A/HRC/43/56 different parts of the country, depriving hundreds of thousands of civilians of vital needs, including access to food.72 71. On the basis of the information collected, the Commission concludes that incontrovertible and sufficient evidence exists to hold to account individuals both in the Government and in the armed opposition under international and national laws who have pursued policies leading to starvation of the population, including under article 8 (2)(e)(xix) of the Rome Statute of the International Criminal Court, which now includes the intentional use of starvation of civilians as a method of warfare as a war crime in non-international armed conflict (see annex II, paras. 37–47).73 IX. Sexual and gender-based violence 72. Sexual and gender-based violence, including conflict-related sexual violence, continued to be widespread and pervasive in South Sudan, characterized by a recognizable pattern of terror and subjugation. During the period under review, violations documented by the Commission included rape and gang rape, sexual mutilation, forced marriage, abduction and sexualized torture.74 Children, including young girls, were also victims of sexual exploitation (annex II, paras. 1–12).75 73. Incidents of sexual and gender-based violence arising from localized conflict included rape and gang rape, forced nudity, abduction, sexualized torture and forced marriage. 76 Evidence collected by the Commission confirmed that cattle keepers and young men were the main perpetrators of sexual violence in the context of localized conflict , some of whom belonged to organized militias operating under the command and control of both government and opposition forces.77 Local authorities have neither investigated nor prosecuted any cases reported (see annex II, paras. 1–12). X. Continued denial of fundamental rights and freedoms 74. Arbitrary arrests and detentions, and other restrictions on the freedoms of expression, opinion and assembly, continued to characterize life in South Sudan (annex II, paras. 71–86). The Commission was informed in a confidential meeting on 21 August 2019 that civic and political space was severely restricted in the form of censorship and self-censorship, which constrained activists, journalists, human rights defenders, political dissidents and ordinary citizens from expressing their views publicly or organizing themselves. 75. Moreover, civilians in Western Bahr el Ghazal, Unity and Central Equatoria witnessed persistent fighting, with upsurges in April, June and August 2019 marked by an increase in the scale and severity of violations, including abductions and enforced disappearances (see annex II, paras. 71–86). Witnesses indicated that disappearances were characterized by prior inter-ethnic conflict and the presence of armed groups in these regions. XI. Conclusions 76. On the basis of its findings, the Commission has reasonable grounds to believe that members of the Government of South Sudan engaged in acts amounting to economic crimes, including tax evasion, money laundering, bribery, using one’s position to influence decisions in the allocation of State resources, and using public 72 73 74 75 76 77 See conference room paper A/HRC/43/CRP.1, available on the webpage of the Commission at www.ohchr.org/EN/HRBodies/HRC/CoHSouthSudan/Pages/Index.aspx. Ibid. ERN 103469 – 103474; ERN 102632 - 102652. ERN 102991 – 102995. ERN 102664 – 102670; ERN 102660 – 102663; ERN 102627 – 102631; ERN 102680 – 102688; ERN 102609 – 102617; ERN 102632 – 102652. ERN 102680 – 102688; ERN 102632 – 102652; ERN 102653 – 102659 17