A/HRC/45/CRP.7
93.
Those involved in clearing mines also face considerable danger. In one incident
verified by the Group, a landmine engineer from the 19th infantry brigade of the Government
of Yemen died of injuries sustained from an exploding landmine on 3 January 2020. He had
been attempting to remove a landmine from the roadside in Wadi Thahba Sub-district,
Usaylan District, Shabwah Governorate.
94.
In the Shabwah Governorate again, in the morning of 4 June 2020, a 16-year-old boy
was killed and five adult men were injured by the explosion of an anti-vehicle landmine in
As Safra region, Usaiylan district. The victims were on their way from the village of Thlemin
to Baihan district. Since regular roads were blocked due to the recent flooding, the driver
decided to go off-road, which led to them driving over a landmine that was allegedly planted
by the Houthis in 2017.
95.
While the Group of Experts has during this reporting period focused on the effects of
illegally planted landmines, the Group also recalls the obligation of authorites to not use such
anti-personnel landmines, to destroy or ensure the destruction of all anti-personnel landmines
under their jurisdiction and control as soon as possible, and to make every effort to identify
areas under their jurisdiction in which mines are known to be or suspected and undertake
requisite perimeter-marking, monitoring and protecting by fencing/other means.113
Legal findings
96.
The Group found reasonable grounds to believe that the Houthis have planted
landmines, in particular anti-personnel landmines, in violation of international humanitarian
law and that such landmines continue to cause the death and injuries of civilians.
B.
Arbitrary deprivation of life/murder of civilians
Applicable law
97.
International human rights law prohibits the arbitrary deprivation of life.114 Law
enforcement officials (whether police, military or other members of State security forces)
must only use lethal force where it is a proportionate response to the legitimate objective to
be achieved and is strictly necessary.115 Firearms are to be used only: in self-defence or in
defence of others against imminent threat of death or serious injury; to prevent a particularly
serious crime involving grave threat to life; or to arrest a person posing such a threat who is
resisting efforts to stop the threat, or to prevent that person’s escape.116 Even in these
circumstances, firearms are only to be used when less extreme means are insufficient to
achieve these objectives, with lethal use of force only employed when strictly unavoidable in
order to protect life.117 The State is also responsible for violations committed by non-State
actors (e.g. militias, armed groups) operating in support of or as agents of State authorities.
118
States also have a positive obligation of due diligence to protect the right to life from
threats posed by others, including for instance, putting in place effective criminal justice
response systems.119
98.
During periods of armed conflict, the prohibition on arbitrary deprivation of life needs
to be interpreted and applied having regard to the rules of international humanitarian law. A
113
Anti-Personnel Mine Ban Convention, arts. 1 and 5.
ICCPR, art. 6(1).
115 Specialised standards have been developed in the area of use of force by law enforcement officials:
see Code of Conduct for Law Enforcement Officials, adopted by General Assembly resolution 34/169
(17 December 1979) and the Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials, adopted by the 8th UN Congress on the Prevention of Crime and the Treatment of Offenders
(1990).
116
See Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, principle 9.
117 Ibid.
118 See Principles in the Effective Prevention and Investigation of Extra-Legal, Arbitrary and
Summary Executions, Recommended by ECOSOC resolution 1989/65, principle 2.
119 Human Rights Committee, General Comment No. 36: Article 6: the right to life (2019) paras. 1920.
114
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