نص تقرير الامم المتحده الاخير يتهم الخرطوم بجرائم حرب في جبال النوبه

Quote: LEGAL FRAMEWORK 55. Sudan is party to several international human rights treaties relevant to the Southern Kordofan context, including the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of the Child (CRC), and the International Convention on the Elimination of All Forms of Discrimination (ICERD). As stated by the International Court of Justice, international human rights law applies both in peace and during armed conflict. 56. Sudan is a party to the four Geneva Conventions of 1949. Article 3 common to the four Geneva Conventions of 1949 establishes minimum standards that parties, including State and non-State actors shall respect in non-international armed conflict. Sudan is also party to Additional Protocol II to the Geneva Conventions which complements the protections provided by common article 3 in non-international armed conflicts. 57. In accordance with international criminal law, serious violations of human rights and international humanitarian law, such as those described in this report including killings and enforced disappearances, if substantiated could amount to crimes against humanity, or war crimes for which individual criminal responsibility may be sought. 58. The violations described in this report, allegedly perpetrated by the SAF, PDF, Central Reserve Police Forces and the Government Police in Southern Kordofan, and SPLA-N, if substantiated, may constitute war crimes and crimes against humanity under the Armed Forces Act (2007) of Sudan, and the Sudan Criminal Act of 1991, amended 2009. RECOMMENDATIONS In view of the above, the Office of the High Commissioner for Human Rights strongly recommends that: • The parties to the conflict should respect relevant provisions of national law, and international human rights and international humanitarian law, in particular with regard to the protection of civilians; • Access be granted to human rights monitors to conduct investigations into allegations of continuing violations of international human rights and humanitarian law; • The parties to the conflict immediately grant unhindered access for humanitarian actors to reach affected populations. • IDPs be provided with accurate information and conditions to allow them to make a voluntary and informed choice as to whether to return to their homes or seek other options; • An independent, thorough, and objective inquiry be conducted into alleged violations of international human rights and humanitarian law that occurred during the hostilities in Southern Kordofan with a view to holding perpetrators to account. Immunities of members of the military and security forces, alleged to have been involved in violations of international human rights and international humanitarian law, be lifted to allow for prosecutions and trials in compliance with due process and fair trial standards. • The Government should immediately release all individuals detained illegally including UN staff.