A/HRC/30/31
21.
Yemen is a party to all four Geneva Conventions of 12 August 1949 and to
Additional Protocols I and II thereto, and to the Convention on Prohibitions or Restrictions
on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively
Injurious or to Have Indiscriminate Effects.
22.
Yemen is also bound by customary international law, including customary
international humanitarian law and customary international human rights law.
23.
As a State party to the above-mentioned conventions, Yemen is legally bound to
respect, protect and fulfil the human rights of those within its jurisdiction. In addition, all
parties to the conflict in Yemen, including Saudi Arabia and other members of the
coalition, are obliged to respect the applicable rules of international humanitarian law.
These include the obligations to respect the principles of distinction and proportionality,
and to take all feasible precautions to protect the civilian population. Civilians and civilian
objectives are protected from attack. Hospitals, schools and religious sites are also subject
to heightened protections, and attacks on them have an impact on peoples’ enjoyment of
their rights, including to health, education and freedom of religion. Parties to the conflict
must also allow and facilitate rapid and unimpeded passage of impartial humanitarian relief
for civilians in need. It is important to recall that a situation of armed conflict does not
exempt any State from its human rights obligations.
24.
While non-State actors cannot formally become parties to international human rights
treaties, non-State actors that exercise government-like functions and de facto control over
a territory are increasingly considered to be bound by international human rights
obligations when their conduct affects the human rights of the individuals under their
control.
III. Situation of human rights
A.
Conduct of hostilities
25.
For years, Yemen has been torn by conflicts between different political and
ideological forces. The current conflict between the Government of Yemen and the armed
groups has polarized the country in an unprecedented manner. The subsequent intervention
of the coalition forces intensified hostilities.
26.
The information reported below was gathered by OHCHR in Yemen, which has
continued to monitor the situation closely despite the security-related challenges, and while
having to relocate its international staff members to Amman intermittently since May 2014.
The stringent security restrictions and the intensification of the conflict have required
serious limitations to access to the areas where people have been most affected by the
violence. As a result, OHCHR was unable to verify the vast majority of allegations of
human rights violations and abuses or violations of humanitarian law that had been reported
in relation to the ongoing conflict. The information below highlights examples of
allegations of attacks that were documented by OHCHR in Yemen throughout the period
under review.
27.
In September 2014, the armed confrontation spread to Sana’a, resulting in further
casualties. According to the Ministry of Public Health, a total of 274 people, including
civilians, were killed as a result of fighting between Yemeni Armed Forces and the Popular
Committees between 17 and 21 September 2014.
28.
According to information received by OHCHR, 1,527 civilians were killed and
3,548 injured between 26 March and 30 June 2015 as a result of the conflict, including by
air strikes. Of the casualties, at least 941 civilians were killed and 2,295 injured by coalition
7
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