United Nations Security Council Resolution 2223 – Reports of the Secretary-General on the Sudan and South Sudan

Resolution 2223 (2015)

The Security Council,

Recalling its previous resolutions 1996 (2011), 2046 (2012), 2057 (2012), 2109 (2013), 2132 (2013), 2155 (2014), 2187 (2014) and 2206 (2015), and its Statements by the President of the Security Council, S/PRST/2014/16, S/PRST/2014/26 and S/PRST/2015/9,

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity, and national unity of the Republic of South Sudan, and recalling the importance of the principles of non-interference, good-neighbourliness, and regional cooperation,

Recalling its resolution 2086 (2013) and reaffirming the basic principles of peacekeeping, including consent of the parties, impartiality, and non-use of force, except in self-defence and defence of the mandate, and recognizing that the mandate of each peacekeeping mission is specific to the need and situation of the country concerned,

Underscoring its grave alarm and concern regarding the worsening political, security, and humanitarian crisis in South Sudan resulting from the interna l Sudan People’s Liberation Movement (SPLM) political dispute and subsequent violence caused by the country’s political and military leaders,

Strongly condemning reported and ongoing human rights violations and abuses and violations of international humanitarian law, including those involving extrajudicial killings, ethnically targeted violence, rape and other forms of sexual and gender-based violence, recruitment and use of children, enforced disappearances, arbitrary arrests and detention, violence aimed at spreading terror among the civilian population, and attacks on schools, places of worship, hospitals, and United Nations and associated peacekeeping personnel, by all parties, including armed groups and national security forces, as well as the inciteme nt to commit such abuses and violations,

Further condemning harassment and targeting of civil society, humanitarian personnel and journalists, and emphasizing that those responsible for violations of international humanitarian law and violations and abuses of human rights must be held accountable and that the Government of South Sudan bears the primary responsibility to protect civilians within its territory and subject to its jurisdiction, including from potential crimes against humanity and war crimes,

Expressing serious and urgent concern over the more than two million displaced persons and deepening humanitarian crisis, stressing the responsibility borne by all parties to the conflict for the suffering of the people of South Sudan, and the necessity of ensuring that the basic needs of the population are met, and commending United Nations humanitarian agencies, partners, and donors for their efforts to provide urgent and coordinated support to the population,

Recalling the need for all parties to the conflict to allow and facilitate, in accordance with relevant provisions of international law and United Nations guiding principles of humanitarian assistance, the full, safe and unhindered access of relief personnel, equipment and supplies to all those in need and timely delivery of humanitarian assistance, in particular to internally displaced persons and refugees,

Condemning all attacks against humanitarian personnel and facilities and recalling that attacks against humanitarian personnel and depriving civilians of objects indispensable to their survival may amount to violations of international humanitarian law,

Commending the Intergovernmental Authority on Development (IGAD) initiative, as supported by the United Nations and the African Union, for its relentless work in establishing a forum for political and security dialogue, establishing and operationalizing the Monitoring and Verification Mechanism (MVM) for the Cessation of Hostilities Agreement, and leading multi-stakeholder political negotiations to establish a Transitional Government of National Unity,

Strongly condemning repeated and continuing violations of the CoH by all parties which undermine peace efforts, while stressing the continued importance of the IGAD-mediated 23 January 2014 Cessation of Hostilities (CoH) and Status of Detainees Agreements, consensus on the Declaration of Principles between the parties, the establishment of the ceasefire Monitoring and Verification Mechanism (MVM), the 9 May 2014 “Agreement to Resolve the Crisis in South Sudan”, the 9 November 2014 Rededication and Implementation Modalities for the CoH, and the 1 February 2015 Areas of Agreement on the Establishment of the Transitional Government of National Unity (TGoNU) in the Republic of South Sudan,

Taking note of the 6 March 2015 message from Ethiopia’s Prime Minister and Chairman of IGAD Hailemariam Dessalegn to the people of South Sudan, and expressing its profound disappointment that the parties have failed to reach an agreement on the arrangements outlined in the 1 February Areas of Agreement on the Establishment of the Transitional Government of National Unity (TGoNU) in the Republic of South Sudan,Looking forward to the renewed efforts by IGAD, joined by the friends of South Sudan from Africa and abroad, including the United Nations, to implement a common plan and to table a reasonable and comprehensive solution to end the crisis in South Sudan and urges all parties to engage meaningfully in the peace process so to bring about a political resolution of the crisis and an end to the violence, and in this regard, further welcoming the 24 March 2015 decision by the African Union Peace and Security Council forming the African Union High Level Ad Hoc Committee for South Sudan, and encouraging continued close cooper ation between the United Nations, IGAD and the AU in mediation efforts and peace negotiations,

Expressing its deep appreciation for the actions taken by United Nations Mission in South Sudan (UNMISS) peacekeepers and Troop- and Police-Contributing Countries to protect civilians, including foreign nationals, under threat of physical violence and to stabilize the security situation within and beyond UNMISS sites, expressing appreciation for UNMISS’s efforts to support internally displaced persons seeking protection on its sites, while underlining the necessity to find sustainable solutions for the internally displaced population, including in alternative safe and secure locations, and in keeping with the Guiding Principles on Internal Displacement,

Taking note with interest of the reports on the human rights situation in South Sudan including on the situation of children in armed conflict on 11 December 2014, the “Attack on Bentiu-20 October 2014” released on 19 December 2014, and the “Attacks on Civilians in Bentiu and Bor-April 2014” on 9 January 2015, in addition to the 21 February 2014 UNMISS Interim Human Rights report, and 8 May 2014 “Conflict in South Sudan: A Human Rights Report”,

