Will there be accountability for war crimes committed in South Sudan? The African Union Commission of Inquiry on South Sudan is a panel of eminent African personalities tasked with investigating abuses and recommending methods of justice and redress. After more than a year of conflict, the Commission has not yet released its findings. Below is a look back at what the panel has done so far:
30 December 2013: After reports of widespread human rights violations after the outbreak of war in South Sudan, the African Union mandates the creation of a Commission of Inquiry on South Sudan.
7 March 2014: The commission is formed and given a three month mandate to “investigate the human rights violations and other abuses committed during the armed conflict in South Sudan, and make recommendations on the best way and means to ensure accountability, reconciliation and healing among all South Sudanese communities.” The head of the commission is former Nigerian President Olusegun Obasanjo. Other members are: Sophia Akuffo, president of the African Court on Human Rights and a Ghana supreme court justice; Mahmood Mamdani, professor at Makarere University in Uganda and Columbia University in the United States; Bineta Diop, AU special envoy for women, peace and security; and Pacifique Manirakiza, a member of the African Commission on Human Rights and a criminal law specialist.
12 March 2014: The Commission convenes its first meeting in Addis Ababa, Ethiopia.
8 May 2014: United Nations and Amnesty International each publish detailed reports documenting widespread human violations in South Sudan’s war. The UN’s report, which follows a 21 February interim report, recommends international justice measures to ensure accountability.
21 April to 30 May 2014: AU Commission makes its first visit to South Sudan. They meet in Juba with Salva Kiir and other SPLM/A-Juba officials, and consult with national rights and peace commissions as well as church and civil society leaders.
26 May to 4 June: The Commission makes a second visit to South Sudan, traveling to Juba, Bor, Bentiu, and Malakal where they visit mass grave sites and meet with victims of atrocities.
5 June to 7 June: Commission visits Kakuma Refugee Camp in Kenya.
10 July 2014: The Rule of Law Initiative, an international law group based in the United States, releases a report criticizing the AU Commission of Inquiry. They say the Commission may not be sufficiently in favor of accountability, spends a small amount of time in South Sudan, and lacks both expertise and credibility. “A large majority of [South Sudanese] interviewed, including community and tribal leaders, expressed serious concerns – even fears – that the Commission of Inquiry would ultimately do very little in terms of accountability,” the report says, adding that the commission “is perceived largely as an attempt to prevent or deflect an International Criminal Court process.” The Rule of Law Initative urges a separate, international investigation team be deployed.
26 June 2014: Commission releases an interim report on its work. The report says it cannot yet decide if international law has been violated in South Sudan during the civil war, noting that the commissioners have had inadequate time, funding, and access to complete investigations. The report adds that the commission has struggled to do its work because its members are working part time on South Sudan and have been prevented from meeting key government officials alleged to have taken part in atrocities.
10 July 2014: The African Union extends the Commission of Inquiry’s mandate to give more time to complete investigations and announce recommendations.
19 July to 24 July 2014: Commission members visit South Sudan for a third time, meeting with Salva Kiir and other SPLM/A-Juba officials, as well as women’s leaders and Central Equatoria Governor Clement Wani Konga. Obasanjo announces that the commission’s findings on massacres in Juba, Bor, Bentiu, and Malakal will be released in a final report.
15 December 2015: First anniversary of war passes. A leading human rights researcher in South Sudan calls for immediate release of the Commission’s final report. “South Sudanese were promised the truth; they deserve to hear it now,” the researcher says.
9 January 2015: United Nations releases findings of its investigations on massacres in Bor and Bentiu, and says the results may be sufficient for international criminal proceedings.
13 January 2015: The UN demands the release of the AU Commission’s final report at the upcoming AU summit on 29-31 January 2015. UN Assistant Secretary General Ivan Simonovic said: “we are very concerned” that the report will be shelved. “We think it’s essential to have that report submitted during the African Union summit, but also to make that report public afterwards,” he said.
Photo: Head of the AU Commission of Inquiry on South Sudan and former Nigeria President Olusegun Obasanjo.