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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