A/HRC/42/17
(a)
Individuals in the Government of Yemen and the coalition have conducted
attacks using indirect-fire weapons and small arms fire in violation of the principle of
distinction, acts that may amount to war crimes;
(b)
Individuals in the Government of Yemen and the coalition, including
Saudi Arabia and the United Arab Emirates, may have conducted airstrikes in violation
of the principles of distinction, proportionality and precaution, and may have used
starvation as a method of warfare, acts that may amount to war crimes;
(c)
Individuals in the Government of Yemen and the coalition, including
Saudi Arabia and the United Arab Emirates, have committed acts that may amount to
war crimes, including murder, torture, cruel or inhuman treatment, rape, outrages
upon personal dignity, denial of fair trial, and enlisting children under the age of 15 or
using them to participate actively in hostilities;
(d)
Individuals in the de facto authorities have conducted attacks using
indirect-fire weapons and small arms fire in violation of the principle of distinction,
including launching direct attacks against civilians or civilian objects and
indiscriminate attacks, and may have used starvation as a method of warfare, acts that
may amount to war crimes;
(e)
Individuals in the de facto authorities have committed acts that may
amount to war crimes, including murder, torture, cruel or inhuman treatment, and
outrages upon personal dignity, denial of fair trial, hostage-taking, and enlisting
children under the age of 15 or using them to participate actively in hostilities.
97.
Where possible, the Group of Experts has identified individuals who may be
responsible for international crimes, and has transmitted those names to the High
Commissioner. More information is needed on some incidents documented by the
Group to establish responsibilities.
B.
Recommendations
98.
To ensure justice for all victims of violations of international human rights and
humanitarian law, and in the light of the ongoing armed conflict, the Group of Experts
recommends that parties to the conflict:
(a)
Immediately cease all acts of violence committed against civilians in
violation of applicable international human rights and international humanitarian law,
and take all feasible precautions to protect civilians from the effects of hostilities;
(b)
Immediately put an end to any measures that exacerbate the
humanitarian crisis; in particular, cease attacks against objects indispensable to the
survival of the population take the steps necessary to remove disproportionate
restrictions on the safe and expeditious entry into Yemen of humanitarian supplies and
other goods indispensable to the civilian population; facilitate the rapid and unimpeded
passage of humanitarian relief for civilians in need; and take the appropriate steps to
ensure the realization of the right to an adequate standard of living of the population,
in particular women and children;
(c)
Immediately put an end to enforced disappearances and arbitrary
detention; ensure that all cases of detention are promptly reviewed by a competent
judicial authority, and that detainees are either promptly charged or released; and
ensure that the rights of detainees are respected, including those inherent to a fair trial
and the right not to be subjected to torture and ill-treatment;
(d)
Respect, protect and fulfil the rights to freedom of expression and other
fundamental freedoms; ensure that all those deprived of their liberty on these grounds,
including journalists and human rights defenders, are immediately released; ensure
that journalists and human rights defenders can conduct their activities without
harassment or being subjected to legal proceedings in violation of international human
rights law; and cease the persecution of women human rights defenders;
17
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