Expressing grave concern that according to these reports there are reasonable grounds to believe that war crimes and crimes against humanity, including extrajudicial killings, rape and other acts of sexual violence, enforced disappearances the use of children in armed conflict, and arbitrary arrests and detention have been committed by both government and opposition forces, and noting that such crimes constitute actions that threaten the peace, security and stability of South Sudan,

Stressing the increasingly urgent and imperative need to end impunity in South Sudan and to bring to justice perpetrators of such crimes, and further stressing the importance of accountability, reconciliation and healing in ending impunity, and ensuring a sustainable peace,

Emphasizing that individuals or entities responsible for or complicit in, or having engaged in, directly or indirectly, actions or policies that threaten the peace, security or stability of South Sudan, may be designated for targeted sanctions pursuant to resolution 2206 (2015), recalling its willingness to impose targeted sanctions and noting with interest the 22 May 2015 Press Statement from the African Union Peace and Security Council calling for urgent steps to designate individuals and entities under resolution 2206 (2015),

Recognizing the work of the African Union Commission of Inquiry in independent and public human rights monitoring, investigation and reporting, and its 27 June 2014 “Interim Report of AU Commission of Inquiry on South Sudan”, and anticipating with interest its findings and recommendations and encourages the public release of the final report as soon as possible on South Sudan,

Strongly condemning the use of media to broadcast hate speech and transmit messages instigating violence against a particular ethnic group, which has the potential to play a significant role in promoting mass violence and exacerbating conflict, calling on the Government to take the appropriate measures in order to deter such activity, and further urging all parties to desist from these actions and instead contribute to promoting peace and reconciliation among the communities,

Recognizing the important role played by civil society organizations, faith leaders, women, and youth in South Sudan, underscoring the importance of their participation

— along with the former SPLM detainees and other political parties

— to finding a sustainable solution to the crisis in the country, and concerned by efforts by all parties to limit such participation including by preventing individuals from travelling to join the talks and by increased restrictions of freedom of expression,

Emphasizing that persistent barriers to full implementation of resolution 1325 (2000) will only be dismantled through dedicated commitment to women ’s empowerment, participation, and human rights, and through concerted leadership, consistent information and action, and support, to build women’s engagement in all levels of decision-making,

Expressing deep concern at persistent restrictions placed upon the movement and operations of UNMISS, including through repeated violations of the Status of Forces Agreement and blocking the deployment of essential assets and enablers, and underscoring the importance of close cooperation and communication between UNMISS and the Government in addressing these issues,

Strongly condemning the attacks by government and opposition forces and other groups on United Nations and IGAD personnel and facilities, including the December 2012 downing of a United Nations helicopter by the SPLA, the April 2013 attack on a United Nations convoy, the December 2013 attack on the UNMISS camp in Akobo, the August 2014 shooting down of a United Nations helicopter by unidentified armed groups, the August 2014 arrest and detention of an IGAD monitoring and verification team, the detentions and kidnappings of United Nationsand associated personnel, and the repeated attacks on the UNMISS camps in Bor, Bentiu, Malakal and Melut, and the disappearance purportedly caused by SPLA forces, of two United Nations-affiliated national staff and one national contractor in Upper Nile State, and calling upon the Government of South Sudan to complete its investigations of these attacks in a swift and thorough manner and to hold those responsible to account,

Reiterating its request that UNMISS take additional measures, as appropriate, to ensure the security of its air operations in South Sudan, and report thereon to the Council,

Stressing the importance of effective engagement and liaison with local communities, both within and outside the Protection of Civilians sites, in order to fulfil UNMISS’ Protection of Civilians mandate,

Expressing grave concern regarding the threats made to oil installations, petroleum companies and their employees, and urging all parties to ensure the security of economic infrastructure,

Recalling its resolution 2117 (2013) and expressing grave concern at the threat to peace and security in South Sudan arising from the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons,

Noting with serious concern reports made by the United Nations Mine Action Service (UNMAS) in Jonglei State in February 2014, of the indiscriminate use of cluster munitions and urging all parties to refrain from similar such use in the future, and further expressing serious concerns about increased level of unexploded ordnance,

Welcoming IGAD’s continued operations of the MVM, reiterating its call for the redeployment and/or progressive withdrawal of armed groups and allied forces invited by either side, consistent with the 23 January 2014 Cessation of Hostilities Agreement, and warning of the serious consequences that could result from any regionalization of the conflict,

Reaffirming its resolutions 1265 (1999), 1296 (2000), 1674 (2006), 1738 (2006) and 1894 (2009) on the protection of civilians in armed conflict, and 1502 (2003) and 2175 (2015) on the protection of humanitarian and United Nations personnel; resolutions 1612 (2005), 1882 (2009), 1998 (2011), 2068 (2012), and 2143 (2014) on children and armed conflict; and resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013), and 2122 (2013) on women, peace, and security; resolution 2150 (2014) on the prevention and fight against genocide; resolution 2151 (2014) on security sector reform; and resolution 2171 (2014) on conflict prevention,

Taking note of the 17 February 2015 Secretary-General’s Report (S/2015/118) and 29 April 2015 Secretary-General’s Report (S/2015/296) and the recommendations contained therein,

Determining that the situation in South Sudan continues to constitute a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

Adopted by the Security Council at its 7451st meeting, on 28 May 2015.