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Examination of Saudi Arabian War Crimes in Yemen

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Examination of Saudi Arabian War Crimes in Yemen Letter from the Director Dear delegates, Welcome to the International Court of Justice (ICJ). My name is Alison Lee, and I am ecstatic to be serving as your Director for ICJ at CAHSMUN 2020. Staffing alongside myself will be your two Chairs, Jason Guo and Annie Tsoromocos. The three of us look forward to watching the committee engage in active debate on two critically important topics and collaborate to find lasting resolutions. Currently, I am in my third year of involvement in Model United Nations, and can assure you that it is one of the most challenging, but by far, the most rewarding activity I have pursued. Model UN is a platform in which like-minded individuals can work together to solve issues not only diplomatically but pragmatically, and expand their knowledge in global affairs. It rejects the preconceived notion that academia can be boring, and encourages individuals to be curious about the world that surrounds them. We encourage you all to step out of your comfort zone, and truly immerse yourself in this surely unforgettable experience. This year, our committee will discuss and attempt to resolve two topics pertaining to international justice: the advisory case, Saudi Arabian War Crimes in Yemen and the contentious case, Maritime Delimitation in the Indian Ocean Somalia v. Kenya. Both of these issues will challenge you to research and immerse yourselves in their intricacies. Given the varying rules of procedure between the two topics and the nature of in-committee preparation time, it is integral that you expect the unexpected and keep an open mind to new ideas. I encourage you to take advantage of the flexibility of the committee, and let your imagination lead you to unprecedented resolutions to solve some of the most pressing issues the international community faces. Once again, I welcome you to the ICJ and look forward to a weekend of diplomacy, leadership, productive debate, and the creation of lasting resolutions. If you have any questions, please do not hesitate to contact me at [email protected]. We look forward to meeting all of you in April! Cheers, Alison Lee Director of ICJ — CAHSMUN 2020 Committee Description Succeeding the Permanent International Court of Justice (PICJ), the International Court of Justice was established in 1945 as the primary judicial body of the United Nations. The ICJ was established with the purpose of overseeing a wide range of international legal activities, including resolving territorial disputes and providing legal advisory.1 The ICJ consists of 15 judges elected by the General Assembly and the United Nations Security Council from a list of nominees. The judges serve nine-year terms and every country may have a maximum of one judge in the ICJ.2 The ICJ classifies cases into two categories: contentious and advisory. Contentious cases are legal disputes between states that choose to submit a case to the ICJ, while advisory cases are requests for opinions (non-binding) on legal questions referred to the Court by United Nations organs and specialized agencies. Contentious cases typically result in a final judgement by the Court that is binding to the parties of the case without appeal, only to be reopened if a state to perform certain obligations. In this case, the Court may bring the matter before the United Nations Security Council.3 Contrastingly, advisory proceedings do not result in binding judgements and written decisions are much shorter. However, the Court’s advisory opinions are associated with its authority; therefore, the organ or agency that requested the Court’s opinion endorses it as if it were sanctioned by international law.4 In this committee, the advisory request will result in voting on resolution papers created by different blocs as it would in the standard Rules of Procedure in Model United Nations. Given the committee’s legal foundation, resolutions will also consider international law. However, for the contentious case, in order to simulate the court procedures of the real ICJ, delegates will be arranged into teams representing either Somalia or Kenya or selected to be a judge. Delegates will be given time to prepare arguments and final statements at the conference, and ultimately present a formal Court statement in the final committee session. Since its inception, the ICJ has strived to maintain justice in a world of constant injustice. The ICJ does this by ensuring representation of different outlooks on justice, limiting bias in the court, and searching for the truth where good and evil is often muddled. Delegates should be prepared to do the same as they deal with currently proceeding cases in the Court. 