A/HRC/31/49
razing of entire villages and the pillaging and destruction of resources, constitutes
deliberate deprivation of the means indispensable to the survival of the civilian population.
Such conduct is a violation of international human rights law, namely the right to life and
the right to adequate food.22 It is also prohibited by article 14 of Additional Protocol II.
IV. Looking ahead: the road to accountability
53.
States have an obligation to investigate promptly, thoroughly, independently and
impartially any allegations of human rights violations or abuses, to prosecute those
responsible, and to ensure that victims have access to an adequate and effective remedy for
such violations and guarantees of non-recurrence.23
54.
Over the course of the conflict in South Sudan, both sides have made repeated
commitments to protect civilians, to end the violence and to punish perpetrators. On 24
January 2014, the Head of State announced, by presidential order, the establishment of an
investigation committee to investigate human rights abuses committed by both parties to
the conflict. While government officials have repeated promises that the committee would
submit a report on its findings to the United Nations, no report has yet been released.
55.
Despite the repeated commitments to end violence, to protect civilians and to punish
perpetrators, to date there has been any evidence or public information available of any
genuine effort by the Government to investigate, prosecute and punish violations and
abuses, some of which amount to international crimes.
56.
On 19 August 2015, the parties to the conflict, under the stewardship of the
Intergovernmental Authority on Development, signed the Agreement on the Resolution of
the Conflict in the Republic of South Sudan, establishing a transitional Government of
national unity. The section of the Agreement dedicated to “transitional justice,
accountability, reconciliation and healing”, contains provisions for the establishment of
three transitional justice bodies to “independently promote the common objective of
facilitating truth, reconciliation and healing, compensation and reparation”; a commission
for truth, reconciliation and healing; an independent hybrid court; and the Compensation
and Reparation Authority. The Agreement commits the transitional Government to
cooperate fully with and to seek the assistance of the African Union, the United Nations
and the African Commission on Human and Peoples’ Rights in the design, implementation
and facilitation of the work of the agreed transitional justice mechanisms provided for in
the Agreement.
57.
For a truth-seeking mechanism to be effective, political will is needed to allow and
to support actively an inquiry into past violations and abuses; furthermore, victims and
witnesses must be interested and have confidence in the process, without fear of
cooperating. Genuine, broad-based consultations and a needs assessment should be
conducted to inform efforts to achieve truth, reparations, reconciliation and guarantees of
non-recurrence.
22
23
catastrophe in South Sudan”, press release, 22 October 2015.
International Covenant on Economic, Social and Cultural Rights, art. 11. See also the Convention on
the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of
the Child.
See International Covenant on Civil and Political Rights and the Basic Principles and Guidelines on
the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights
Law and Serious Violations of International Humanitarian Law.
11
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