A/HRC/39/43 Accident or technical fault 8. In 10 cases, JIAT concluded that strikes on civilians or civilian objects were accidental. As noted above, the Experts accepted that accidents happen during armed conflict. It is nonetheless concerned about those cases in which the JIAT summary failed to mention civilian casualties. For example, in response to allegations regarding an attack on Sa’dah’s main street on 2 May or June 2015, JIAT asserted that “a laser-guided munition missed its target”, but did not mention the 29 casualties alleged by the reporting organization. In another case, JIAT concluded that an airstrike accidentally hit a house in the outskirts of Ta’izz on 26 May 2015, but failed to make reference to the 15 civilian casualties that allegedly resulted. It also did not address the 47 alleged civilian casualties associated with the mis-identification of a well on 10 September 2016 in the Arhab area north of Sanaa. 9. The Experts also observed that in one of the cases, in response to allegations of an attack on a World Food Programme (WFP) convoy, JIAT found that “these trucks were a convoy of WFP and that the coalition forces were not aware of the timings and locations of the convoy”. JIAT noted that “officials supervising this programme did not provide the coalition forces with memorandum showing the dates and timings of the movement of the convoy, which is a breach of the international conventions”. This interpretation of the deconfliction system is incorrect. The system was established to help promote the safety and security of humanitarian activities and personnel, but it was never intended to relieve the parties of their obligations under international humanitarian law. The burden has always been on the parties to apply the principles of distinction, precaution and proportionality. In other words, it is for the coalition to properly identify what they intend to attack; it is not for humanitarian organizations to identify what may not be attacked. Moreover, the Experts have received reliable information indicating that during the period at issue, there was a presumption in the coalition that certain convoys were carrying military materiel. This presumption may have affected the targeting process. 10. In eight of the 10 cases, JIAT recommended that victims be compensated for loss or damage. The Experts requested that the coalition provide information about the follow-up to these recommendations. It has received no response. The coalition is not responsible 11. In 33 cases, the coalition denies that it carried out the alleged strikes. On these cases, the Experts make the following general observations. First, the allegations were made by reliable entities and human rights organizations. Those organizations often visited the sites and spoke with victims and witnesses immediately after the attacks took place. Some also performed crater and weapons analysis. Second, when the coalition announced the end of ‘Operation Decisive Storm’ on 21 April 2015, it announced that “… Operation Decisive Storm focused on very specific objectives, including controlling the Yemeni airspace and preventing the Houthi militias and their supporters from using the Yemeni air force. The coalition was able to completely control Yemeni airspace within the first 15 minutes of the operation.”2 Third, even if the information is not conclusive that in each of the 33 cases the site was struck from the air, it is unlikely that Houthi/Saleh forces would have attacked sites in areas under their own effective control. In 25 cases, the attacks were in areas under effective de-facto authority control at the time the attacks took place. In eight cases, it is unclear which party had effective control over the sites at the time of the attacks. It is therefore difficult to understand how the damage could have occurred other than by air strikes as alleged. 12. In eight of the nine most recent findings released by JIAT, it has concluded that the coalition did not strike the sites as alleged. Its conclusion in the ninth case is unclear. The Experts are therefore additionally concerned about what appears to be an increasing reliance by JIAT on blanket denials of coalition airstrikes. 2 www.saudiembassy.net/press-release/saudi-ministry-defense-daily-briefing-operation-decisive-storm. 35