A/HRC/30/31
building upon the outcomes of the National Dialogue Conference and universal periodic
review and treaty body recommendations.
IV. Conclusions and recommendations
89.
The High Commissioner is concerned about the continued escalation of violence
in Yemen and the related allegations of violations of international humanitarian law,
some of which may amount to war crimes, and violations and abuses of international
human rights law. This situation is partly the result of failure to address past
grievances and to bring perpetrators to justice.
90.
Recalling the recommendations already made by OHCHR in previous reports
on the situation of human rights in Yemen, the High Commissioner recommends that
all parties to the conflict:
(a)
To comply with their obligations under international humanitarian law
and international human rights law, as applicable, including by taking all feasible
precautions to avoid and minimize civilian casualties;
(b)
To abide by the principles of distinction, proportionality and precautions
in attacks in the conduct of hostilities;
(c)
To end the recruitment and use of children for military purposes, and to
ensure that measures are taken to prevent such acts;
(d)
To ensure immediate, safe and unimpeded access of humanitarian
organizations to all areas under their control;
(e)
To recall that the arms embargo pursuant to the Security Council
resolution 2216 (2015) should not result in restrictions of the right to freedom of
movement and trade in commercial goods, including fuel;
(f)
To return to negotiations and to find solutions to end the conflict.
91.
The High Commissioner recommends that the coalition forces and the
Government of Yemen ensure prompt, thorough, effective, independent and impartial
investigations into alleged violations and abuses of international human rights law and
alleged violations of international humanitarian law. The investigations should be
conducted by independent bodies, their results should be made public, and those
responsible should be brought to justice in a manner consistent with international
human rights law and without resort to the death penalty.
92.
The High Commissioner recommends that the Government of Yemen, pending
the abolition of the death penalty, establish a moratorium on its application. In the
meantime, Yemen should comply with its international human rights obligations,
including by not imposing the death penalty, except for the most serious offences;
suspending the application of the death penalty for crimes committed by persons
under the age of 18; and ensuring scrupulous respect for the rights to due process and
to a fair trial in death penalty cases.
93.
The High Commissioner calls upon the international community:
(a)
To encourage the establishment of an international independent and
impartial mechanism to investigate alleged violations and abuses of international
human rights law and alleged violations of international humanitarian law that have
resulted in loss of life and/or serious injury;
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