A/HRC/39/43
less accessible and Yemen was still suffering from the largest outbreak of cholera in recent
history.
54.
Despite their significant impact on civilians, these restrictions are unlikely to be
effective in achieving their stated military objectives due to the absence of a clear and
published list of prohibited items. Moreover, in the three years that the naval restrictions
have been in place, no searches by either the United Nations Verification and Inspection
Mechanism or coalition forces have discovered weapons.
55.
The coalition and the Government have had sufficient notice of the harm caused and
their responsibility for it, and sufficient opportunity to correct the situation. No possible
military advantage could justify such sustained and extreme suffering of millions of people.
The coalition has failed to cancel or suspend the restrictions, as required under international
law.
56.
On 9 August 2016, the coalition effectively closed Sana’a International Airport to
commercial traffic. This has prevented thousands of Yemenites from seeking medical care
abroad. In the meantime, the health-care system in Yemen has disintegrated. Those who are
chronically ill and need to leave the country must attempt alternative routes that require
long journeys across active front lines at high risk and at high costs. For example, on 31
August 2017, the founder of the Yemen Red Crescent Society died because he could not
obtain the life-saving treatment he needed in Yemen and could not travel abroad for such
treatment. Since August 2016, only United Nations and humanitarian flights have been
permitted at Sana’a International Airport, and during the November 2017 blockade even
those were halted for more than three weeks.
57.
Prior to August 2016, commercial flights to Yemen were required to stop in Saudi
Arabia for inspection en route. The coalition has not explained the military necessity of
closing the airport completely, including to those genuinely seeking immediate medical
treatment abroad.
58.
There are reasonable grounds to believe that these naval and air restrictions are
imposed in violation of international human rights law and international humanitarian law.
The Government is required to achieve progressively the full realization of the economic
and social rights of the people in Yemen and to at least ensure satisfaction of minimum
standards of these rights. The Government and the member States of the coalition must also
allow and facilitate rapid and unimpeded passage of humanitarian relief. Given the severe
humanitarian impact that the de facto blockades have had on the civilian population and in
the absence of any verifiable military impact, they constitute a violation of the
proportionality rule of international humanitarian law. The effective closure of Sana’a
airport is a violation of international humanitarian law protections for the sick and wounded.
59.
Such acts, together with the requisite intent, may amount to international crimes. As
these restrictions are planned and implemented as the result of State policies, individual
criminal responsibility would lie at all responsible levels, including the highest levels, of
government of the member States of the coalition and Yemen.
60.
Ta’izz, a strategically important city located between Sana’a and the port cities of
Aden and Hudaydah, is facing ongoing hostilities and significant access restrictions. Parties
to the conflict have impeded the delivery of humanitarian and other goods indispensable to
the survival of the civilian population in Ta’izz. The restrictions imposed by the HouthiSaleh forces have been particularly harmful.
61.
From approximately March 2015 until March 2016, the Houthi-Saleh forces
controlled the two main entry points into Ta’izz, one on the west side of the city and one on
the east. From March to July 2015, there were continuous armed clashes between these
forces and local armed groups within the city. Checkpoint commanders only permitted
civilians to leave the city without their personal belongings. Civilians could only enter the
city on foot and much of their food and medicine was confiscated or looted at checkpoints.
Trucks carrying humanitarian supplies were subject to substantial delays and other
interference. Consequently, suppliers of humanitarian and commercial goods began using
an unpaved mountainous route south of the city to deliver essential supplies. Trips from Ibb
or Aden took many hours longer using the southern route.
9
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