“The African Union inquiry report reveals the scale and gravity of crimes committed since the conflict erupted in South Sudan. It shows how civilians were left at the mercy of parties in conflict and became targets of atrocities. The AU now bears the responsibility to ensure that those responsible are held accountable, that victims get justice and reparation and that a credible and effective reconciliation process is on track.”
In its report, the Commission of Inquiry reveals how “civilians bore the brunt of the atrocities and [how] the conflict played out primarily amongst the civilian population and civilian targets”. Civilians were targets of murder, torture, cruel, inhumane and other degrading treatment, rape and other sexual and gender-based crimes, forced conscription of children, incitement to violence, looting and destruction of property. The Commission, which gathered evidence in Juba, Bor, Bentiu and Malakal, concluded that most of these violations amounted to war crimes. The report further reveals that atrocities were widespread, carried out systematically across the country and that some of them responded to an organisational policy, both on the part of the government and opposition forces. Such elements constitute reasonable grounds to believe that crimes against humanity were also perpetrated. The report does not come to the conclusion that any crime of genocide was committed but it clearly shows how some crimes were perpetrated along ethnic grounds.
“Victims and witnesses revealed to the Commission the extreme cruelty and brutality of the massive and systematic attacks committed since the eruption of the conflict, including against those who sought refuge in churches, mosques, hospitals and other places of protection. Those who felt confident in narrating the heinous crimes they suffered can not be left today without access to credible remedies.”
The Commission attributes responsibility for such crimes to governmental (and allied) forces and SPLM/IO fighters and indicates that it has “identified possible alleged perpetrators that might bear the greatest responsibility” whose names are compiled in a confidential list transmitted to the African Union. It appears from the Commission’s report that those interrogated during its investigations insisted on the importance of accountability, considering that decades of impunity may have exacerbated recent atrocities. Pointing out the expressed lack of “confidence in national judicial and political system to deliver accountability particularly in relation to top political and military leaders, and the current capacity of the national criminal justice systems” the Commission recommends the creation of an “ad hoc African legal mechanism under the aegis of the African Union […] to bring those who bear the greatest responsibility at the highest level of account” and recommends that such a mechanism includes South Sudanese judges and lawyers. The Commission further recommends the establishment of a Truth and Reconciliation Commission.
“The Commission of Inquiry collected evidence of serious crimes, gathered testimonies from various stakeholders and identified those allegedly responsible. Such information is crucial and should not remain in the AU’s drawers. We expect the suggested accountability mechanisms will constitute the basis of a roadmap towards justice and long lasting peace and security in South Sudan.”
The Commission of Inquiry recommends “that consideration should be given to sequencing of peace and justice with the result that certain aspects of justice allow for the establishment of basic conditions, including restoring stability in South Sudan and strengthening relevant institutions”. While FIDH has insisted on the importance of legal and institutional reforms in South Sudan, our organisation recalls that decades of impunity for past crimes have led to recent crimes thus preventing the country from establishing the rule of law and strengthening state institutions.
«Peace and justice should not be in opposition. Experiences from other countries have showed that justice and reparation for those who have suffered heinous crimes can not be avoided if societies are to reconstruct on the basis of the rule of law and trust amongst citizens.»
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