A/HRC/40/CRP.1
conflict in December 2013, the London School of Hygiene and Tropical Medicine has
estimated the excess deaths in the country to be close to 400,000, with half of the lives lost
estimated to be directly attributable to violence. 1521
However, the Government of South Sudan has not demonstrated consistent political
will to ensure accountability for these crimes. Added to this, the South Sudan criminal justice
system lacks the capacity to address the crimes committed since the conflict erupted. Human
Rights Watch, in its 2014 Report, cited a lack of independence and high politicization of
prosecutors; climate of intimidation and threats against judges and lawyers, gaps and
inadequacies in law as well as a lack of witness protection system, as major demonstrations
of the weakness of South Sudanese legal system. 1522 Impunity is also deeply entrenched in
South Sudan’s political culture and legal systems, effectively placing government forces and
officials and their allied forces above the law.
For example, individuals implicated in attacks on civilians have been rewarded with
promotions and government appointments instead of being held criminally accountable for
their actions.1523 As described above the Commission received information that one the SPLA
Brigadier Generals who was a Commander in the offensive in southern Unity State between
April and June 2018 may have been subsequently promoted. 1524 Likewise, one of the Deputy
Director Generals in the NSS, who would have known about the human rights violations
perpetrated against detainees but did not prevent them was subsequently given a Governor’s
post in 2017.1525 The rewarding of officials implicated in serious human rights violations by
promotions directly fosters impunity.
Since the beginning of the conflict, the Government has periodically undertaken to
apply several measures including establishing investigation committees to hold perpetrators
to account but, in general, has not followed through with the implementation of these
undertakings.1526 Various investigations committees were set up in the early stages of the
crisis as in for example, in the immediate aftermath of the onset of hostilities in Juba, the
government initiated multiple investigations into the violence, including an eight-person
Human Rights Abuses Investigation committee established by presidential decree and headed
by a former chief justice of the Supreme Court.1527 Approximately 100 individuals were
reported to have been arrested for the targeted killings that took place in Juba during the early
days of the conflict. However, to date, little information has been provided about the
identities of the detainees, the nature of the investigations, or the charges that were brought
against them, and the reports of the investigations were never made public.
Following the July 2016 violence, the government also announced the formation of a
General Court Martial to try SPLA soldiers accused of committing various crimes. Whilst a
number of soldiers were reported to have been convicted for crimes including murder and
rape, details of the trials were never provided to the public.1528 Even though the alleged crimes
were committed against civilians, the alleged perpetrators were not prosecuted in civilian
courts, as would be required by national and international standards. Moreover, the South
Sudanese criminal and military justice systems have repeatedly demonstrated a lack of
Francesco Checchi, et al., “Estimates of crisis-attributable mortality in South Sudan, December 2013-April 2018”, London
School of Hygiene and Tropical Medicine, September 2018.
1522 Human Rights Watch, „Ending the Era of Injustice Advancing Prosecutions for Serious Crimes Committed in South Sudan’s
New War”, 10 December 2014.
1523 For example, a number of SPLA officers subject to sanctions have been promoted since being sanctioned. See above “Targetted
Sanctions and Arms Embargo” section (section IV(A)(3)).
1524 See above “Unity State, 2018: Reponsibility” section (section VII(A)(6)).
1525 See above “Securitization of the State” section (section VI(A)(11)).
1526 See e.g. President Kiir established an Investigative Committee in October 2016 to investigate violations occurring in Yei; Yei
River State established an Investigative Committee in December 2016 to investigate the alleged killing of 11 people in Central
Equatoria in 2016 (see Human Rights Council, Report of the Commission on Human Rights in South Sudan, A/HRC/37/71, 13
March 2018, section VIII(A)); Republic of South Sudan, Report of the Investigation Committee on Wau incident of 24-26th June
2016, 1 August 2016, ERN D101519-D101553; President Kiir established an Investigative Committee in May 2018 to
investigate the violations that occurred at Emmanuel Christian College in Goli on 14 May 2014 (see above section VII(B)(6)).
1527 South Sudan News Agency, “Independent Investigation of Human Rights Violations in South Sudan Must Start Now”,
22 November 2014.
1528 Eye Radio, “Military Court Condemns Soldier to Death”, September 2016.
1521
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