A/HRC/39/43
(a)
Individuals in the Government and the coalition, including Saudi Arabia
and the United Arab Emirates, may have conducted attacks in violation of the
principles of distinction, proportionality and precaution that may amount to war
crimes;
(b)
Individuals in the Government and the coalition, including Saudi Arabia
and the United Arab Emirates, have committed acts that may amount to war crimes,
including cruel treatment and torture, outrages upon personal dignity, rape and
conscripting or enlisting children under the age of 15 or using them to participate
actively in hostilities;
(c)
Individuals in the de facto authorities have committed acts that may
amount to war crimes, including cruel treatment and torture, outrages upon personal
dignity and conscripting or enlisting children under the age of 15 or using them to
participate actively in hostilities.
109. The Group of Experts has identified, where possible, individuals who may be
responsible for international crimes, and the list of individuals has been submitted to
the High Commissioner. More information is needed on some incidents documented
by the Group to establish responsibilities.
110. In order to ensure justice for all victims of violations of international human
rights and humanitarian law, and in the light of the ongoing armed conflict, the
Group of Experts presents the following recommendations.
111.
The Group of Experts recommends that parties to the conflict:
(a)
Immediately cease acts of violence committed against civilians in
violation of applicable international human rights and international humanitarian law,
take all feasible precautions to protect civilians from the effects of hostilities and meet
the basic needs of the civilian population, in particular women and children;
(b)
Respect international humanitarian law, including in relation to the
prohibition on attacks against civilians and civilian objects, and the core principles of
distinction, proportionality and precaution;
(c)
Take the necessary measures to remove disproportionate restrictions on
the safe and expeditious entry into Yemen of humanitarian supplies and other goods
indispensable to the civilian population, and the movement of persons including
through Sana’a International Airport;
(d)
Fulfil obligations to facilitate the rapid and unimpeded passage of
humanitarian relief and unhindered access to medical facilities both in Yemen and
abroad;
(e)
Ensure that all persons deprived of their liberty have their detention
reviewed by a judge in compliance with national and international law;
(f)
Ensure that arrests of individuals in connection with the ongoing conflict
are carried out on legal grounds only and supported by credible and sufficient
evidence;
(g)
Document all unofficial detention centres and transfer detainees to
official detention facilities in line with national and international law;
(h)
Create a national register for missing persons and inform families of the
whereabouts of all detainees;
(i)
Immediately cease all attacks against freedoms of expression and of
belief, including detention, enforced disappearance and intimidation, and release all
journalists and others detained for exercising their freedom of expression or belief;
(j)
Cease acts of sexual and gender-based violence in all forms, including
sexual violence against women and children, sexual violence in detention and the
persecution of women activists;
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents