A/HRC/45/CRP.7
Legal findings
87.
The Group of Experts does not have sufficient information to conclude that these
attacks were directed at the hospitals. The Group concludes, however, that these attacks were
at a minimum prohibited indiscriminate attacks due to the imprecise nature or deployment of
the weapons used (Katyusha rockets). Further investigations are required to confirm the party
responsible for these attacks.
4. Landmines
Applicable Law
88.
Under the Convention on the Prohibition of the Use, Stockpiling, Production and
Transfer of Anti-Personnel Mines and on their Destruction (Anti-Personnel Mine Ban
Convention), which Yemen has ratified and the de facto authorities have acknowledged being
bound by), it is forbidden to use anti-personnel mines.106 It is also prohibited to develop,
produce, otherwise acquire, stockpile, retain or transfer such mines.107 Each State party
undertakes to destroy or ensure the destruction of all anti-personnel mines in accordance with
the Convention.108 States are also obliged to destroy stockpiled and planted landmines,109 and
to make every effort to mark areas under their jurisdiction or control in which landmines are
known or suspected to be emplaced and to provide perimeter marking, monitoring and
fencing to ensure the exclusion of civilians until the landmines have been destroyed.110
89.
In relation to anti-vehicle landmines, customary international law does not prohibit
their use per se, but it sets restrictions on their use. Accordingly, particular care must be
taken by the parties to the conflict to minimise their indiscriminate effects.111
Factual findings
90.
The Group of Experts has previously investigated the unlawful use of anti-personnel
and anti-vehicle landmines. Reports continue to indicate numerous cases of civilians killed
or injured by such devices. According to the the Civilian Impact Monitoring Project, a
humanitarian data source, landmines, improvised explosive devices (IED) and unexploded
ordnances (UXO) collectively resulted in 498 civilian casualties in 2019, up 23% from 405
in 2018.112 In this reporting period, the Group continued to investigate deaths and injuries
directly attributable to anti-personnel and anti-vehicle landmines planted earlier in the
conflict by the Houthis in violation of international humanitarian law.
91.
The Group of Experts verified four incidents in Lahj, Shabwah, and Al-Dhale’e
Governorates that illustrate the horrific effects of landmines. On 19 June 2019, for instance,
a 15-year-old girl who was herding sheep in the area of her village Al-Khasja, in Tur AlBahah district, Lahj Governorate, was killed when she stepped on an anti-personnel mine.
92.
On 8 January 2020, at 4 p.m., a 12-year-old boy herding cattle in the area of his village
Al-Ribi, in Qa’atabah district, Al-Dhale’e Governorate, stepped on an anti-personnel mine
which exploded, resulting in the loss of his right leg. The boy requires home care and can no
longer attend school or herd cattle. His father hopes his son will receive a prosthetic leg,
which would aid the boy’s movement. The Houthis planted mines between March 2019 and
October 2019 when they controlled the area surrounding the village. When the area was taken
over by the Government of Yemen armed forces on 8 October 2019, demining teams
removed many of the mines, but some have remained. Displaced persons who fled the area
and returned remain particularly susceptible as they are unaware of the mines planted in
villages and on farming land.
106
Anti-Personnel Mine Ban Convention, art. 1(a).
Ibid., art. 1(b)
108 Ibid., art. 2.
109 Ibid., arts 4, 5(1).
110 Ibid., art 5(2)
111 See ICRC Study on Customary International Humanitarian Law, rule 81.
112 Civilian Impact Monitoring Project (CIMP), 2019 Annual Report, available at:
https://civilianimpactmonitoring.org/onewebmedia/2019%20CIMP%20Annual%20Report.pdf
107
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