1 https://www.icj-cij.org/en/history 2 https://www.icj-cij.org/en/members 3 https://www.icj-cij.org/en/how-the-court-works 4 Ibid. Overview In the past half decade, the Human Rights Watch has documented approximately 90 cases of unlawful Saudi-led coalition airstrikes in Yemen. The targets of these airstrikes were not military bases or enemy forces; rather, they were residences, school buses, hospitals, and other civilian populated areas. In addition, the shells that were left over from more than a dozen of these vicious attacks have confirmed that these bombs are American-made. The Yemeni civil war, fought between the Yemeni government—led by Abdrabbuh Mansur Hadi—and the Ansar Allah (commonly known as the Houthi armed movement), officially began in 2015 when the Houthi rebels took over the Yemeni government and mobilized their forces to expand southwards of the country. Although the people fighting on the ground are members of the two aforementioned organizations, the global community sees this war as a proxy conflict that extends Saudi Arabia and Iran’s pre-existing rivalry. Saudi Arabia has long been condemned by the international community for its actions in Yemen. Since 2015, the Saudi-led coalition of nine Arab states—the United Arab Emirates (UAE), Kuwait, Bahrain, Qatar, Sudan, Egypt, Jordan, and Morocco—has carried out various acts of violence, directly and indirectly, in attempts to diminish the Houthi minority. In addition to airstrikes and civilian bombings, Saudi Arabia initiated the “Blockade of Yemen” which prevented any humanitarian aid, food, water, and fuel from entering Yemen and created a widespread famine in the country. The plight of Yemeni citizens was exacerbated in 2017 when Saudi Arabia, along with the United States, strengthened the blockade against Yemen. International and regional political interests in Yemen increase tensions in the area and encourage stalemates as each backing state attempts to defeat the other. While the Saudi-led coalition, with the financial backing of the United States, supports the Yemeni government, the Houthis are backed by Iran and its regional allies in addition to their long-term relationship with Russia. While there are many political incentives for this war, it is also exceedingly tense due to centuries of religious conflicts between the Shia and Sunni sects of Islam. Arab states continue to choose sides based on this division, and many acts of violence are still conducted in the name of extremist groups in either sect. Timeline June 2004 – Houthi armed forces lead a minor insurgency against the government after their leader, Abul-Malik al-Houthi, is killed following a demonstration against oppressive laws against the Houthi minority population.5 January 2007 – Houthi rebels accept a cease-fire, and put a temporary end to the violent clashes between the government and the rebel insurgency. August 2009 – Agressions between the Houthi insurgency and Yemeni government reignite after police open-fire on protesters. However, the insurgency is quickly contained after a cease-fire is signed.6 November 2012 – President Saleh agrees to hand over power to Abdrabbuh Mansour Hadi, his deputy, after months of constant protests. A unity government including the prime minister from the opposition is formed. Promises of a more inclusive constitution are made. March 2014 – The presidential panel approves a draft federal constitution to accommodate Houthi and southern grievances. September 2014 – Houthi forces loyal to former president Ali Abdullah Saleh take control of Sanaa, Yemen’s capital city, and much of the country. These Houthi forces demand a share of power before eventually rejecting the new constitution.7 January 2015 – Hadi attempts to announce the renewed federal constitution opposed by the Iran-aligned Houthis and Saleh, who arrest him. He escapes, triggering Saudi intervention in March along with a hastily assembled Arab military coalition. March 2015 – The militant group, the Islamic State, carries out its first major attacks in Yemen. Two cases of suicide bombings specifically targeting Shia mosques in Sanaa kill 137 people. 5 https://www.bbc.com/news/world-middle-east-14704951 6https://www.reuters.com/article/us-yemen-security-timeline/timeline-yemens-slide-into-political-crisis-and-war- idUSKCN1R20HO 7 https://www.hrw.org/world-report/2019/country-chapters/yemen July 2017 – Houthi armed forces respond to Saudi missile attacks by firing missiles into Saudi Arabia. Saleh turns against the Houthi forces, but is later killed while being pursued by the insurgency. September 2018 – A military stalemate along the coast and the port city Hodeidah is caused by Saudi coalition-backed forces. The Houthis control the port but face growing opposition on the outskirts from Yemeni forces. Historical Analysis Historical Divisions (1962) Although Yemen’s civil war has been coined the “world’s worst man-made humanitarian disaster”, the country’s cataclysmic history has only worsened in the past years.8 Moreover, many believe that the longstanding divide in Yemen has made it a breeding ground for future conflict. For one, the country has rarely been under the rule of a single, stable government. For the majority of the past century, Yemen was divided into the northern Yemen Arab Republic (YAR) and the southern Democratic Republic of Yemen (PDRY).
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