former position as the Chief of General Staff, he expanded or extended
               the conflict in South Sudan through breaches of the Cessation of Hostilities
               Agreement and breaches of the 2015 Agreement on the Resolution of the Conflic t in
               South Sudan (ARCSS). As of early August 2016, Malong reportedly directed efforts
               to kill South Sudanese opposition leader Riek Machar. Malong, knowingly
               countermanding President Salva Kiir’s orders, ordered the 10 July 2016 tank,
               helicopter gunship, and infantry assaults on Machar’s residence and the Sudan
               Peoples’ Liberation Movement in Opposition (SPLM-IO)’s “Jebel” base. Malong
               personally oversaw efforts from SPLA headquarters to intercept Machar. As of early
               August 2016, Malong wanted the SPLA to attack Machar’s suspected position
               immediately and informed SPLA commanders that Machar was not to be taken alive.
               In addition, in early 2016 information indicates that Malong ordered SPLA units to
               prevent the transport of humanitarian supplies across the N ile River, where tens of
               thousands of civilians were facing hunger, claiming that food aid would be diverted
               from civilians to militia groups. As a result of Malong’s orders, food supplies were
               blocked from crossing the Nile for at least two weeks.



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           Throughout his tenure as Chief of General Staff of the SPLA, Malong has been
           responsible for the SPLA and its allied forces’ perpetration of serious abuses including
           attacks on civilians, forced displacement, enforced disappearances, arbitrary
           detentions, torture, and rape. Under Malong’s leadership, the SPLA launched attacks
           directed against the civilian population and intentionally killed unarmed and fleeing
           civilians. In the Yei area alone, the UN documented 114 killings of civilians by the
           SPLA and its allied forces between July 2016 and January 2017. The SPLA
           intentionally attacked schools and hospitals. In April 2017, Malong allegedly ordered
           the SPLA to clear all people, including civilians from the area around Wau. Malong
           reportedly did not discourage the killing of civilians by the SPLA troops, and persons
           suspected of hiding rebels were considered legitimate targets.
           According to a 15 October 2014 African Union Commission of Inquiry on South
           Sudan report, Malong was responsible for the mass mobiliza tion of Mathiang Anyoor
           Dinka tribal militia, which Ceasefire and Transitional Security Arrangements
           Monitoring Mechanism (CTSAMM) documented use child soldiers.
           Under Malong’s leadership of the SPLA, the government forces regularly restricted
           United Nations Mission in South Sudan (UNMISS), Joint Monitoring and Evaluation
           Commission (JMEC), and CTSAMM’s access when they tried to investigate and
           document abuses. For example, on April 5, 2017, a joint UN and CTSAMM patrol
           tried to access Pajok but was turned back by SPLA soldiers.




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