In early August, 2018, President Kiir and rebel leader Riek Machar began peace talks with a permanent ceasefire and a power sharing arrangement. By the end of the month, two rounds of negotiations had concluded and a finalized peace deal was produced. South Sudanese Foreign Minister, Al-Dierdiry Ahmed, reported that “the final signing of the peace deal will happen at a summit of IGAD.” The Intergovernmental Authority on Development (IGAD) is an African bloc organization who facilitated many of the peace talks. With a final signature promised at the summit, there is hope for the end of the war.

Regardless of the resolution of armed conflict in South Sudan, at least for now, tensions continue within the country. Additionally to the thousands of civilian casualties, accusations of violence and torture are being mounted against soldiers. Without the guise of cross-fire there is a now a forum for these cases to be heard. Amnesty International has been one of the driving forces behind the exposure of war crimes in South Sudan. Seif Magango, the Deputy Director for East Africa, the Horn and the Great Lakes reported that detainees were “subjected to unimaginable suffering, sometimes leading to death.” A report published by the organization named Broken Promises, details some of the living conditions experienced by prisoners of war: “some detainees were fed only once a day and, in more extreme cases, just a few times a week.”

Both government and opposition forces have been accused of sexual violence, not only against prisoners but also local civilians and aid workers. In early September, 2018, 11 government soldiers stood trial for the murder of one journalist and the rape and assault of other aid workers. These actions were committed during a siege of a hotel in Juba and carry the death penalty if convicted. These cases are merely isolated incidents, yet they represent a widespread series of crimes operating within the civil war. As armed conflict ceases, the focus of both the international and local communities turns to bringing justice to those who were violated.

Although traditional human rights treaties are often suspended during times of armed conflict, there is still a level of protection which should be afforded to civilians and non-combat personnel. These protections are the 1949 Geneva Conventions which form the basis of humanitarian law. The Conventions ensure humane treatment for individuals and prohibit armed attacks on soldiers no-longer involved in combat (sick, wounded or taken prisoner), medical personnel and civilians. It is evident that violations of humanitarian law have been committed and those responsible must be held accountable.

Human rights organizations work in an effort to mitigate violations of armed conflict law and do garner some success. The International Committee of the Red Cross (ICRC), for instance, deploys peacekeeping and aid personnel to assist in the reduction of human suffering. Since the implementation of humanitarian law requirements and organizations such as the ICRC that help to monitor compliance, a number of violations have been reversed. The ICRC are currently mapping 18 examples of international humanitarian law compliance, and two of those examples come from South Sudan.

The humanitarian situation in South Sudan is dire and seemingly unending. However, previous examples of humanitarian law compliance should provide hope that both the government and Machar’s rebel forces are capable of revoking unlawful conditions. Prior to the South Sudanese civil war, the government signed an agreement to stop the recruitment of child soldiers. In 2015, 280 boys between the ages of 11 and 17 were released to UNICEF by the South Sudan Democratic Army (SSDA). UNICEF called this movement “one of the largest ever demobilization of children.” Against this backdrop, it is estimated that over 16,000 children have been recruited by both the government and opposition forces since 2013, but only 2,000 have been demobilized. While there is a great deal more to be done, the relinquishing of age-old child recruitment policy is a step towards freedom for civilians caught in illegal recruitment campaigns.

Similarly, another major breakthrough came in August of 2014 when the United Nations secured an aid corridor between South Sudan and neighbouring Sudan. Secured by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) in Sudan, the corridor would allow the UN World Food Programme to safely convoy supplies across the border. Over 60,000 metric tonnes of food and water assistance, along with medical supplies and housing necessities were to be brought to starved residents of the Upper Nile State. The corridor also represented an acknowledgement of international humanitarian law and the intent to uphold Geneva Convention IV (related to civilian protections). Since 2014, another two United Nations corridors have been secured for the transportation of supplies, increasing aid capabilities. However, the 2018 Aid Worker Security Report ranked South Sudan the ‘most dangerous place for humanitarian workers’ for the third consecutive year. Although international aid has been granted access to the country, hostilities make it risky for organizations. To demonstrate full compliance to international humanitarian law, both government and opposition forces must guarantee security for these agencies.

To further the creation of peace within South Sudan, both parties must not only officially sign a deal but commit to upholding its contents. Drafted peace treaties have also included provisions for the increased acceptance of aid, which will allow for the reestablishment of civil society. The government should also consider extending tenures and corridors with the UN World Food Programme, the ICRC and other aid organizations. These aid measures contribute to the maintenance of humanitarian law by reducing the impact of conflict on civilians in the region, during the transitional phase.

The new government should also rely on assistance from neighbouring countries and international authorities to enhance peaceful relations within the country. Re-established trade deals with Sudan represent a positive commitment by the government to return stability to South Sudan and must be praised. However, there is much in the way of infrastructure, economics, health and education which must be considered in the peaceful solution. Regeneration is necessary within South Sudan and this will assist in improving relations between political parties and civilians.

In moving forward with peace negotiations, President Kiir and Riek Machar must take responsibility for the atrocities committed during war and acknowledge the violations of international humanitarian law. The transitional government must use their unified strength and resources to persecute criminals of war crimes and return justice to South Sudan. Current trials and public condemnation of soldiers demonstrate a positive step towards justice, but further action must be taken. In claiming responsibility for the wrongdoings committed during the civil war, the government can begin to rebuild relations with its people and redefine social norms.

Compliance with humanitarian law and persecution of war criminals represents a commitment by the South Sudanese government to create a peaceful solution to civil war. Re-establishment of common law, and renewal of civil society, will allow peace negotiations to become a long-lasting change. Change that is long overdue for South Sudanese civilians caught in the crossfire of a political contest.