A/HRC/45/CRP.7
II.
Methodology
8.
The Group of Experts continued to follow the well-established best practices and
methodologies for human rights fact-finding2, ensuring that the principles of “do no harm”,
independence, impartiality, objectivity, transparency, and integrity were strictly adhered to
at all stages of its work.
A.
Scope
9.
For this reporting period, the Group of Experts has focused primarily on alleged
violations which took place between July 2019 and June 2020. Some incidents occurring
prior to this period were investigated where, for instance, previous reports had noted the need
for further investigations, or where a longer-term perspective was necessary to appreciate a
pattern of violations. The Group prioritised incidents of alleged violations for examination
using the criteria previously developed: namely, the gravity of allegations of violations; their
significance in demonstrating patterns; access to victims, witnesses and supporting
documentation; and the geographic locations of the incidents. It stresses the need for further
investigations to more comprehensively address alleged violations, including in governorates
not covered in this report. Despite not being able to exhaustively document the huge number
of alleged violations, the Group considers that its report illustrates the main patterns and types
of violations taking place in Yemen. After six years of conflict, the fact that these patterns of
violations and abuses continue unabated raises serious concerns as to the will of the parties
to the conflict to decisively change their behaviour on the ground.
10.
As part of its mandate, the Group of Experts has identified, where possible, the party
to the conflict or affiliated group responsible for violations and abuses and has named these
actors in this report. It has also sought, when feasible, to identify individuals allegedly
responsible for violations and abuses. A strictly confidential list of such alleged perpetrators
has been submitted to the High Commissioner for Human Rights. This list is distinct from
the mapping of the main actors of the conflict in Annex I.
B.
Corroboration and standard of proof
11.
In line with well established practices of United Nations fact-finding bodies, the
Group of Experts applied “reasonable grounds to believe” as the standard of proof to consider
individual incidents and patterns established and to reach factual conclusions. On that basis,
the Group then proceeded to determine whether these factual findings amounted to violations
of international human rights law and/or international humanitarian law.
12.
The Group considered the standard of proof to be met when it had obtained a reliable
body of information, consistent with other material, upon which a reasonable and ordinarily
prudent person would believe that the incident or pattern of conduct had occurred. The Group
of Experts assessed both the reliability and credibility of the sources and the validity of the
information. To make those factual determinations, the Group corroborated the information
it received by comparing it with other sources to check whether the various parts of an
allegation raised by a source coincided with the information from other independent credible
sources. In doing so, it required at least one credible direct source of information,
independently corroborated by at least one or more additional credible sources of
information. In cases where there was only a single credible direct source for an incident, if
the incident fitted a pattern of incidents established by the Group and for which it could
identify similarities in various fields, such as the methods or modus operandi, the location,
and/or the perpetrators, the Group relied on corroboration by pattern.
See United Nations Office of the High Commissioner for Human Rights (“OHCHR”), International
Commissions of Inquiry and Fact-Finding Missions on International Human Rights Law and
International Humanitarian Law - Guidance and Practice, 2015, available at:
https://www.ohchr.org/Documents/Publications/CoI_Guidance_and_Practice.pdf
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