A/HRC/40/CRP.1 capacity to conduct genuine investigations into allegations of serious violations, especially given the scale of the alleged violations reported in the current conflict. Yet, as noted above, in the midst of this chronic impunity, there have been rare exceptions when perpetrators have been prosecuted, most notably, the Terrain Hotel trial in September 2018, which resulted in the conviction and sentencing of 10 soldiers to jail for their actions which resulted in the murder of a local journalist and the rape of five international aid workers. The trial, which this Commission observed, was seen as a test of the Government of South Sudan’s ability and willingness to hold its soldiers to account. The Commission also notes that whilst this trial brought to justice the offenders in this particular case where international aid workers were targeted, there remains the broader problem of widespread sexual and gender-based violence against a large number of South Sudanese women and children which have gone unpunished.1529 In relation to the opposition, the Commission notes that there has been no evidence, nor available public information, of any genuine accountability measures applied by opposition groups, including the SPLA/IO, to investigate, prosecute and punish violations committed by their members since the conflict erupted. The Commission requested the group for relevant information on such measures, but this was not forthcoming. 1. Amnesties and Accountability Amnesties exclude the possibility of accountability and are seen as incompatible with the duty of states to investigate and prosecute gross violations of human rights law, and serious breaches of international humanitarian law as they deprive victims of their right to an effective remedy for such violations. While article 6(5) of Additional Protocol II of the Geneva Conventions makes provision for the granting of the broadest possible amnesties to “persons who have participated in armed conflicts, or those deprived of liberty, whether interned or detained, or reasons related to the armed conflict”,1530 the ICRC in its Rule 159 of the Customary International Humanitarian Law Database has specified that the granting of amnesties within the scope of this article does not extend to persons suspected of, accused of or sentenced for war crimes.1531 Furthermore, the Inter-American Court of Human Rights (IACtHR) in its decision against El Salvador for the massacres of El Mozote stated that this exception applies not only to war crimes but also crimes against humanity.1532 South Sudan has a history of granting blanket amnesties for conflict-related crimes, often in an effort to facilitate the success of peace talks. As recently as August 2018, President Kiir declared a general amnesty for “Riek Machar and other estranged armed groups who waged war against the Government of the Republic of South Sudan” 1533 without any limitations or exceptions for allegations of crimes against humanity, war crimes or genocide. In February 2015, in the middle of negotiations, the President issued an order granting amnesty to all those who had been waging war against the State.1534 However, blanket amnesties perpetuate historical injustice and protect those responsible for violent crimes which has contributed to a culture of impunity and have restricted victims’ rights to obtain an effective remedy or reparations. 1535 Furthermore, while the offer of amnesties has been credited as an incentive for opposition groups to come to the negotiation table or to complete negotiations, amnesties have also been criticised for their potential to encourage rebellion. A June 2015 survey by the South Sudan Law Society, in partnership with UNDP showed that South Sudanese overwhelmingly support holding 1529 For more in-depth discussion of the Terrain trial, see below (section VIII(D)(8)). See Article 6, Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977. 1531 See Rule 159 of the ICRC customary IHL study: https://ihldatabases.icrc.org/customaryihl/eng/docs/v1_rul_rule159. See also OHCHR Rule of Law Tools for Post-Conflict States: Amnesties, 2009 at: https://www.ohchr.org/Documents/Publications/Amnesties_en.pdf. 1532 See Merits, Reparations and Costs, Massacres of El Mozote and Nearby Places v. El Salvador, Decision of October 25, 2012, Series No. 252, para. 286. 1533 Republican Order No. 14 of 2018, 9 August 2018. 1534 Nyamilepedia, “South Sudan: Salva Kiir Issues An Amnestied Decree In Attempt To Restore Peace!”, 24 February 2015. 1535 For example, in 2016, the President issued three presidential orders granting amnesties to all those who “waged war against the state.” Republican Order No. 18/2016. 1530 193