A/HRC/45/6
officers, and more recent restrictions related to COVID-19. The Commission has referred
over 1,000 cases to the Attorney General. To date, only 19 cases have been brought to trial,
and the cases remain pending.
96.
In relation to the coalition, the Group of Eminent Experts notes that overall the Joint
Incident Assessment Team has conducted over 190 investigations examining specific air
strikes. However, the Group continues to have concerns as to the thoroughness and
credibility of its analysis and findings. There remains a tendency for the Assessment Team
to accept the legality of air strikes involving military targets, without taking into proper
account the principles of proportionality or precaution. It is understood that the Assessment
Team has referred eight cases (involving specific air strikes) to national military
prosecutors for action. No public information is available on the current status of those
cases.
97.
There is little information in relation to investigations and/or prosecutions
undertaken by the de facto authorities, and the Group of Eminent Experts continues to
question the commitment of the de facto authorities to accountability.
98.
Although the Yemeni justice system bears the largest potential caseload in relation
to violations committed in Yemen, the Group of Eminent Experts is concerned that it
presently lacks the means and capacity to conduct prosecutions in a manner consistent with
international human rights law. Even prior to the current conflict, the system’s operation
was compromised by the legacy of executive control experienced during the regime of
former President Ali Abdallah Saleh. It faced issues with respect to, inter alia, corruption,
inadequate protection of fair trial rights, discrimination against women and attacks and
serious threats to judicial actors. The conflict has only exacerbated the situation.
Additionally, victims, witnesses and judicial actors lack sufficient protection against
reprisals in politically sensitive cases. On a technical level, Yemeni law requires reform to
be able to address the full range of violations amounting to international crimes and
applicable modes of liability. While less information is available in relation to the military
justice system, the Group considers it would in all likelihood be even less compliant with
human rights than its civilian counterpart.
99.
The international community can and should take further initiatives to help bridge
the acute accountability gap that persists in relation to the conflict in Yemen. In particular,
the Group of Eminent Experts calls upon the Security Council to refer the situation in
Yemen to the International Criminal Court, and to expand the list of persons subject to
Security Council sanctions. It supports the establishment of a criminally focused
investigation body, similar to the International, Impartial and Independent Mechanism to
Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious
Crimes under International Law Committed in the Syrian Arab Republic since March 2011,
to conduct further investigations and prepare case files to be shared with relevant
prosecutorial authorities. States must investigate war crimes over which they have
jurisdiction and, where appropriate, prosecute such crimes. States must also fulfil the duties
to prosecute or extradite that arise under international human rights law. The Group more
broadly encourages third States to collaborate so as to be able to exercise their powers to
undertake universal jurisdiction prosecutions where appropriate. In the longer term, the
Group encourages Yemeni authorities and the international community to engage in further
dialogue about the creation of a special tribunal, such as a hybrid tribunal, to prosecute
cases of those most responsible.
100. The Group of Eminent Experts also calls upon all involved to ensure that respect for
human rights is placed at the heart of any future peace negotiations and that no steps are
taken that would undermine respect for human rights and accountability, such as granting
blanket amnesties.
101. Authorities need to integrate all aspects of victims’ right to a remedy (including
reparations) into their response to violations. Reparations should be provided for all serious
violations, and be non-discriminatory, gender-sensitive and accessible to, and informed by
consultations with, victims.
102. The Group of Eminent Experts reiterates its concern about third States transferring
arms to parties to the conflict in Yemen in blatant disregard of the documented patterns of
16
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents