A/HRC/45/CRP.3
121. By late January 2020, levels of severe acute malnutrition had arisen among
children, parturient mothers, and lactating mothers in Pibor,252 increasing the
susceptibility to infant mortality. Also by late January 2020, numerous communities
throughout Pibor town lost their homes due to the flooding and were living outdoors under
trees.253 As farmers ceased cultivating due to the floods,254 the prices of food products
including basic commodities skyrocketed in the Pibor market due both to their
unavailability within Pibor, and because the transportation of vital foodstuffs from Juba
was only possible by air.255 One kilogram of sugar in Pibor town now costs 1,000 SSP,
compared with 300 SSP prior to the flooding.256 One kilogram of beans is now 1,500 SSP
compared to 500 SSP before, while a small cup of tea has tripled in price to 300 SSP from
100 SSP.257 There is, moreover, a severe shortage of oil, flour, sugar, and salt.258As
described by one man, “The whole community including the youth are starving”. 259 In
late January 2020, a mother similarly complained, “I am starving now with five children
because there is no food in Pibor”.260 Compounding civilian suffering, nearly 25 per cent
of livestock in Jonglei State are estimated to be affected by the floods (Annex V).261
122. The flooding has also damaged water points essential for the survival of civilians
throughout Pibor County.262 The lack of potable water throughout the County has driven
residents to drink water directly from the Pibor River,263 increasing their susceptibility to
communicable disease. Moreover, in Pibor town, floodwaters contain the floating corpses
of bloated dogs.264 The most prevalent communicable diseases currently affecting
residents in Pibor include malaria, pneumonia, typhoid, and tuberculosis.265
6.
Violations and alleged crimes: findings
123. The Commission has reasonable grounds to believe that Government forces
deliberately and systematically attacked, destroyed, and rendered useless objects
indispensable to the survival of the civilian population in Jonglei State. The denial of
access to food and essential services was used as an instrument to target and punish nonaligning communities and in particular those deemed to support the SPLA-IO (RM)
forces.
124. Under international law, deliberately impeding the passage of humanitarian aid or
diverting such aid may amount to a war crime or, depending on circumstances, a crime
against humanity. Based on the evidence in its possession, the Commission has
reasonable grounds to believe that access restrictions and denials followed a consistent
pattern whereby civilians were deliberately denied humanitarian aid in Jonglei State,
amounting to the war crime of making persons or objects involved in humanitarian
assistance the object of attack, and using the starvation of civilians as a method of warfare
ERN 103643 – 103647, para. 7.
ERN 103653 – 103658, para. 12; ERN 103648 – 103652, para. 5.
254
ERN 103643 – 103647, para. 7; ERN 103663 – 103667, para. 2.
255 ERN 103663 – 103667, para. 3; ERN 103663 – 103667, para. 5.
256 ERN 103653 – 103658, para. 12; ERN 103626 – 103629, para. 4. Cf. ERN 103648 – 103652, para. 12; ERN 103663 –
103667, para. 4; ERN 103635 – 103638, paras. 6-7.
257 ERN 103653 – 103658, para. 12.
258 ERN 103663 – 103667, para. 2.
259 ERN 103653 – 103658, para. 12.
260 ERN 103630 – 103634, para. 9.
261 ERN 103648 – 103652, para. 5; ERN 103648 – 103652, para. 12.
262 ERN 103648 – 103652, para. 5.
263 ERN 103626 – 103629, para. 7; ERN 103620 – 103625, para. 13.
264 From one crisis to another, UNITED NATIONS CHILDREN’S FUND, 15 November 2019, available at
https://www.unicef.org/stories/south-sudan-one-crisis-another.
265 ERN 103648 – 103652, para. 9; ERN 103626 – 103629, para. 6.
252
253
31
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