A/HRC/24/34
ensure accountability in all such instances, including through the conduct of credible,
prompt and effective investigations.
17.
OHCHR notes with concern the lack of transparency surrounding the use of armed
drones for targeted killings in Yemen. This contributes to a lack of clarity on the legal bases
for the use of lethal force through drone strikes, as well as on safeguards to ensure
compliance with the applicable international law. Moreover, the absence of transparency
has created an accountability vacuum, in which victims have been unable to seek redress.18
18.
Prominent Government officials in Yemen have been voicing their concern about
the legality of drone strikes under international and domestic law, as well as their
effectiveness as a counter-terrorism strategy, and have called for adjusting the counterterrorism strategy and policy of Yemen to ensure that it is coherent with international law.
National civil society organizations have also called for an end to drone strikes, which they
believe to be undermining the sovereignty of Yemen, as well as driving individuals to join
Al-Qaida groups out of revenge and despair. Serious questions also have been raised by
civil society organizations as to whether, at least in certain instances, targeted individuals
could have been arrested rather than killed. Officials, including President Hadi, however,
have defended the drone strikes and maintained that they are carried out by the United
States of America in full coordination with the Yemeni authorities and only after approval
by the President.
D.
Humanitarian situation
19.
According to the Office of the Coordination of Humanitarian Affairs (OCHA), as of
May 2013, 10.5 million people were in need of food aid, of which about 5 million were
faced with acute food shortage; 6.4 million people did not have access to health care and
almost 1 million children were facing acute malnutrition. Over 13 million people were
without access to safe water and sanitation.19 Addressing the dire humanitarian situation in
Yemen remains critical to ensuring the success and sustainability of the ongoing political
dialogue.
III. Situation of human rights and implementation of
recommendations of OHCHR
A.
Accountability and transitional justice
20.
The events of 2011 brought to the forefront the issue of accountability for past
human rights violations. There are persistent demands to bring perpetrators from all sides to
18
19
Outside of active hostilities in the context of an armed conflict, the use of lethal force in a law
enforcement operation is prohibited except in very narrow circumstances. Under international human
rights law, this is only insofar as the use of lethal force is required in self-defence or defence of others
against the imminent threat of death or serious injury, to prevent the perpetration of a particularly
serious crime involving grave threat to life, to arrest a person presenting such a danger and resisting
their authority, or to prevent his or her escape, and only when less extreme means are insufficient to
achieve these objectives. In a situation of armed conflict, States must ensure that the use of lethal
force complies with international humanitarian law, including the principles of distinction,
proportionality and precaution. In case of doubt, individuals are entitled to a presumption of civilian
status and are protected against attack.
OCHA, Humanitarian Bulletin, Yemen, issue No. 15, 7 May–8 June 2013.
7
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