A/HRC/45/6
27.
For example, the Group of Eminent Experts examined three air strikes launched in
the Sawamel region, Mustaba’ District, Hajjah Governorate on 11 August 2019. The first
strike hit a house. Ten minutes later the second strike hit a location approximately 150 m
away from the house. Some four to five minutes later, the third strike hit an open area far
from the village and did not cause damage to persons or property. While the Group was
unable to verify exact casualties, the next day the Office of the Resident and Humanitarian
Coordinator for Yemen reported that 12 persons had been killed, including 6 children, and
16 civilians injured. No statement was made by the coalition in relation to this attack, and
the Group is not aware of any military targets among either the persons or objects hit, or in
the immediate vicinity.
28.
Another example is the series of air strikes launched on 31 August 2019 on Dhamar
Community College, in Dhamar Governorate. One of its buildings was being used by the
Houthis as an unofficial detention facility, holding mostly civilian male detainees. The
existence of this detention facility had been publicly known since at least 2018, having been
referred to by the Panel of Experts on Yemen. As a result of the strikes, at least 134 male
detainees were killed and 40 injured. Four buildings (including the detention facility) were
severely damaged and one building was totally destroyed. The coalition justified this air
strike as an attack on a legitimate military target.
29.
The coalition’s Joint Incident Assessment Team investigated the incident,
concluding that the College had been used to store drones and air defence missiles, and that
Houthi military vehicles had been observed at the location. The Assessment Team also
referred to the detention facility as not being on the “no-strike” list. The Group of Eminent
Experts has not been able to independently verify claims regarding military use of some
buildings or the presence of military equipment. However, even if this were the case, the
presence of military targets does not negate the coalition’s legal obligation to take account
of the likely civilian impact of attacks, undertake necessary proportionality analyses and
ensure sufficient precautions in attack. It rejects the coalition’s implicit attempts to deflect
legal responsibility through reference to the “no-strike” list, noting that the United Nations
Office for the Coordination of Humanitarian Affairs deconfliction mechanism relates only
to static humanitarian locations and humanitarian movements. Non-inclusion of any facility
on the list cannot be used as a justification for the coalition’s failure to comply with its
fundamental international humanitarian law obligations.
30.
The Group of Eminent Experts documented two further air strikes that resulted in
large numbers of civilian casualties, especially children. On 24 September 2019, in
Muzaimir village, Fakhir town, Dhale’ Governorate, over 30 civilians were killed and
injured by two air strikes. One of the deadliest airstrikes of 2020 was launched by the
coalition in the early hours of 15 February 2020 on a village in Hayjah area, Maslub
District, Jawf Governorate, resulting in approximately 50 civilians killed and injured.
31.
In these and other documented air strikes, the Group of Eminent Experts concludes
that the coalition may have failed to take all measures necessary to minimize civilian
casualties. Failures relate particularly to fulfilling duties to verify a target as a legitimate
military target, to collect and assess intelligence relating to likely civilian impact and to
cancel or suspend an attack if it becomes apparent that the target is not a lawful one or that
it would be disproportionate. Even if it were confirmed that the coalition were directing
attacks against legitimate military targets in some of these air strikes, the extent of the
civilian casualties that could have been anticipated raises significant questions as to the
proportionality of the attacks and whether all feasible precautions in the attack were taken.
Disproportionate attacks constitute war crimes under customary international law.
2.
Mortar and rocket shelling
32.
The Group of Eminent Experts remains concerned at the continued practice of
parties to the conflict of using indirect-fire weapon systems with wide-area impact, such as
rockets and mortars, especially in populated areas. Given the imprecision of such
weaponry, their usage in such environments gives rise to the likelihood of significant
civilian casualties and damage to civilian buildings in excess of any anticipated military
advantage, and increases the risks of misdirected attacks.
6
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