A/HRC/39/43
Proportionality Assessment
30.
The coalition has imposed a complete effective closure of Sana’a airport to all
commercial flights since August 2016, including travel for individuals requiring immediate
medical treatment abroad. The only exceptions have been flights arranged by Saudi Arabia.
The coalition has provided no explanation of the military necessity of closing the airport
completely. In the absence of such an explanation, the closure of Sana’a International
Airport appears to violate the proportionality rule of international humanitarian law.
Conclusion
31.
Based on the evidence available, there are reasonable grounds to believe access
restrictions and de facto blockades violate the proportionality rule of international
humanitarian law.19 While this finding relies on an evolved understanding of the application
of the principles of international humanitarian law, it is consistent with those principles.
Given the grave consequences of these restrictive measures for the civilian population in
Yemen, the Experts consider this approach warranted.
19
This finding is without prejudice to the application of the other rules of international humanitarian
law, including the principle of precautions in attack.
33
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