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VII. Justice and Accountability
Legal Standards Applicable in the Conflict
Under international law, the conflict between South Sudan’s government and the SPLM/Ain-Opposition
(the “opposition”) is a non-international, or internal, armed conflict in which
both parties are bound by international humanitarian law (the laws of war). 194 Government
forces—the Sudan People’s Liberation Army (SPLA) and pro-government militias—and the
opposition forces, the SPLA-in-Opposition and Nuer ethnic armed groups associated with
them are obligated to observe Common Article 3 to the four Geneva Conventions of 1949,
which sets forth minimum standards for the proper treatment of non-combatants, as well
as Additional Protocol II relating to the protection of victims of non-international armed
conflicts. South Sudan became a party to the 1949 Geneva Conventions and the additional
protocols on January 25, 2013.
Other laws that apply during South Sudan’s internal armed conflict are international
human rights law, and South Sudanese law, including the Transitional Constitution of
South Sudan. These laws also prohibit violations of the right to life, torture, arbitrary arrest
and detention. Abuses by the SPLA violate the army’s own legislation, the Sudan People’s
Liberation Army (SPLA) Act of 2009, and the SPLA Code of Conduct.
War Crimes by Both Government and Opposition Forces in the Conflict
A key principle under international humanitarian law is that forces must distinguish
between civilians, or those no longer taking active part in hostilities, and combatants.
Serious violations of the laws of wars with criminal intent, acts such as purposefully
making civilians the target of attacks as well as murder, cruel treatment and torture may all
constitute war crimes, and serious violations of human rights law that should be
prosecuted. 195 Customary international humanitarian law also prohibits attacks directed
194 A non-international armed conflict is one in which there are sustained hostilities between at least two recognizable
parties at least one of which is a non-government armed group. The non-government armed group or groups should have
sufficient command and control structures and be capable of conducting sustained operations. Additional Protocol II of the
Geneva Conventions applies specifically to non-international armed conflicts, “which take place in the territory of a High
Contracting Party between its armed forces and dissident armed forces or other organized armed groups which, under
responsible command, exercise such control over a part of its territory as to enable them to carry out sustained and
concerted military operations and to implement this Protocol" (see art.1 para.1).
195 Article 13(2) of Additional Protocol II prohibits making the civilian population the object of attack. Article 8(2)(e)(i) of the
Statute of the International Criminal Court provides that “intentionally directing attacks against the civilian population as
such or against individual civilians not taking direct part in hostilities” constitutes a war crime in non-international armed
81 HUMAN RIGHTS WATCH | AUGUST 2014