A/HRC/45/CRP.7
374. Among these eight cases are four cases that the Group of Experts has previously
documented: namely numbers 3, 6, 7 and 8 in the above listing. From examining JIAT press
releases and press conferences regarding these four cases, JIAT’s conclusions appear to relate
primarily to failures to take the necessary steps, including following relevant procedures, to
minimise damage to civilians/civilian objects.560 In each case, in addition to legal
proceedings, the JIAT recommended that monies be paid to families of victims and/or
relevant persons in respect of material damage.561 In some cases, recommendations were
made to review the Rules of Engagement.
375. In February 2020, Colonel Turki al-Maliki, the Spokesman for the coalition forces,
stated that the Joint Command of the coalition had referred the cases involving violation of
the rules of engagement to the concerned countries. Al-Maliki indicated that the files included
“documents and evidence to complete the formalities on accountability.” Al-Maliki also
noted that “that the judicial authorities have begun the procedures of the trial, and the
judgments will be announced once they acquire the peremptory status.”562
376. The Group of Experts requested further information on these cases, and any other
cases subsequently referred to national authorities. In particular, the Group of Experts sought
details of the identity of the relevant national authorities dealing with the cases and
information concerning the status of national proceedings: e.g., the nature of any charges, the
level of personnel charged, and the outcome of any proceedings (for example, convictions
for offences, the imposition of punishment and/or disciplinary penalties). As of the date of
the preparation of this report, the Group of Experts had not received any response. From its
search of public records, the Group is not aware of any courts-martial having been concluded
with respect to cases that the Group of Experts has examined.
377. The Security Council-mandated Panel of Experts also reported that JIAT had
concluded there had been “technical” error in an additional 10 cases.563 These cases were:
No. Case
Location
Date
1
Street in Sa‘dah
Sa‘dah
2 June 2015
2
Sham water factory
Hajjah
30 August 2015
3
Sa’baa university
Sana’a
16 July 2015
4
Two houses in Saba‘in district
Sana’a
22 September 2015
5
House in Faj Attan
Sana’a
25 August 2017*
6
Building in Dar Saber
Ta‘izz
26 May 2015
7
Building near ministry of defence
Sana’a
10 November 2017
8
Hasabah district
Sana’a
21 December 2015
9
Kitaf hospital
Sa‘dah
26 March 2019*
10
Qobari district
Sana’a
9 June 2017
Source: JIAT, as quoted by the Security Council-mandated Panel of Experts.
*Previously investigated by the Group of Eminent Experts.
378. Of these 10 cases, two relate to airstrikes previously examined by the Group: numbers
5 and 9 above. The press releases concerning JIAT investigations in these two cases, reveals
560
Details of the cases were found at: www.spa.gov.sa/1812903 (Wedding Tent in Hajjah case);
www.spa.gov.sa/1875235 (MSF Cholera Treatment plant case), www.spa.gov.sa/1804423 (Bus in
Dhahyan market, Sa’ada case; and https://www.spa.gov.sa/1548647 (Great Hall, Al-Kubra case).
561 The topic of reparations is dealt with separately below: see para. 403.
562 https://www.spa.gov.sa/viewstory.php?lang=en&newsid=2034044 (12 February 2020).
563 S/2020/326, p. 40.
94
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents