A/HRC/38/31 100. The team of international experts has reasonable grounds to believe that, as from August 2016 and during the period covered by this report, there was an armed conflict not of an international character in Kasaï between FARDC and the Kamuina Nsapu militia. In order to establish the existence of such a conflict, two criteria must be met: a minimum level of organization of the parties to the conflict and a certain intensity of violence. 101. The facts presented in this report lead to the conclusion that the Kamuina Nsapu militia is an armed group with a sufficient level of organization to conduct a protracted armed conflict, as demonstrated for example by the existence of chains of command, a concrete strategy, the ability to recruit and train combatants, the existence and enforcement of disciplinary sanctions to ensure compliance with orders and the ability to plan and launch coordinated and large-scale military operations. 102. The facts also show that the intensity of the violence, including the number, duration, frequency and severity of the armed confrontations and their spread through four provinces over a prolonged period, far exceeded that associated with mere situations of internal unrest or tension. The number of victims and displaced persons fleeing the fighting, the scale and extent of the destruction across four provinces, the type and numbers of the government forces involved and the establishment of a military operations sector to deal with the situation also support this conclusion. 103. Many of the acts described above were committed by FARDC and the Kamuina Nsapu militia against persons taking no active part in the hostilities, or in violation of the laws and customs applicable to armed conflict, in cases of armed conflict not of an international character. They thus constituted war crimes. These crimes include murder, mutilation, rape or any other form of sexual violence of comparable gravity, looting, intentionally directing attacks against the civilian population as such or against civilians taking no active part in hostilities, intentionally directing attacks against religious buildings, schools and hospitals that are not military objectives, and conscripting or enlisting children under the age of 15 into armed groups and forcing them to play an active part in hostilities. C. Human rights violations 104. The facts presented in this report lead to the conclusion that the following human rights in particular have been violated: the right to life, the right to physical and mental integrity, the right to liberty and security of person and the right to freedom of movement. The cases of enslavement and the recruitment and use of child soldiers that have been observed also constitute human rights violations. These violations have had a direct impact on the enjoyment of economic, social and cultural rights by the people of Kasaï. X. Conclusions and recommendations A. Conclusions 105. The team of international experts is appalled by the dire human rights situation prevailing in the Kasaï region since 2016. It is particularly concerned about the widespread nature of the violence that its investigations have revealed. This report relates only to a small number of the acts and crimes committed. Although the team is not able to give an exact number of victims, it estimates that several thousand people have lost their lives during the crisis. The team is also concerned about the low level of attention that this tragedy has been given. 106. The team confirms that the defence and security forces, the Kamuina Nsapu militia and the Bana Mura militias have deliberately killed civilians, including many children. They have committed numerous atrocities, including mutilation, rape and other forms of sexual violence, and destroyed entire villages. The team believes some of the abuses committed by the defence and security forces, the Kamuina Nsapu militia and the Bana Mura militia constitute crimes against humanity and war crimes, as well as violations and abuses of human rights. GE.18-10936 17