A/HRC/45/CRP.7
361. The Group of Experts also found that, like most of the public sector, the judiciary has
suffered from curtailed payment of salaries and benefits. Since January 2020 the
disbursement of salaries for the judiciary in the north of the country has been fully suspended
in what appears to be a politically motivated decision by the Supreme Judicial Council under
the authority of the Government of Yemen. This creates fertile ground for corruption, a
feature which continues to undermine the independent and impartial administration of justice
in Yemen.
Legal findings
362. The Group of Experts concludes that serious violations of international human rights
law are occurring within the administration of justice in Yemen, in particular through the
politicisation of the system, the regular denial of fair trial rights, attacks on judicial officers
and the imposition of the death penalty in a manner contrary to international human rights
law. Where there is the necessary nexus to the conflict, such breaches also constitute
violations of international humanitarian law. The Group of Experts has noted a frequency of
violations associated with the SCC in Sana’a in particular, but considers that violations are
being committed by authorities across all areas of Yemen.
VI.
Accountability
363. Over the last three years, the Group of Experts has reported on serious violations of
international human rights law and international humanitarian law, some of which may
amount to crimes under international law. It has made repeated calls for relevant authorities
to conduct prompt investigations, compliant with international standards, into alleged
violations and to prosecute those responsible. The Group has also stressed the need to realise
victims’ rights to an effective remedy (including reparations). Regrettably, the Group of
Experts has seen no timely and effective remedies for victims in Yemen. It is vital for the
international community to intensify its engagement with parties to the conflict and other
States, to seek to combat impunity and support accountability related initiatives.
A.
Criminal Justice Accountability
Legal Framework
364. States have a duty to investigate and where sufficient evidence exists, prosecute,
serious violations of international human rights law and international humanitarian law that
constitute crimes under national or international law. This duty attaches in particular to
genocide,538 war crimes,539 crimes against humanity,540 and other gross violations of human
rights, including summary or extrajudicial killings, torture or other forms of cruel, inhuman
or degrading treatment, slavery, enforced disappearance, rape and other forms of sexual
violence.541 While this responsibility attaches to States, as the Group of Experts has
538
Genocide Convention, arts. 1 and 4.
Under customary international humanitarian law governing NIACs, States are under an obligation
to investigate all allegations of war crimes committed by their armed forces or nationals, as well as
those allegedly committed on their territory. Where there is sufficient evidence, they have the duty to
prosecute those responsible. See ICRC Study on Customary International Humanitarian Law, rule
158.
540 While there is not yet a treaty specifically focused on crimes against humanity, this category of
crime features in the Rome Statute and is recognised as one of “the most serious crimes of concern to
the international community as a whole” which “must not go unpunished”: Preamble to the Rome
Statute.
541
In some cases, the duty arises by virtue of treaty obligations to criminalise offences and establish
and exercise jurisdiction in the circumstances outlined: e.g. CAT, arts. 4-7; CPED, arts. 6-11.
However, the duty to investigate and prosecute has been regarded as attaching more broadly to
violations amounting to crimes under national or international law: see e.g. Human Rights Committee
General Comment No. 31, The Nature of the General Obligations on States Parties to the Covenant,
(2004), para.18. See too, Basic Principles and Guidelines on the Right to a Remedy and Reparation
539
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