A/HRC/40/CRP.1 of a Major General who was in turn under the SPLA’s Sector 1, commanded by a Lieutenant General who is now the Chief of General Staff of the SPLA.1425 As explained in the Commission’s previous Report, it finds reasonable grounds to believe that they exercised effective control over their troops during this period 1426 and the Commission has received no information about measures taken to prevent or punish these crimes. Finally, with respect to the looting carried out by the SPLA-IO in the Wadhalelo area, during their presence in the area, a number of witnesses identified the SPLA-IO Commander in the Wadhalelo area as a Brigadier General1427 who reported to the SPLA-IO in Bazia which was commanded by a Major General.1428 However, further investigations are required to establish their knowledge, effective control, and whether reasonable and necessary measures were taken to prevent or punish the crimes. b) State Responsibility As the SPLA are government forces, their violations of human rights and international humanitarian law give rise to state responsibility on the part of the Republic of South Sudan. In any event, the Government has a duty to investigate and prosecute these alleged violations of international human rights and international humanitarian law, as well as the criminal acts committed in the Wau Triangle between June and November 2018 and Wadhalelo between January and August 2017 and in June 2018. The Commission has received no information regarding steps taken by the Government to criminally investigate and prosecute those responsible for these events. VIII. Accountability and Transitional Justice In August 2015, the parties to the conflict signed the Agreement on the Resolution of the Conflict in the Republic of South Sudan (ARCSS), committing to “national reconciliation, accountability, healing and combating impunity” among the priorities for the Transitional Government of National Unity.1429 Chapter V of the Agreement provided for the establishment of three transitional justice institutions: the Hybrid Court for South Sudan (HCSS) to investigate and prosecute individuals suspected of committing genocide, war crimes and crimes against humanity, and serious human rights violations and violations of international humanitarian law; the Commission for Truth, Reconciliation and Healing (CTRH) to address the legacy of past human rights abuses; and the Compensation and Reparation Authority (CPA).1430 Despite the commitments made in the ARCSS, the Government has failed to make meaningful progress in implementing the transitional justice framework. Most recently, on 12 September 2018, the Government and the other parties to the conflict signed a Revitalized Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS), which has not introduced major changes to the previous provisions dealing with the transitional justice framework, but it nevertheless has set out new time-lines for the establishment of the three transitional justice mechanisms. 1431 In accordance with the R-ARCSS, the new transitional government, which will assume office in May 2019, will now be responsible for the process of establishing the transitional justice mechanisms, which is expected immediately to commence the implementation of Chapter V of R-ARCSS. Whereas Human Rights Watch, “South Sudan: Civilians Killed, Tortured in Western Region”, 24 May 2016; Confidential Source, ERN D106378-D106485, p. D106426; Confidential Source, ERN D106051-D106171, p. D106085; Confidential Source, ERN D103043-D103043; Confidential Source ERN D103041- D103041. 1426 Report of the Commission on Human Rights in South Sudan, A/HRC/37/CRP.2, 23 February 2018, paras. 243-256. 1427 Witness 925, ERN 101886-101890, para. 8; Witness 931, ERN 101799-101803, para. 5; Witness 913, ERN 101836-101841, para. 6; Witness 882, ERN 101577-101581, para. 10. 1428 Witness 878, ERN 101587-101592, para. 19; Witness 707, ERN 101891-101903, para. 20; Sarah Vuylsteke, “Briefing Paper: Identity and Self-Determination: The Fertit Opposition in South Sudan”, Human Security Baseline Assessment for South Sudan and Sudan, Small Arms Survey, December 2018. 1429 ARCSS, Preamble, para. 8. 1430 ARCSS, Chapter V, Article 1.1. 1431 Under the new scheme of the R-ARCSS, the three institutions are now to be set up by the Revitalized Transitional Government (R-ARCSS, Article 5.1.1) and the R-TGoNU will only be established eight months after the signing of the R-ARCSS on 12 September 2018 (see R-ARCSS, Article 1.1.2). 1425 176