A/HRC/43/56
Annex III
Applicable law
1.
The Commission conducted its work within the frameworks of international human
rights law, international humanitarian law, international criminal law and the domestic law
of South Sudan. The Commission’s Report of 2018 set out in detail the law applicable to
South Sudan (A/HRC/37/CRP.2, paras. 98-163).
2.
South Sudan is party to range of international and regional human rights instruments
which reaffirm its obligations to protect fundamental rights and freedoms. It has ratified the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment and its Optional Protocol; the Convention on the Elimination of All Forms of
Discrimination against Women and its Optional Protocol; and the Convention on the Rights
of the Child and two of the Optional Protocols – on the involvement of children in armed
conflict and on the sale of children, child prostitution and child pornography. South Sudan
has also acceded to the United Nations Convention against Corruption and is party to the
1951 Refugee Convention and its 1967 Protocol. While the South Sudan Transitional
National Legislative Assembly ratified in July 2019 the International Covenant on Civil and
Political Rights, International Covenant on Economic, Social and Cultural Rights and their
First Optional Protocols respectively, the Government has not yet transmitted the instruments
of accession to the United Nations, and, therefore, South Sudan is not yet a party to these
four treaties. The Commission encourages the Government of South Sudan to send the
necessary instruments of accession without delay.
3.
South Sudan is also a party to the African Charter on Human and Peoples’ Rights and
its Protocol on the Rights of Women in Africa, the Organization of African Unity Convention
Governing the Specific Aspects of Refugee Problems in Africa, as well as to the African
Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa
(Kampala Convention). The Government of South Sudan has signed but not ratified the
African Charter on the Rights and Welfare of the Child and the African Union Convention
on Preventing and Combating Corruption.
4.
A non-international armed conflict began in South Sudan on 15 December 2013.
Consequently, parties to the conflict, and new conflicts that have arisen since then, are bound
by Article 3 common to the four Geneva Conventions of 12 August 1949 and their Additional
Protocols II and III (South Sudan is a party to all four Geneva Conventions and all three
Additional Protocols) and by relevant customary international humanitarian law. Despite the
signing of a permanent ceasefire (2017) and subsequent peace agreement (2018), the
Commission assesses that hostilities have persisted to the extent that both international
humanitarian law and international human rights law continued to apply throughout the
reporting period.
A.
Recruitment and the use of children in armed conflict
5.
The Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict sets 18 years as the minimum age for direct
participation in hostilities, and for recruitment into armed groups. The recruitment and use
of children in conflict is also contrary to section 22(2) of the SPLA Act (2009) and Article
31 of the Child Act (2008).270
6.
The present report applies the definition of “children” in accordance with the
Convention on the Rights of the Child (hereafter, “the CRC”) to which the Republic of South
270
During her visit to Addis Ababa on 10 May 2014, the Special Representative for Children and
Armed Conflict had signed a commitment agreement with Riek Machar to end grave violations
against and provide assistance to children, and to appoint a high-level focal point, Report of the
Secretary-General on children and armed conflict in South Sudan, S/2014/884, 11 December 2014, at
p. 15.
46
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents