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A/HRC/45/CRP.7 29 September 2020

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A/HRC/45/CRP.7 29 September 2020 1 0 A/HRC/45/CRP.7 29 September 2020 English Arabic and English only Human Rights Council Forty-fifth session 14 September–2 October 2020 Agenda item 2 Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General Situation of human rights in Yemen, including violations and abuses since September 2014 Detailed findings of the Group of Eminent International and Regional Experts on Yemen* Summary Submitted as a supplement to A/HRC/45/6, this paper sets out the detailed findings of the Group of Eminent International and Regional Experts on Yemen mandated to investigate violations by parties to the conflict since September 2014. During this year, the Group of Eminent Experts prioritised for investigation violations occurring since mid-2019, while taking a longer temporal scope for some categories of violations not fully addressed during our previous reports. The Group of Eminent Experts found reasonable grounds to believe that the parties to the conflict in Yemen are responsible for pervasive and incessant international human rights law and international humanitarian law violations, many of which may amount to war crimes. The summary of these findings is included in A/HRC/45/6. In addition to highlighting the parties to the conflict responsible for violations, the Group of Eminent Experts identified, where possible, potential perpetrators of crimes that may have been committed. A list of names of such individuals has been submitted to the United Nations High Commissioner for Human Rights on a strictly confidential basis to assist with future accountability efforts. The Group of Eminent Experts has taken into account the observations provided in relation to its previous report by the Government of Yemen, de facto authorities, the Southern Transitional Council, the coalition and the United Arab Emirates. However, the Group of Eminent Experts regrets that for a second consecutive year, it was not able to access Yemen and other coalition countries, despite having sent several requests for permission in January and February 2020. The Group of Eminent Experts directed specific questions to the parties to the conflict, but is yet to receive any response. * The information in this report should be read in conjunction with the Report of the Group of Eminent International and Regional Experts as submitted to the Human Rights Council (A/HRC/45/6). A/HRC/45/CRP.7 Notwithstanding this lack of cooperation, and the challenges of conducting investigations during the more restrictive COVID environment, the Group of Eminent Experts has conducted more than 400 interviews with witnesses, victims and other sources. The Group of Eminent Experts’ report this year is entitled “A Pandemic of Impunity in a Tortured Land”. It is the people of Yemen who are suffering the brunt of the parties’ continued disregard for international human rights law and international humanitarian law. The title also highlights the palpable failure of the parties to hold accountable those responsible for the violations and to take action to realise victims’ rights. After six unremitting years of armed conflict in Yemen, the multi-party war continues with no end in sight for the suffering millions caught in its grip. The scale and nature of violations should shock the conscience of humanity. Yet too often Yemen is the “forgotten conflict”. Airstrikes continue to be carried out by coalition forces without appropriate regard to international law principles of distinction, proportionality and/or precaution. Persistently high civilian casualties from airstrikes on markets and farms, for instance, indicate the coalition may be failing to take all legally necessary measures to protect civilians and civilian objects. Some airstrikes may amount to disproportionate attacks. The Houthis as well as coalition forces are continuing to deploy indirect fire weapons, such as mortars and rockets, including in heavily populated areas. These indiscriminate attacks are killing and wounding civilians and damaging critical infrastructure, such as health facilities. The legacy of landmines unlawfully planted during previous years, is disturbingly apparent, in the deaths and injuries of civilians, e.g. children playing in fields, and in the diminished access to arable lands and fishing areas. Were the parties to abide by their international obligations, the situation could and would be significantly mitigated and the death of innocent people avoided. The Group of Eminent Experts has found that the Houthis in particular are interfering in humanitarian aid, and that all parties are impeding humanitarian operations. Furthermore, parties to the conflict are failing in their obligations with respect to fundamental economic, social and cultural rights such as the right to education, the right to food and the right to health. Away from the frontlines, serious violations continue to occur at the hands of all parties to the conflict. Persons have been unlawfully killed by security or law enforcement officials or armed groups. Individuals continue to be subjected to arbitrary detention, enforced disappearance, torture, and other forms of ill-treatment. Those perceived as dissenting from or opposing the party in control of territory – such as human rights defenders and journalists – are particularly at risk, as are vulnerable groups within the community – such as internally displaced persons, migrants, refugees and members of religious or social minorities. Gender-based violence, including sexual violence against women and girls, men and boys, is continuing, and individuals have been subjected to violations because of their sexual orientation or gender identity. Boys and girls, allegedly as young as seven years of age are being recruited into armed forces or armed groups and used in hostilities. Their right to education is being compromised both by the conduct of hostilities, but also by direct actions against educators, and the use of schools for military purposes or ideological indoctrination. While the justice system of Yemen should serve as an avenue for obtaining a remedy for violations, the Group of Eminent Experts has found that the administration of justice is gravely compromised, with serious consequences for fair trial rights. There remains an endemic lack of access to justice for survivors. The Group of Eminent Experts is concerned that impunity continues largely unabated for those who perpetrate serious violations. While the Group of Eminent Experts has seen some progress in terms of investigations conducted by parties and some matters have been referred for criminal prosecution, to date no-one has been held accountable for the violations that the Group of Eminent Experts has identified. The Group of Eminent Experts is calling upon the international community to take a more active role in Yemen and upon the Security Council to refer the situation in Yemen to the ICC, and to list further individuals responsible for violations under their sanctions regime. The Group of Eminent Experts supports the creation of an international criminal justice investigation mechanism (similar to the bodies established for Syria and Myanmar), as well as further discussions about the possibility of a specialised court to deal with the international crimes committed during the conflict. The 2 A/HRC/45/CRP.7 Group of Eminent Experts also reiterates its call for third States to stop transferring arms to parties to the conflict given the role of such transfers in perpetuating the conflict and potentially contributing to violations. No State can now claim to be unaware of the scale of violations occurring in Yemen. 3 A/HRC/45/CRP.7 Contents Page I. Introduction and mandate ..................................................................................................................... 6 II. Methodology ......................................................................................................................................... 7 A. Scope .......................................................................................................................................... 7 B. Corroboration and standard of proof .......................................................................................... 7 C. Sources of information and constraints ...................................................................................... 8 D. Cooperation with the Group of Eminent Experts ....................................................................... 9 III. Legal framework ..................................................................................................................................10 A. Introduction ...............................................................................................................................10 B. Applicable law ...........................................................................................................................10 IV. Military, political and humanitarian context (July 2019 – June 2020) ................................................14 V. Findings on violations of International Humanitarian Law and International Human Rights Law.....20 A. Attacks affecting civilians or civilian objects ...........................................................................20 B. Arbitrary deprivation of life/murder of civilians .......................................................................31 C. Violations related to the humanitarian situation ........................................................................34
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