Oireachtas Joint and Select Committees

Wednesday, 7 October 2015

Joint Oireachtas Committee on Foreign Affairs and Trade

Humanitarian Crisis in South Sudan: International Committee of Red Cross

10:00 am

Mr. Franz Rauchenstein:

With regard to the war crimes, the ICRC supports accountability for violations of international humanitarian law that are committed. Our way of working with the parties - as we are working on both sides we must be very present in the field - is the confidentiality of the dialogue. When we come across violations of humanitarian law we have a direct dialogue with the commanders, submitting those allegations of violations of humanitarian law and recommending how to improve and what type of measures must be taken. However, we are not directly involved in accountability measures as an institution. I agree on the importance of general accountability for people who commit war crimes.

With regard to the decree of President Salva Kiir to create 18 other states, this is likely perceived as undermining the spirit of the peace agreement. There are also some legal constraints that probably accompany it, as it is also perceived as being anti-constitutional. It is a very unfortunate moment, two or three weeks after the signature of a peace agreement, to make such a decree. This is also putting in doubt the power-sharing formula that has been agreed in the peace agreement. It probably would have been better to make it later, if such a step would be necessary. It is probably not very fortunate timing.