A/HRC/45/6
serious violations of international humanitarian law and human rights law in the conflict to
date. The Group believes that they are failing in their responsibilities to ensure respect for
international humanitarian law, and that some States may be violating their obligations
under the Arms Trade Treaty. Furthermore, such support may amount to aiding and
assisting internationally wrongful acts in contravention of international law.
VII. Conclusions and recommendations
A.
Conclusions
103. The Group of Eminent Experts has reasonable grounds to believe that the
Governments of Yemen, Saudi Arabia and the United Arab Emirates, as well as the
southern transitional council, to the extent they exercise jurisdiction, and as
applicable to each party, are responsible for human rights violations, including
arbitrary deprivation of life, enforced disappearance, arbitrary detention, genderbased violence, including sexual violence, torture and other forms of cruel, inhuman
or degrading treatment, the recruitment and use in hostilities of children, the denial of
fair trial rights, and violations of fundamental freedoms and economic, social and
cultural rights.
104. The Group of Eminent Experts has reasonable grounds to believe that the de
facto authorities are responsible for human rights violations in the areas over which
they exercise effective control, including arbitrary deprivation of life, enforced
disappearance, arbitrary detention, gender-based violence, including sexual violence,
torture and other forms of cruel, inhuman or degrading treatment, the recruitment
and use in hostilities of children, the denial of fair trial rights, and violations of
fundamental freedoms and economic, social and cultural rights.
105. The Group of Eminent Experts has reasonable grounds to believe that the
parties to the armed conflict in Yemen have committed a substantial number of
violations of international humanitarian law. Subject to a determination by an
independent and competent court, the Group finds that:
(a)
Individuals in the coalition, in particular from Saudi Arabia, may have
conducted air strikes in violation of the principles of distinction, proportionality and
precaution, acts that may amount to war crimes;
(b)
Individuals in the Government of Yemen and the coalition (in particular
from Saudi Arabia and the United Arab Emirates) and the southern transitional
council have committed, as applicable to each party, acts that may amount to war
crimes, including murder of civilians, torture, cruel or inhuman treatment, rape and
other forms of sexual violence, outrages upon personal dignity, denial of fair trial, and
enlisting children under the age of 15 or using them to participate actively in
hostilities;
(c)
Individuals in the coalition have conducted indiscriminate attacks using
indirect-fire weapons, acts that may amount to war crimes;
(d)
Individuals in the de facto authorities have conducted indiscriminate
attacks using indirect-fire weapons and have used anti-personnel landmines, 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 of civilians, torture, cruel or inhuman
treatment, rape and other forms of sexual violence, outrages upon personal dignity,
denial of fair trial, impeding humanitarian relief supplies, and enlisting children
under the age of 15 or using them to participate actively in hostilities.
106. Where possible, the Group of Eminent Experts has identified individuals who
may be responsible for such international crimes, and has confidentially transmitted
those names to the United Nations High Commissioner for Human Rights. More
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