A/HRC/39/43
warehouses in the main entry point for commercial and aid supplies to northern Yemen,
where the majority of the population lives. The Experts visited the port, spoke to sources
and observed the impact of these strikes on the port’s operations. The foreseeable harm,
affecting nearly all of Yemen, caused by the airstrikes on the port raises serious concerns
about violations of international humanitarian law.
7.
In 2016, ongoing peace negotiations seemed to have had a limited effect, but in
August 2016, when the talks collapsed, the air campaign intensified dramatically. From
August to December 2016, at least 600 civilians were killed in various airstrikes. The
Experts have received information indicating that targeting practices adopted by the
coalition in this period were found to be so flawed that some of the coalition’s international
backers ceased cooperation, and eventually stopped selling weapons to coalition member
states. Two of the most prominent airstrikes of the conflict occurred during this period, Al
Kubra hall, in Sana’a, and Abs hospital, in Hajjah Governorate.
8.
The Experts visited the incident site and met with survivors and relatives of victims
of the 8 October 2016 airstrikes that hit Al Kubra Hall in Sana’a city during the funeral of
the father of the de facto Minister of Interior. The strikes killed at least 137 men, and
injured 671 men and 24 boys. At the time of the attack, the hall, the largest public hall in
Sana’a with a capacity to hold approximately 1,000 people, was full of mourners. Those in
attendance included political and military leaders affiliated with the Houthis and former
President Saleh, but the vast majority in attendance were civilians. According to the JIAT,
the targeting was based on faulty intelligence provided by Yemeni authorities, and the
airstrike was conducted without proper approval or in non-compliance with coalition
procedures, including the use of precautionary measures. Based on the circumstances,
including the prior advertisement and public nature of the funeral, as well as the timing of
the strike, coalition actors should have been aware of the high risk of significant civilian
casualties inherent in such a strike. The JIAT explanation would seem to indicate a major
fault in the targeting process but it is unclear from their summary where the fault lies.
9.
With respect to the 15 August 2016 airstrike against Abs Hospital, information
reviewed by the Experts indicates that earlier that day airstrikes occurred within 10–15 km
of the hospital and medical staff were preparing to receive casualties from those strikes.
Around 15:30, a vehicle arrived and was admitted within the hospital compound. Within
minutes, an airstrike hit within the hospital compound, near the emergency ward, where the
vehicle had stopped and dozens of patients and caretakers were waiting for treatment. As a
result of the strike, MSF reported that 19 people were killed, including five children, and 24
injured, including four children. The organization had previously provided the coordinates
of the hospital to the coalition. The JIAT stated that coalition forces were “to apologise for
the unintentional error, provide appropriate assistance to those affected, and launch an
investigation with the persons in charge of the incident to look into whether they have
violated the accredited rules of engagement and take appropriate action as regards the
incident”.7 This attack raises serious concerns about proportionality and precautions.
10.
Based on the available information, the Experts have not identified significant
changes in the coalition’s modus operandi. Airstrikes continued to hit markets, residential
buildings, civilian vehicles, civilian boats and weddings celebrations in the last year. From
1 July 2017 until 30 June 2018, according to OHCHR, at least 1,114 civilians have been
killed by airstrikes (604 men, 122 women and 388 children). Another 1,002 were injured
(629 men, 91 women and 282 children).
11.
As in previous years, significant peaks in the intensity of the air campaign and the
number of civilian casualties seemed correlated to strategic developments, such as the 4
November 2017 Houthi missile fired at Riyadh, the first against the Saudi capital, and the
unravelling of the Houthi/Saleh alliance in early December 2017. In the month between
these developments, Yemen Data Project registered more than 900 air raids and it was also
one of the bloodiest periods of the air campaign, with 465 civilians killed by airstrikes,
according to OHCHR.
7
www.spa.gov.sa/viewstory.php?lang=en&newsid=1567351.
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