A/HRC/39/43
Annex III
Joint Incidents Assessment Team
1.
The Experts reviewed the summaries of 71 incidents investigated by the Joint
Incidents Assessment Team (JIAT), an investigative body established by the coalition in
response to allegations of air strikes hitting or affecting civilians or civilian objects. All but
one referred to cases brought to the attention of JIAT by the Office of the High
Commissioner for Human Rights (OHCHR) or civil society organizations.
2.
In assessing the findings, consideration was given to the fact that military
commanders are often required to make decisions in the “fog of war”; that a number of
accidents are unavoidable, and that commanders may not have the same information that is
available to those reviewing an incident in hindsight. The Experts accepted that the publicly
available information may only constitute summaries of JIAT findings. They, nonetheless,
expressed serious concerns as the summaries lacked details of legal analyses undertaken,
and rarely addressed reports of civilian casualties.
3.
The Experts requested JIAT to provide information about its terms of reference,
appointments process, and reporting structure. It has received no response. However, the
Experts received reliable information suggesting that at times, JIAT findings were
substantially altered by the Saudi Ministry of Foreign Affairs. The Experts also sought
information about JIAT rules of procedure and the coalition’s process for determining
whether to implement JIAT recommendations, and has received no response.
Case Selection
4.
The Experts requested JIAT to provide information on the case selection process. No
response was received. JIAT has investigated certain prominent cases but appears to have
chosen to investigate a majority of cases where very few civilian casualties or little damage
to protected objects occurred. For example, JIAT investigated damage to a hospital on 7
July 2015, which the United Nations Panel of Experts 1 alleged was the result of collateral
damage on a separate target. It does not appear to have investigated allegations in the same
section of the report of direct strikes at the end of August 2015 on Maran Health Center in
Sa’dah and on 3 September 2015 on Rizah Hospital, also in Sa’dah, which destroyed those
facilities entirely.
5.
In some instances, JIAT also appears to have opted to review cases where the
organization alleging the unlawful airstrike noted the presence of a possible military
objective at the strike site rather than cases in which no such suspicions were raised. For
example, an international organization report documenting the 29 October 2016 attack on
the al-Zaydiya security administration building north of the city of Hodeida noted the
presence of Houthi/Saleh armed forces at the detention facility. JIAT appears not to have
investigated other alleged incidents in the same report that make no such reference to any
military presence at the sites attacked.
6.
The JIAT has not responded to additional Experts’ questions about its methodology
or access to After Mission Damage reports. Nor has it explained procedures for making or
receiving complaints.
The cases
7.
JIAT has generally justified strikes on apparent civilians or civilian objects on the
following three grounds: 1) accident or technical fault; 2) the coalition was not responsible
for the attack; and 3) the object was a military objective.
1
34
The Security Council Committee on sanctions is supported by the Panel of Experts established
pursuant to resolutions 2140 (2014) and 2216 (2015).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents