A/HRC/45/CRP.7
seven others. The circumstances of these incidents warrant further investigation against the
background of the pattern of violations revealed in the Group’s investigations of coalition
airstrikes over the last three years.
Legal findings
74.
In the four airstrikes or series of airstrikes it examined, the Group of Experts
concluded that the coalition may have failed to take all legally necessary measures to
minimise civilian casualties, namely in fulfilling duties to verify a target as a legitimate
military target, to collect and assess intelligence relating to likely civilian impact, to cancel
or suspend an attack if it becomes apparent that the target is not a lawful one, and to give an
effective advance warning if circumstances permit, or if it would be a disproportionate attack
(that is, an attack that could be anticipated to cause incidental loss of civilian life, injury to
civilians or damage to civilian objects excessive in relation to the concrete and direct military
advantage anticipated). Even if it were confirmed that the coalition were directing attacks
against legitimate military targets in some of these airstrikes, the extent of civilian casualties
that could have been anticipated raises significant questions as to the proportionality of the
attacks and whether sufficient precautions in attack were taken.
2. Mortar/Rocket Shelling
Factual findings
75.
The Group of Experts is concerned at the continued practice by 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.
76.
In one case investigated by the Group of Experts, for example, four boys were injured,
including two severely, when a ground-fired munition (likely a mortar) exploded nearby as
they played outside on the morning of 26 June 2019 in the village of Ghoal Al-Deymah,
located approximately 1 km from a frontline, in Qa’atabah district, Al-Dhale’e Governorate.
The munition was allegedly fired from Husn Al-Aql, a plateau 800m north of the village
under Houthi control.
77.
On 5 April 2020, at approximately 4.30 pm, several mortar rounds were fired by the
Houthis towards the area of the Central Prison (Central Rehabilitation Facility) in the northwest of Ta‘izz city. One round killed 6 women - 5 inmates and 1 guard – as well as two young
girls who were visiting their mothers in the female section of the prison, and injured 6 other
female inmates. A man who was inside his vehicle was injured by another round that landed
outside the prison on the road. Earlier on the day of the attack, discussions had taken place at
the prison to finalise the release the next day of over 100 prisoners, including some of the
women who were killed and injured, as part of efforts by the judiciary and lawyers to ease
the prison population amid concerns over COVID-19.
78.
The prison is located in the middle of a residential area, some 250-300 metres from
what is commonly known as the “social welfare compound”. The 17th Brigade of the Ta‘izz
Axis Command of the Government of Yemen had been using the buildings in this area as
administrative headquarters. In January 2020, the National Commission for the Investigation
into Human Rights Violations (also known as the National Commission of Inquiry to
investigate allegations of violations and abuses committed by all parties to the conflict in
Yemen, (NCOI) wrote to the Ta‘izz Axis Command requesting them to leave the buildings
so they could be returned to the Office of Social Affairs and Labour and their original use.
The Group understands this did not occur. The Group also received reports that the compound
may have housed military equipment such as an armoured vehicle or tank. It is not known if
the “social welfare compound” was the objective of this attack. However, even if a legitimate
military objective were involved, the attack appears to have been carried out in an
indiscriminate fashion. Witnesses interviewed by the Group reported that the general area
had been shelled several times prior to that incident and throughout the conflict.
26
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