A/HRC/34/63
79.
Recent statements by the Government of South Sudan suggest that it is prioritizing
peace over efforts to bring to justice those responsible for human rights violations and
abuses in South Sudan. It appears to present justice and reconciliation as competing
objectives in the process of building sustainable peace, arguing that the immediate end to
this violent conflict should take precedence over accountability for serious crimes, while
those in favour of justice argue that ending impunity for human rights violations is crucial
for future deterrence.
80.
The emphasis on peace first has failed to deliver the “just” peace for which so many
South Sudanese citizens yearn. The delay of the African Union in establishing the hybrid
court for South Sudan has led many to question whether these serious crimes and gross
human rights violations and abuses would ever be prosecuted. As experiences in many
States in transition have demonstrated, peace and reconciliation can never be achieved
without truth and justice. Any notion that peace comes first before justice is to ignore the
way they are linked. Too many of those who say “justice should come later” really mean
“justice should never come at all”, hoping that the passage of time leads to the elimination
and degradation of evidence, and that international attention will turn elsewhere.
VI. Conclusion and recommendations
A.
Conclusions
81.
Since the outbreak of violence in July 2016, there has been a massive increase
in gross human rights violations and abuses. Intense fighting and violence on a larger
scale continued in February 2017, drawing renewed condemnation from the Security
Council on 10 February and yet another call for those responsible to be held
accountable. The conduct of the Government of South Sudan and of other parties to
the conflict suggests the deliberate targeting of civilian populations on the basis of
their ethnic identity by means of killings, abductions, unlawful detentions or
deprivation of liberty, rape and sexual violence, and the burning of villages and
looting.
82.
Following its two missions to South Sudan, the Commission warned that a
process of ethnic cleansing was under way in the country. The Special Adviser on the
Prevention of Genocide also warned that the indicators for genocide were in place, a
warning he renewed on 7 February 2017. Warning signs and enablers for genocide
and ethnic cleansing include the cover of an ongoing conflict to act as a “smoke
screen”, several low-level and isolated acts of violence to start the process, the
dehumanization of others through hate speech, economic volatility and instability,
deliberate starvation, the bombardment of and attacks against civilians, forced
displacement and the burning of villages. The targeting of civilians on the basis of
their ethnic identity is unacceptable and amounts to ethnic cleansing.
83.
United Nations reports indicate that both government forces and non-State
armed groups in South Sudan fail completely to uphold the principle of distinction
between combatants, non-combatants and civilians.
84.
An abundance of reports prepared by the United Nations, the African Union
and non-governmental organizations about the situation of human rights in South
Sudan since December 2013 have documented credible allegations of widespread
human rights violations and abuses, which if established before a court of law, may
(depending on the circumstances) amount to war crimes. These reports and
assessments are consistent and resonate with the Commission’s findings based on
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