A/HRC/34/63
interviews with South Sudanese victims across the country, and United Nations,
African Union and other officials in the region.
85.
Reports indicate that these violations have mainly been committed by
government soldiers, members of the National Security Service, police officers and
militias aligned with SPLA. Human rights violations and abuses have also been
committed by SPLM/A in Opposition and militia groups aligned with them, albeit on
a smaller scale.
86.
The Commission deems the continued restrictions and impediments on access
to vulnerable populations placed on the United Nations and humanitarian agencies
operating in South Sudan unlawful. The “scorched earth” policy may amount to
starvation, which is prohibited by international law as a method of warfare, as is
denying civilians safe passage from besieged areas. The civilian population is not
provided with adequate food or access to health care, and their right to life is often
threatened or breached by all parties to the conflict throughout the country.
Moreover, the special duty of care for the well-being of children continues to be
breached.
87.
The continued denial of access by the Government of South Sudan to UNMISS
and associated United Nations agencies to conflict-affected areas also has a negative
impact on the mandate of the United Nations to monitor and report on human rights
violations and abuses.
88.
The conflict in South Sudan has resulted in an extremely large number of cases
of conflict-related sexual violence. Impunity for conflict-related sexual violence has
become entrenched, and is a direct consequence of the failure of the Government to
take action against perpetrators of such violations, and to hold their commanders and
superiors to account.
89.
The magnitude and intensity of the non-international armed conflict, the
precarious economic situation, the deliberate denial of humanitarian assistance, and
the indiscriminate shelling and targeting of communities based on their ethnicity all
attest to the gravity of the situation in South Sudan. The international community,
including IGAD, the African Union and the United Nations, should act with utmost
urgency to maintain the pressure on the Government of South Sudan and non-State
actors to end the conflict immediately. Unless impunity is addressed and perpetrators
of serious violations are brought to account, the viability of South Sudan as a new
nation State will be stymied, if it has not been already. The President’s offers of
amnesty to those who continue to perpetrate the most egregious violations in South
Sudan are a clear breach of the State’s obligations under international law.
90.
While the civilian and military justice systems do not have the capacity to
address accountability for these violations and crimes in a manner consistent with due
process and other international norms, or within a reasonable time frame after their
commission, lack of capacity does not exonerate the Government of South Sudan of its
primary responsibility for addressing such crimes and for promoting accountability.
While national capacity-building should be a long-term goal, the current national
system cannot be counted on to provide meaningful accountability for serious
international (or national) crimes, even if committed by senior political, governmental
and military leaders.
91.
The Commission regrets the absence of political will, particularly on the part of
the Government, to implement the Agreement on the Resolution of the Conflict in the
Republic of South Sudan, and the disinterest of political leaders with regard to the
plight of their people. On 7 February 2017, the Special Adviser on the Prevention of
Genocide condemned President Kiir’s lack of commitment to the peace process and to
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