A/HRC/45/CRP.3 order to generate money to purchase their own food and support their families, many of the displaced women in Lokoloko were forced to collect firewood and grass which they sold near the entrance of the settlement.159 87. Underscoring the level of pillage of foodstuffs that occurred in Tagoti Vimoi village, one resident displaced to Lokoloko told the Commission, “Even here at Lokoloko in Wau, we regularly see Government military vehicles coming from the direction of Tagoti Vimoi and Baggari, laden with sacks of food items, including sweet potatoes and grain. Where do they get these food items from? Do the soldiers cultivate and harvest these crops? Do they have farms?”160 7. Violations and alleged crimes: findings 88. The Commission has reasonable grounds to believe that Government forces systematically attacked, pillaged, destroyed, and rendered useless objects indispensable to the survival of the population in Western Bahr el Ghazal. Denying access to food was used as an instrument to target and punish communities perceived to be non-aligned and supportive of the SPLA-IO (RM) forces (i.e., the Fertit and Luo communities), while rewarding Government soldiers by allowing them to retain provisions stolen and looted from these communities. 89. Specifically, these acts were contrary to Article 14 of Additional Protocol II which prohibits the starvation of civilians as a method of combat, Article 18 which guarantees civilians access to humanitarian relief, and could constitute crimes under Article 8(2)(e)(xix) of the Rome Statute of the International Criminal Court which now includes as a war crime in non-international armed conflict intentionally using starvation of civilians as a method of warfare.161 Although South Sudan is not party to the Rome Statute, war crimes could still be prosecuted through a Security Council referral, or in those States which already include a similar war crime of starvation in their national criminal law. 90. These acts were further contrary to Article 25 of the Universal Declaration of Human Rights which guarantees a right to food as part of an adequate standard of living. While there is no express provision in the African Charter on Human and Peoples’ Rights which guarantees the right to food, the African Commission on Human and Peoples’ Rights has stated that the “Right to food is implicitly protected under the African Charter on Human and Peoples’ Rights through the right to life, the right to health, and the right to economic, social and cultural development”.162 91. At the national level, the right to food may be construed by Articles 9(3) and 11 of the Constitution which guarantee both the domestic application of international human rights instruments to which South Sudan is a state party and the right to life and human dignity. 92. Based on the evidence in its possession, the Commission concludes that sufficient evidence exists to hold members of Government forces accountable under international and national laws for the crime of starvation of civilians used as a method of warfare by depriving them of objects indispensable to their survival. 93. The Commission also finds reasonable grounds to believe that these violations formed part of a widespread or systematic attack directed against the civilian population ERN 101870 – 101875, para. 13. ERN 101870 – 101875, para. 11. 161 Rome Statute, Art. 8(2)(e)xix: Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies. 162 155/96: Social and Economic Rights Action Center (SERAC) and Center for Economic and Social Rights (CESR) / Nigeria, paras. 64-65 159 160 23