A/HRC/43/56 65. While the Revitalized Agreement on the Resolution of the Conflict in South Sudan focuses largely on conflict resolution at the national level, parallel efforts were made by local actors to quell violence at the subnational level (see annex II, paras. 13–36). The Commission notes with concern that, while parallel measures aimed at reducing violence at the local level continued to serve as a welcome development, such measures did not link up to the national level and the national Government did not meaningfully engage in them. Violations and alleged crimes: findings 66. Although localized conflict is often characterized as traditional ethnic clashes over cattle or criminality involving private citizens, militias benefited from personnel and arms, including military grade weapons supplied by parties to the conflict. Violence against civilians perpetrated by members of both government forces and armed opposition groups violated article 3 of the Geneva Conventions and provisions of Additional Protocol II, as well as customary international law, and constituted war crimes, including murder, pillage, destruction of property and sexual violence.66 67. Gross human rights violations and abuses and serious violations of international humanitarian law have been committed in the context of localized conflict, often with the participation of armed militias affiliated with the SSPDF and SPLA-IO (RM). Direct violations against civilians included abductions, forced recruitment, including of children, murder, sexual violence, ill-treatment, abduction, looting and the destruction of property, crops and other means of livelihood, apparently to acquire wealth or cattle (see annex I, map 2). Many of these attacks revealed a shocking disregard for civilian life. 68. Incidents of violence further violated the right to life and property ownership as guaranteed in articles 4 and 14 of the African Charter on Human and Peoples’ Rights. They also violated the Transitional Constitution, notably the right to life, freedom from inhuman and degrading treatment and the right to property ownership, in addition to the Penal Code of 2008 and sections 57 and 206 of the Sudan People’s Liberation Army Act, which prohibit the destruction and plunder of property. The Commission has reasonable grounds to believe that these acts may amount to war crimes67 and other serious crimes under international law,68 which are criminalized under the draft statute of the hybrid court for South Sudan. VIII. Starvation 69. During the period under review, some 6.35 million individuals, accounting for 54 per cent of the population, were classified as “in crisis” or, even worse, “in acute food insecurity” (see also annex II, paras. 37–47).69 The Greater Upper Nile region is currently the most food insecure, followed by the Bahr el Ghazal region. 70 In 2019, the Human Development Index, which measures basic dimensions of human development, ranked South Sudan as the third worst nation State – 186th out of 189 countries – in which to reside.71 70. The Commission notes with grave concern that, beyond climate-induced factors, both government forces and armed groups have pursued policies responsible for the starvation of the population in Wau and Unity States . Such policies were envisaged and implemented as part of a wider strategy to deprive enemy communities of resources and thus force their capitulation, allow soldiers and militias to reward themselves, forcibly displace communities from ancestral lands that could then be expropriated or simply to compel individuals to join different factions engaged in the conflict. The denial of humanitarian access and displacement brought about by unlawful tactics have significantly exacerbated famine in 66 67 68 69 70 71 16 International Committee of the Red Cross, rule 156. Under article 4 (a), (b), (e) and (h) of the draft statute. Under article 5 (a)-(c) of the draft statute. www.fao.org/in-action/kore/news-and-events/news-details/en/c/1208338. See www.fao.org/south-sudan/news/detail-events/en/c/1207694. http://hdr.undp.org/en/countries/profiles/SSD.

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