A/HRC/31/49
II. Context and recent developments
8.
Since the outbreak of the crisis in December 2013, the situation of human rights has
deteriorated dramatically. All parties to the conflict have perpetrated gross violations and
abuses of international human rights and serious violations of international humanitarian
law, including attacks against civilians, rape and acts of sexual violence, arbitrary arrest and
detention, abduction and attacks on journalists, United Nations personnel and peacekeeping
facilities. Many civilians have been attacked and killed in their homes, and also in places of
shelter, including churches, mosques, hospitals and medical facilities, and in United
Nations bases. Thousands have been killed; more than 2 million South Sudanese have been
displaced from their homes, more than 1.5 million of them within the country, and many
have sought refuge on the premises of United Nations bases.
9.
In May 2014, the Secretary-General advised the Security Council that there were
reasonable grounds to believe that crimes against humanity had been committed in South
Sudan. The Africa Union commission of inquiry reached the same conclusion in its report.
10.
In August 2015, the parties to the conflict signed a peace agreement intended to halt
the fighting, and put in place processes for establishing a transitional Government of
national unity. The agreement provided for the establishment of a hybrid tribunal, under the
auspices of the African Union, with the authority to prosecute genocide, war crimes, crimes
against humanity and other serious crimes. It also required that the future transitional
Government create, within six months, a truth and reconciliation commission to establish a
record of violations of human rights perpetrated since the start of the conflict, and a
compensation and reparations authority. As at February 2016, the transitional Government
had not yet been established.
III. Overview of alleged violations and abuses of human rights
and violations of international humanitarian law
A.
Background
11.
The killings, sexual violence, displacement, destruction and looting that
characterized the conflict in continued unabated through 2015. In 2015, while all parties to
the conflict continued to commit serious violations and abuses, the Government appears to
have been responsible for gross and systematic human rights violations. One major
development was the outbreak of conflict in the Equatorias, where the Government strove
to suppress the armed “opposition”. Over the same period, acts of intimidation by the State
security apparatus against the media and civil society entities increased.
B.
Main findings
12.
The main findings made by the assessment team were based on the information it
collected, including satellite imagery provided by the Operational Satellite Applications
Programme (UNOSAT). Given the scope of the allegations and their gravity, consistency,
recurrence throughout the period under review, and the similarities in their modus operandi,
the team found reasonable grounds to believe that gross violations and abuses of
international human rights, serious violations of international humanitarian law and other
international crimes had been committed during 2015. If established before a court of law,
these allegations may, depending on the circumstances, constitute war crimes and/or crimes
against humanity.
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