A/HRC/43/56 in funding the armed conflict, and that corruption and embezzlement by senior government officials came at the expense of the starving population. 44. Specifically, these acts were contrary to Article 14 of the Additional Protocol II which prohibits the starvation of civilians as a method of welfare, Article 18 which guarantees access to humanitarian relief to civilians, and 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. 207 Although South Sudan is not party to the Rome Statute, the war crime could still be prosecuted through a Security Council referral or in states which already include a similar war crime of starvation in their national criminal law. 45. 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”.208 46. 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. The interdependence, indivisibility and interrelated nature of all human rights form another basis of the recognition of the right to food. 47. Based on the information collected, the Commission concludes that incontrovertible and sufficient evidence exists to hold to account individuals both in government and on the armed opposition under international and national laws that have pursued policies leading to starvation of the population. IV. Sexual and gender-based violence 48. Sexual and gender-based violence, including conflict related sexual violence 209 continued to be widespread and pervasive in South Sudan, characterised by a recognizable pattern of terror and subjugation. During the period under review, violations documented by the Commission included rape and gang rape, sexual mutilation, forced marriage, abduction and sexualised torture.210 Children including young girls were also victims of sexual exploitation.211 49. The current environment in South Sudan remains insecure and often deadly for South Sudanese women and girls as bodily integrity cannot be guaranteed. The DDR of various forces including members of armed groups exacerbated insecurity for women and girls, as the inadequate nature of cantonment and uncertainty over livelihoods for cantoned soldiers 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’. 208 155/96: Social and Economic Rights Action Center (SERAC) and Center for Economic and Social Rights (CESR) / Nigeria, para. 65 209 “Conflict-related sexual violence refers to incidents or patterns (for the purposes of listing in accordance with Security Council resolution 1960 (2010)) of sexual violence, that is rape, sexual slavery, forced prostitution, forced pregnancy, enforced sterilization or any other form of sexual violence of comparable gravity against women, men or children. Such incidents or patterns occur in conflict or post-conflict settings or other situations of concern (e.g. political strife).” See 66/657– S/2012/33, para. 3. “Gender-based violence is considered to be any harmful act directed against individuals or groups of individuals on the basis of their gender. Gender-based violence may include sexual violence, domestic violence, trafficking, forced/early marriage and harmful traditional practices.” See A/HRC/27/21, para. 3 (internal citation omitted). 210 ERN 103469 - 103474; ERN 102632 - 102652. 211 ERN 102991 - 102995 207 36