A/HRC/45/CRP.3 multigenerational, as maternal undernutrition can restrict foetal growth and preterm birth, increasing the risk of both maternal and infant mortality290 (see Annex VIII). 143. The Commission notes that South Sudan is obligated under the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) to ensure access to health services for all women, including reproductive health. 291 Women and girls across South Sudan, however, continue to be affected disproportionately by the lack of access to health care. This is even more critical given the high level of gender and sexual violence and the high mortality rate associated with pregnancy and birth in the country. X. Conclusions 144. On the basis of its findings, the Commission has reasonable grounds to believe that, between January 2017 and November 2018, Government forces of South Sudan intentionally deprived the Fertit and Luo communities living under opposition control of critical resources, thereby violating the rule which protects civilians from starvation, and the rule prohibiting collective punishment. This conduct also destroyed the social fabric and livelihoods of these communities. Through brutal campaigns that were directed primarily against civilians residing in Wadhalelo payam, Mboro town, Ngozili, and Ngo Pere, Ngoko, and Tagoti Vimoi villages, SPLA commanders also authorised their soldiers to reward themselves by pillaging objects indispensable to the survival of these rural populations. 145. The Commission also has reasonable grounds to believe that Government forces systematically attacked, pillaged, destroyed, and rendered useless objects indispensable to the survival of the civilian population in Western Bahr el Ghazal. Denying access to food was used as an instrument to target and punish communities perceived to be non-supportive or supportive of the SPLA-IO (RM) forces (i.e., the Fertit and Luo communities). Government soldiers were rewarded by being allowed to retain provisions stolen and looted from these communities. The Commission also finds reasonable grounds to believe that these violations formed part of a widespread or systematic attack directed against the civilian population in Western Bahr el Ghazal State. The resultant physical and food insecurity left civilians with no alternative and compelled them to flee to safety elsewhere. These crimes may amount to the crime against humanity of deportation or forcible transfer under Article 3(d) of the Draft Statute of the Hybrid Court for South Sudan, and persecution along political and/or ethnic grounds under Article 3(h) of the Draft Statute of the Hybrid Court for South Sudan. 146. The Commission further has reasonable grounds to believe that Government forces deliberately and systematically attacked, destroyed, and rendered useless objects indispensable to the survival of the civilian population in Jonglei State. The denial of access to food and essential services was used as an instrument to target and punish non-aligned communities and in particular those deemed to support the SPLA-IO (RM) forces. 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 intentionally using starvation of civilians 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 290 Population, food security, nutrition and sustainable development, Report of the Secretary-General, E/CN.9/2020/2, 16 January 2020, at para. 27. 291 Convention on the Elimination of All Forms of Discrimination against Women, New York, 18 December 1979, at Art. 12. 36

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