A/HRC/39/43
I. Findings of the Group of Eminent International and Regional
Experts on Yemen
A.
Introduction and mandate
1.
In its resolution 36/31, the Human Rights Council requested the United Nations
High Commissioner for Human Rights to establish a group of eminent international and
regional experts on Yemen to monitor and report on the situation of human rights. The
group was mandated to carry out a comprehensive examination of all alleged violations and
abuses of international human rights and other appropriate and applicable fields of
international law committed by all parties to the conflict since September 2014, including
the possible gender dimensions of such violations, and to establish the facts and
circumstances surrounding the alleged violations and abuses and, where possible, to
identify those responsible.
2.
On 4 December 2017, the High Commissioner established the Group of Eminent
International and Regional Experts, appointing Charles Garraway (United Kingdom of
Great Britain and Northern Ireland), Kamel Jendoubi (Tunisia) and Melissa Parke
(Australia) as the experts, and Mr. Jendoubi as Chair.
3.
The Group of Experts examined alleged violations and abuses of international
human rights and other appropriate and applicable fields of international law committed by
parties to the conflict. In addition to international human rights law, the Group applied
international humanitarian law, international refugee law and international criminal law.
4.
Given the limited access, resources and time available to fulfil its wide mandate, the
Group of Experts examined incidents based on the gravity of the allegations of violations;
their significance in demonstrating patterns of alleged violations; access to victims,
witnesses and supporting documentation; and the geographic locations of the incidents. It
also considered the gender dimensions of violations and the impact on vulnerable groups.
In the light of the emphasis on accountability in the Group’s mandate, the experts focused
on establishing the facts and circumstances of the violations and, where possible,
identifying those responsible for them.
5.
In the findings, the term “pro-government forces” refers to actors fighting against
the Houthi-Saleh forces and “de facto authorities” refers to those controlling Sana’a and the
surrounding areas, where the majority of the Yemeni population lives.
6.
The present report, which covers the period 1 September 2014 to 30 June 2018, does
not purport to be exhaustive in documenting the extraordinary number of relevant incidents
that occurred in the reporting period. Nevertheless, the Group of Experts considers that the
report is illustrative of the main types and patterns of violations.
B.
Methodology
7.
The Group of Experts and members of the secretariat carried out visits to Aden,
Sana’a, Sa’dah and Hudaydah, but faced significant security, logistical and administrative
constraints in arranging some of the planned visits to Yemen, and were unable to visit all
the affected governorates, notably Ta’izz. Visits were also undertaken to Djibouti, Jordan,
Saudi Arabia, Switzerland and the United States of America. In addition, the Group
considered submissions and other documentation and reviewed photographs, videos and
satellite images.
8.
The Group of Experts issued an online call for submissions in February 2018 with a
deadline of 1 June 2018. It addressed written requests for specific information to the
Government of Yemen on 17 April 2018, to all the member States of the coalition,
described in paragraph 18 below, on 23 April 2018 and to the de facto authorities in Sana’a
on 11 July 2018. As of 24 July 2018 no responses had been received.
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