A/HRC/45/CRP.3 by depriving them of objects indispensable to their survival, including by impeding relief supplies. 125. The actions taken by the Government forces were also contrary to customary international humanitarian law which requires parties to the conflict to “allow and facilitate rapid and unimpeded passage of humanitarian relief for civilians in need, which is impartial in character and conducted without any adverse distinction, subject to their right of control.”266 All parties to an armed conflict are under a legal obligation to allow and facilitate the unimpeded passage of humanitarian aid.267 126. Article 18(2) of Additional Protocol II, applicable in the South Sudan context, provides that “If the civilian population is suffering undue hardship owing to a lack of the supplies essential for its survival, such as foodstuffs and medical supplies, relief actions for the civilian population which are of an exclusively humanitarian and impartial nature and which are conducted without any adverse distinction shall be undertaken subject to the consent of the High Contracting Party concerned”.268 This consent must not be arbitrarily withheld. 127. Based on the information collected, the Commission has reasonable grounds to believe that sufficient evidence exists to hold to account members of Government forces under international and national laws who have pursued policies and actions amounting to starvation as a method of warfare in Jonglei State. In addition, there are commanders who could be held accountable under international law for failing to prevent or punish the international crime of starvation of the civilian population as a method of warfare. VII. Non-State armed groups 128. The Commission underscores that both Government and SLPA-IO (RM) forces have deliberately and intentionally interfered with the capability of international humanitarian aid organisations to deliver vital foodstuffs to communities in need, including through the arbitrary detention of humanitarian aid workers. Across South Sudan, at least 117 humanitarian actors were detained for prolonged periods in 2018.269 Two such incidents occurred in Central Equatoria in March and April 2018, both involving SPLA-IO (RM) forces. In March 2018, a humanitarian convoy of three vehicles was stopped and seven aid workers detained for almost three weeks.270 The following month, another convoy involving four non-governmental organisations and two United Nations agencies was intercepted on the Yei-Tore road and 10 humanitarian aid workers were detained by SPLA-IO (RM) forces for six days.271 In both instances, the convoys had obtained relevant clearances from both the SPLA and the SPLA-IO prior to travel, though were detained by SPLA-IO (RM) forces who accused them of spying for or collaborating with the Government. 129. Throughout 2018, at least 15 humanitarian aid workers were also killed while delivering assistance, including by non-State armed groups, adding to the totality of deaths of around 97 aid workers since the onset of conflict in December 2013. Moreover, 266 ICRC Rule 55. See also paras. 90-91, supra. 268 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of NonInternational Armed Conflicts (Protocol II), 8 June 1977, at Art. 18(2). 269 South Sudan: Annual Humanitarian Access Review (January - December 2018), UNITED NATIONS OFFICE FOR THE COORDINATION OF HUMANITARIAN AFFAIRS (OCHA), 25 FEBRUARY 2019, available at https://reliefweb.int/report/southsudan/south-sudan-annual-humanitarian-access-review-january-december-2018. 270 Confidential Document, ERN D113581 – D113586. 271 Confidential Document, ERN D113587 – D113589. 267 32