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

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